Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 1/11/2021 3:57:34 PM EDT
So, I'm travelling to IL for work.  I've been reading the messy laws, and it seems that I can carry my handgun in my vehicle in IL, only.  Once at the hotel it could then be unloaded, place in a case and carried in, discreetly of course?

Is this valid and can anyone provide any more links or details?
Link Posted: 1/11/2021 6:17:23 PM EDT
[#1]
Do you have a valid carry license from your home state?

NOTE: A lot of links may fail with the archives being taken offline temporarily.
***

If you have a home state CCL you are allowed to conceal carry in your vehicle.  Must remain in container in vehicle locked if you get out.   A center console works as "container".   Duty to inform if asked.

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39

(430 ILCS 66/40)
(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:

(1) is not prohibited from owning or possessing a  firearm under federal law;

(2) is eligible to carry a firearm in public under   the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and

(3) is not in possession of a license under this Act.

If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, eff. 7-20-15.)
...

(h) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, or present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection. The disclosure requirement under this subsection (h) is satisfied if the licensee presents his or her license to the officer or the non-resident presents to the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is qualified to carry under that subsection. Upon the request of the officer, the licensee or non-resident shall also identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h).


   (h-1) If a licensee carrying a firearm or a non-resident carrying a firearm in a vehicle under subsection (e) of Section 40 of this Act is contacted by a law enforcement officer or emergency services personnel, the law enforcement officer or emergency services personnel may secure the firearm or direct that it be secured during the duration of the contact if the law enforcement officer or emergency services personnel determines that it is necessary for the safety of any person present, including the law enforcement officer or emergency services personnel. The licensee or nonresident shall submit to the order to secure the firearm. When the law enforcement officer or emergency services personnel have determined that the licensee or non-resident is not a threat to the safety of any person present, including the law enforcement officer or emergency services personnel, and if the licensee or non-resident is physically and mentally capable of possessing the firearm, the law enforcement officer or emergency services personnel shall return the firearm to the licensee or non-resident before releasing him or her from the scene and breaking contact. If the licensee or non-resident is transported for treatment to another location, the firearm shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm.

***
Traveling through Illinois with a handgun...

https://www.ar15.com/forums/hometown/Travelling-through-Illinois-with-a-handgun-/23-642829/

For those traveling through Illinois with firearm questions...

https://www.ar15.com/forums/Hometown/For-those-traveling-through-Illinois-with-firearm-questions-/23-322842/

Traveling with a Pistol......

https://www.ar15.com/forums/Hometown/Traveling-with-a-Pistol--/23-625388/#i6893118
Link Posted: 1/11/2021 6:43:38 PM EDT
[#2]
Quoted:
Once at the hotel it could then be unloaded, place in a case and carried in, discreetly of course?

View Quote




https://caselaw.findlaw.com/il-supreme-court/1562742.html


We agree with defendant that the two statutes must be read together in order to avoid absurd results. Reading the statutes separately, as the appellate court did, would mean that an out-of-state resident who transports a firearm into Illinois when the firearm is legally registered in his home state would be exempt from misdemeanor prosecution under the FOID Card Act but that the same conduct would subject such individual to felony prosecution under section 24–1.6(a)(1)(3)(C). This cannot be what the legislature intended. Reading these statutes together, as we must, we find that the exception identified in section 2(b)(10) of the FOID Card Act can be applied to the unlawful use of weapons statute and, therefore, a valid permit or license from another state can substitute for the FOID card requirement in section 24–1.6. Accordingly, we hold that the exception contained in section 2(b)(10) must be incorporated in the unlawful use of weapons act.
View Quote




Under the FOID Act you may transport a firearm which is unloaded and in a case.  So my reading of the law based on the precedent in People v. Holmes is that if you have a valid non-IL CCL you are permitted to transport a firearm anywhere a FOID holder may, and in the manner required for FOID holders (unloaded and in a case).

Discreet would certainly be appropriate depending on what part of the state you are visiting.

Holmes pre-dates IL CCW statute and in much of the discussion in that case centers around issues which are no longer relevant.  However AFAIK it is still controlling precedent re: out of state CCL being a sub for FOID card for other forms of transport.

Link Posted: 2/16/2021 10:22:40 PM EDT
[#3]
Another thread bump to keep active...
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top