In IL,felony or misdameanor?
If it's uncased, loaded, and immediately accessible, felony.
Don't live in IL but I'm sure it would be a felony. Here in Ms, you can have a loaded handgun in your vehicle without a ccw. Its considered an extension of your home.
also the Il State Police are pretty adamant about revoking everyone's FOID card for the littlest things...especially weapons violations. Even if the case was dropped to a Mis., you would lose your right to own firearms in IL.
This is not a gun friendly state. I personally don't care about guns when I'm at work, unless its stolen or used against somebody. I'd bet most other LEO's are itching to make a weapons case.
Best way to transport is "unloaded and encased and not immediately accessible.
Keep handgun and mags in small zippered pouch, have puch zipped, and keep the gun as far from you as possible in the vehicle. If you own a pick-up, under the passenger seat should do. In a car or SUV, it should probably be in the trunk/cargo area.
I'm not for it, but that's the way it is for now.
From the ILL State Police
How can I legally transport a firearm on my person or in my vehicle?
Three statutory codes regulate the possession, transfer, and transportation of firearms — the Criminal Code,
the Wildlife Code, and the Firearm Owner’s Identification Act.
Under Unlawful Use of Weapons (UUW) in the Criminal Code, persons who have been issued a valid FOID
card may transport a firearm anywhere in their vehicle or on their person as long as the firearm is unloaded and
enclosed in a case, firearm carrying box, shipping box, or other container. Firearms that are not immediately
accessible or are broken down in a non-functioning state may also be carried or transported under the Criminal
Code. The Wildlife Code, however, is more restrictive. It requires that all firearms transported in or on any
vehicle be unloaded and in a case.
Because of this, it is recommended that, in order to be in compliance with all statutes, all firearms be
1. Unloaded and,
2. Enclosed in a case, and
3. By persons who have a valid FOID card.
How can I legally transport ammunition?
Illinois law requires that residents possessing ammunition must have a valid FOID card. To transport an
unloaded, uncased firearm with ammunition immediately accessible is a Class 4 Felony.
The location of ammunition being transported, including ammunition being transported in loaded magazines, is
not regulated as long as the firearm is unloaded and encased, and the resident possessing the firearm holds a
valid FOID card.
Is it illegal to have ammunition in the case with the firearm?
No, if the firearm is unloaded and is properly enclosed in a case and the individual possessing the firearm and
ammunition is in possession of a valid FOID card.
NOWHERE DOES THE LAW REQUIRE "INACCESSABILITY" for guns transported by FOID holders. It's legal to have your unloaded .45 in a case with loaded mags in that same case, on the seat next to you.
God help any LEO who tries the "it's suppossed to be in your trunk" line on me. I've got a lawyer on stand-by, just in case.
Read the Brunner and McDade cases.
An unloaded, encased gun can be carried almost anywhere. Ammo need NOT be seperate and guns need NOT be in the trunk.
CKMorley, are you saying that the ISP is trying to write their own laws!?
Color me shocked!
In a case/box/zippered pouch/etc.
FOID Card (Unless you are from out-of-state)
I'm saying that the ILL State Police are CORRECT.
All the misinformed LEO's spouting the "Inaccessibility Doctrine" are opening themselves up to civil suits for making bad arrests.
Handc them a copy of the law. If they still arrest you, they 've lost their good-faith-excemption because they had a copy of the law available to them.
Glad I found your post buddy!
Now I know why I want to carry the ISP pamphlet around after my last traffic stop. Makes things very clear: 1.) unloaded, 2.) in a "container," and 3.) valid FOID card in my posession.
The whole "inaccesibility" thing went out the window a few years ago. If it's unloaded and in a zippered case, it can be on the passenger seat right next to you (if you've got a FOID card).
I carry a copy of packing.org info for Out-of-State transport. UUW and Out-Of-State FOID Act info.
i stand corrected regarding the inaccessability doctrine. it is something police, here anyway, have a hard time letting go of. not too many police like having guns next to drivers during traffic stops. i think we should have CCW, even though it would be hard to get over when approaching a car. most, by that i mean all, people that would get a CCW i'm sure are normal. but police don't always look for, or run into, "normal" people.
Regarding the accessibility, you're OK if it's not loaded, cased, and you have a FOID. Accessibility is an "aggravating factor" in the Unlawful Use of Weapons statue (along with a bunch of other crap--are you a gang member?) if the above aren't met.
Incidentally, I'm going of the text in Grock's tacked Illinois State Gun Laws thread right here in this forum...