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Posted: 8/21/2018 11:36:06 PM EDT
Hoping someone can help me unwrap this a little. I know Chicago has an assault weapons ban, but also that state handgun laws preempt any local ordinance. On top of that, I know I am able to conceal carry a handgun in my car while traveling through the state with my Indiana CCL, which I'm assuming is gtg even in Chicago?

I understand this is playing with fire no matter what the law is, but would I legally be able to have an AR pistol (and mags, which I believe are also banned) in my car while in Chicago? Is that covered by the state handgun and non-resident CCL laws?

Fwiw, it would be in a case with the upper and lower separated, and in the trunk at all times.
Link Posted: 8/22/2018 10:00:06 AM EDT
[#1]
You are describing transporting a firearm...not CC.  Unloaded and enclosed in a case will keep you legal with our transportation preemption.  Doesn't have to be in trunk.
Link Posted: 8/22/2018 3:00:38 PM EDT
[#2]
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Quoted:
You are describing transporting a firearm...not CC.  Unloaded and enclosed in a case will keep you legal with our transportation preemption.  Doesn't have to be in trunk.
View Quote
I am curious... is or was "case" ever defined?

There were rumors back when about a case or bag having to be specifically made to hold a gun.

I am using a Dewalt tool bag as my range bag now. (My house doesn't have a garage, so when I load up the car for a range trip, I"d rather NOT use a bag/case that screams GUN!)

It just so happens that my still new to me Sig MCX Hybrid fits perfectly in the Dewalt tool bag with the brace folded.  

I am wondering if it would fit in a laptop bag.  
Link Posted: 8/22/2018 3:24:28 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I am curious... is or was "case" ever defined?

There were rumors back when about a case or bag having to be specifically made to hold a gun.

I am using a Dewalt tool bag as my range bag now. (My house doesn't have a garage, so when I load up the car for a range trip, I"d rather NOT use a bag/case that screams GUN!)

It just so happens that my still new to me Sig MCX Hybrid fits perfectly in the Dewalt tool bag with the brace folded.  

I am wondering if it would fit in a laptop bag.  
View Quote
Dont know if this from the DNR transportation pamphlet is current or not.  There are apparently multiple codes at play.

What constitutes a legal “case”?

The Criminal Code refers to “a case, firearm carrying box, shipping box, or other container.” However, the
Wildlife Code is more specific, defining case as “a container specifically designed for the purpose of housing a
gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped,
snapped, buckled, tied, or otherwise fastened, with no portion of the gun or bow and arrow device exposed.”

yet...
UUW (unlawful use of a weapon)
"does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or

(iv) are carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act; or
Link Posted: 8/22/2018 3:30:07 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You are describing transporting a firearm...not CC.  Unloaded and enclosed in a case will keep you legal with our transportation preemption.  Doesn't have to be in trunk.
View Quote
Makes sense, but what about traveling TO Chicago? Let's say I'm there for the day, or overnight. Would the transportation preemption still apply?

That's why I brought up the non-resident CCL laws. Left in the car, whether in a case or not, would it still be covered by the law allowing a non-resident permit holder to keep their handgun locked in the car?
Link Posted: 8/22/2018 4:20:01 PM EDT
[#5]
Quoted:

Discussion ForumsJump to Quoted PostQuote History
Dont know if this from the DNR transportation pamphlet is current or not.  There are apparently multiple codes at play.
View Quote
The law was amended to make both DNR and criminal code the same.  The regular transport language covers both now.
Link Posted: 8/22/2018 4:31:45 PM EDT
[#6]
Makes sense, but what about traveling TO Chicago? Let's say I'm there for the day, or overnight. Would the transportation preemption still apply?
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I understand your concern when dealing with Chicago.

You would still be "transporting" as you wouldn't be "residing" in Chicago.  Same if you were coming for a shooting competition or convention.  You would still be transporting.
Link Posted: 8/22/2018 5:36:59 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I understand your concern when dealing with Chicago.

You would still be "transporting" as you wouldn't be "residing" in Chicago.  Same if you were coming for a shooting competition or convention.  You would still be transporting.
View Quote
Am I wrong or is he also allowed to take and keep within a hotel room as long as transport to/from vehicle is legal?  That way it doesnt have to stay in car unattended overnight?   Although I would go for a discreet case that isnt branded by manufacturer or scream firearm.
Link Posted: 8/22/2018 9:37:22 PM EDT
[#8]
Yes, unloaded and enclosed till in room which becomes abode where you can load.
Link Posted: 8/22/2018 9:54:08 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Am I wrong or is he also allowed to take and keep within a hotel room as long as transport to/from vehicle is legal?  That way it doesnt have to stay in car unattended overnight?   Although I would go for a discreet case that isnt branded by manufacturer or scream firearm.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

I understand your concern when dealing with Chicago.

You would still be "transporting" as you wouldn't be "residing" in Chicago.  Same if you were coming for a shooting competition or convention.  You would still be transporting.
Am I wrong or is he also allowed to take and keep within a hotel room as long as transport to/from vehicle is legal?  That way it doesnt have to stay in car unattended overnight?   Although I would go for a discreet case that isnt branded by manufacturer or scream firearm.
While I defer to Swanhunter in case something has changed ...

Pre-CCL laws I had a rifle in a short O.D. green soft rifle case with shoulder strap. It was broken down (upper separate from lower), I replaced the zipper pulls with key rings and added a small Master lock; not helpful in reality but appeases idiots bcuz I have a 'locked case' ... so I got stuck in a shthole hotel next to Union Station, where cops practically had an office in the parking lot. Around 11pm I exit a car w/ IL plates, grab the case from the trunk, and start to walk across the parking lot. I'm almost to the front door and a cop pulls up; "Whatcha got in the bag?" ... "A rifle?" ... "Is it loaded?" ... "No; in fact it's broken down or it won't fit in this locked transport case." ... "Locks don't do much good on a soft case." ... "True, but it's to show that I'm transporting, not to stop a thief." ... "Have a good night."

YMMV

ETA: Swanhunter's reply above is your answer. My post is now just anecdotal confirmation
Link Posted: 8/23/2018 6:03:26 PM EDT
[#10]
Thanks guys. I'll still pucker up pretty good if pulled over, but you've made me feel much better about it.
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