Posted: 5/5/2012 3:34:32 PM EDT
| Next week I'll be going to visit family back home in IL. I usually fly so never brought a firearm. But this time I am driving and every state I travel through reciprocates with NC as far as my CCW goes. However, I know IL has no such thing. What do I have to do in order to transport a handgun while in IL? I think it used to be unloaded and out of reach with the ammo in a different area of the vehicle. That still apply? Thanks. |
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1. Firearm must be unloaded
2. Firearm must be in a gun case - fastened 3. You cannot carry the firearm on your person in any fashion these rules are for transportation in a vehicle only. * Ammo can be anywhere except in gun - your clips/mags can be loaded but cannot be in the firearm. * cased firearm does not have to be in trunk or " out of reach" nor does the ammo. * some municipalities in Cook county have thier own stupid rules so be cautious and know what they are if you are visiting within Cook * Wherever you are staying while in Illinois is considered your temporary place of residence - be it Hotel or family home, You are allowed to have a weapon in your home in this consideration.( Again check Cook County) These are my interpretations - by all means do not take them as gospel. Enjoy your visit |
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1. Firearm must be unloaded 2. Firearm must be in a gun case - fastened 3. You cannot carry the firearm on your person in any fashion these rules are for transportation in a vehicle only. * Ammo can be anywhere except in gun - your clips/mags can be loaded but cannot be in the firearm. * cased firearm does not have to be in trunk or " out of reach" nor does the ammo. * some municipalities in Cook county have thier own stupid rules so be cautious and know what they are if you are visiting within Cook * Wherever you are staying while in Illinois is considered your temporary place of residence - be it Hotel or family home, You are allowed to have a weapon in your home in this consideration.( Again check Cook County) These are my interpretations - by all means do not take them as gospel. Enjoy your visit 
How do you get the gun from your residence to your vehicle? Friendly reminder You should read up on Illinois firearm laws before you post more opinions on them. |
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I feel coinfident assuming that the OP understands that the firearm will need to be carried to the vehicle in order to be transported in the vehicle.
I also feel confident in my understanding of the Illinois law, but am always willing to have a better understanding if someone has specifics. |
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I feel coinfident assuming that the OP understands that the firearm will need to be carried to the vehicle in order to be transported in the vehicle. I also feel confident in my understanding of the Illinois law, but am always willing to have a better understanding if someone has specifics. I think what D233 was getting at is that you aren't quite as sharp on your IL firearms laws as you might want to be. The sure bet any time you try to give legal advice is to cite to relevant authority. (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) Sec. 24-1. Unlawful Use of Weapons. (a) A person commits the offense of unlawful use of weapons when he knowingly: (4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) 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. http://www.ilga.gov/legislation/ilcs/ilcs.asp Also, for what it's worth: "Exception to offense of unlawful use of weapons for carrying unloaded gun in case while possessing firearm owners identification (FOID) card applies not only to situations of purchasing gun and transporting it home or transporting hunting rifle to location of hunt, but also applies to carrying and possession of gun while simply walking down the street." People v. Bruner, App. 4 Dist.1996, 221 Ill.Dec. 459, 285 Ill.App.3d 39, 675 N.E.2d 654. Edited to add good ol Chicago and relevant USC citation: Municipal Code of Chicago: http://www.amlegal.com/library/il/chicago.shtml 1) 8-20-020 Unlawful possession of handguns. (a) It is unlawful for any person to carry or possess a handgun, except when in the person’s home. (b) The provisions of this section shall not apply to: (17) a person while engaged in the lawful transportation of a firearm. 2) 8-20-010 Definitions. For purposes of this chapter the following terms shall apply: “Lawful transportation” means the transportation of a firearm by a person: (1) in compliance with section 8-20-090; or (2) who has a valid FOID card, a CFP and firearm registration certificate, if applicable, and the firearm is: (i) broken down in a nonfunctioning state; (ii) not immediately accessible; and (iii) unloaded and in a firearm case. 3) 8-20-090 Interstate transportation of firearms. It shall not be a violation of this chapter if a person transporting a firearm or ammunition while engaged in interstate travel is in compliance with 18 U.S.C.A. § 926A. There shall be a rebuttable presumption that any person within the city for more than 24 hours is not engaged in interstate travel, and is subject to the provisions of this chapter. 4) 18 U.S.C. § 926A Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. |
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Also, for what it's worth: "Exception to offense of unlawful use of weapons for carrying unloaded gun in case while possessing firearm owners identification (FOID) card applies not only to situations of purchasing gun and transporting it home or transporting hunting rifle to location of hunt, but also applies to carrying and possession of gun while simply walking down the street." People v. Bruner, App. 4 Dist.1996, 221 Ill.Dec. 459, 285 Ill.App.3d 39, 675 N.E.2d 654. There was a case where the ILSC found that a CCW issued from another state met a comparable standard for the FOID in the UUW statute since non-IL folks can't obtain an FOID, but I forget the citation. ETA - People v. Holmes, April 2011 (PDF) |
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Also, for what it's worth: "Exception to offense of unlawful use of weapons for carrying unloaded gun in case while possessing firearm owners identification (FOID) card applies not only to situations of purchasing gun and transporting it home or transporting hunting rifle to location of hunt, but also applies to carrying and possession of gun while simply walking down the street." People v. Bruner, App. 4 Dist.1996, 221 Ill.Dec. 459, 285 Ill.App.3d 39, 675 N.E.2d 654. There was a case where the ILSC found that a CCW issued from another state met a comparable standard for the FOID in the UUW statute since non-IL folks can't obtain an FOID, but I forget the citation. ETA - People v. Holmes, April 2011 (PDF) That was a good case for us and non-residents. Here are the holdings directly from Westlaw: "1) backseat armrest that contained a cover and latch was a 'case,' so that firearm inside the closed and latched armrest was not 'uncased' within meaning of statute defining aggravated unlawful use of a weapon; 2) exception to Firearm Owner's Identification (FOID) Card Act, for nonresidents who are currently licensed or registered to possess a firearm in their resident state, is incorporated into the unlawful use of weapons statute; 3) defendant was not required to have his out-of-state permit with him at time of his arrest in order to invoke the exception to the requirement of having been issued a currently valid FOID card." People v. Holmes, 948 N.E.2d 617 (Ill. 2011) Regarding (3) above, it should be noted that IL courts have consistently required that an IL resident have a valid FOID card on his person when he is in possession of a firearm. Therefore, I would not imply that the ILSC's lesser standard for non-residents in Holmes is also applicable to residents. "Person in possession of firearm must have firearm owner's identification card (FOID) on his person; mere ownership of FOID card by person in possession of firearm is not sufficient to comply with statute." People v. Williams, 266 Ill.App.3d 752 (1994). "Offense of failure to possess a state firearm owner's identification card is committed when a defendant possesses a firearm without having in his possession a firearm owner's identification card; mere ownership of a card by a person arrested in possession of a firearm is not sufficient, for he must then also have the card on his person." People v. Elders, 63 Ill.App.3d 554 (1978). |
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1. Firearm must be unloaded 2. Firearm must be in a gun case - fastened 3. You cannot carry the firearm on your person in any fashion these rules are for transportation in a vehicle only. * Ammo can be anywhere except in gun - your clips/mags can be loaded but cannot be in the firearm. * cased firearm does not have to be in trunk or " out of reach" nor does the ammo. * some municipalities in Cook county have thier own stupid rules so be cautious and know what they are if you are visiting within Cook * Wherever you are staying while in Illinois is considered your temporary place of residence - be it Hotel or family home, You are allowed to have a weapon in your home in this consideration.( Again check Cook County) These are my interpretations - by all means do not take them as gospel. Enjoy your visit
How do you get the gun from your residence to your vehicle? Friendly reminder You should read up on Illinois firearm laws before you post more opinions on them. The problem as I understand it is that the folks at Gunssavelife.com, or possibly the ISRA, not sure which, actually read the law and realized that unloaded fanny pack carry in public places was not a violation of the UUW statute or the FOID act (at least for FOID holders). IIRC a fair number of LEO's, and possibly our lovely and charming AG Little Lisa also, stated that they didn't give two squirts of pee what the law actually said, what they thought the law should be was more important. Long story short fanny pack carry is likely to get you unwanted attention in some jurisdictions. Not sure if I have all this correct as I haven't done the research, but that is my recollection. Maybe things have changed or this has been clarified since the issue first came up. Depending on what part of the OP visists how strictly the law is likely to be interpreted may change. |
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The problem as I understand it is that the folks at Gunssavelife.com, or possibly the ISRA, not sure which, actually read the law and realized that unloaded fanny pack carry in public places was not a violation of the UUW statute or the FOID act (at least for FOID holders). Which it's not. IIRC a fair number of LEO's, and possibly our lovely and charming AG Little Lisa also, stated that they didn't give two squirts of pee what the law actually said, what they thought the law should be was more important. Long story short fanny pack carry is likely to get you unwanted attention in some jurisdictions
Not sure if I have all this correct as I haven't done the research, but that is my recollection. Maybe things have changed or this has been clarified since the issue first came up. Some of it. Former Cook County SA Dick Devine was the lead on that, in this case accompanied by DuPage County SA Joe Birkett (famous for his mishandling of the Rolando Cruz case). Found this over at The Firing Line JOHN HORSTMAN ARRESTED - GUN RIGHTS HERO
By John Birch, President, Concealed Carry, Inc., PO BOX 4597, Oak Brook, IL 60523-2708 Tel: 630 986-8550 PLEASE PASS THIS ON TO YOUR FELLOW GUN RIGHTS SUPPORTERS! John Horstman did not set out to be a hero on Tuesday July 25th when he went bike riding in unincorporated DuPage County. Details are sketchy and indefinite at this point, but evidently someone called the DuPage Sheriff to report a man exposing themselves on the trail. Along comes Mr. Horstman on his bike and the DuPage Sheriff stops him because "He could be the person they are looking for." Ordering him off his bike the deputies quickly discovered loaded magazines on his belt and then the search got down in the dirt UGLY. Mr. Horstman's unloaded Taurus was found in a "day planner" style carry case. He was transported to DuPage County Jail and charged with Aggravated Unlawful Use of Weapon, 720 ILCS 5/24-1.6(a)(2)(B). After a night in jail and breakfast of cold French toast, Mr. Horstman was transported to his bond hearing...more on that in a minute.... THE BOND HEARING: I think we all know it is unlikely in the extreme that someone would carry a gun and back pack and then go out exposing himself with all that gear on. I regret this unseemliness but it is part and parcel of Mr. Horstman's arrest. You see at the bond hearing they DEMONIZED Mr. Horstman over this false allegation (he is not charged with anything except Unlawful Use of Weapons) to get his bond set at $250,000. You read right...for fanny pack carry the bond is ONE QUARTER OF A MILLION DOLLARS! Mr. Horstman had to post $25,000 in cash and turn his guns over to the DuPage Sheriff to make bail. Is this America? I'd like retired cop Leroy Pyle to weigh in on this as if I do I'll write things about the police I will later regret. Think how you would feel as a parent if stopped by a cop and told "Hey you look a flasher, put your hands on the hood and I'm going to search you." I am so mad I could spit! Are you feeling unnerved by this? Do you realize that Mr. Horstman could easily be Mr. Birch? Mr. Lally, Mr. Morley or anyone else reading these words? Gun owners must band together and take on the attitude that when you arrest one gun owner...YOU ARREST ALL GUN OWNERS. Mess with one of us, you get ALL OF US. It is great you send money to the NRA or even the ISRA (not recommended these days). But that will NOT get our rights back. It may make you feel good now, but you won't feel so good when the cuffs are snapped closed on your wrists and your children find out daddy is in jail. This case takes on even more significance as the State's Attorney in this case is Mr. Joe Birkett. Mr. Birkett of DuPage County appeared at a press conference with Cook County State's Attorney Richard Devine and members of the Illinois Council Against Handgun Violence on December 9th, 2000 to announce that anyone caught fanny pack carrying would be charged with and prosecuted for UUW, a class IV felony. Then on July 16th (just ten day prior to Mr. Horstman's arrest) SA Birkett said on One Eyed Jack's Springfield based talk show (http://oej.jack.net) that he was going for full felony UUW's against law abiding gun owners with fanny packs. He did say he would regret having to do it, but he is resolute that we must be jailed as felons. If SA Birkett does not win this case he, SA Devine and the ICHV will look like idiots. They are going bring the big guns to bear on Mr. Horstman and put him through hell on earth in the name of political expediency. I think it's fair to call Mr. Horstman a hero don't you? He did not seek this, but now that it is thrust upon him I can say in my long talks with Mr. Horstman that he is a MAN IN FULL and is not going to kneel before master and beg for forgiveness. We have spoken with SA Birkett twice in an effort to dissuade him from this course of action. We have even provided SA Birkett with the Illinois Gun Law book published by the Illinois State Police and signed by Governor Ryan. SA Birkett acknowledged what the book said made fanny pack carry legal, but said the book was poorly written and that he would go to the Governor to change it. SA Birkett assures me he is pro-Second Amendment but he feels guns in the hands of his citizens are dangerous. Bull hockey. This followed shortly thereafter: At 12:10pm, Aug 7th 2001, Concealed Carry, Inc. was contacted by DuPage County State's Attorney Joe Birkett. Mr. Birkett stated as follows:
1) He supports concealed carry, but concealed carry is not Illinois law. 2) He has personally reviewed the case and upon that review has determined the case cannot go to trial. All charges to be dropped, Mr. Horstman can have is property back. 3) Mr. Birkett is contacting Mr. Horstman's defense attorney as we speak to inform of his office's decision. On one hand it would have been great to have had our test case, but I can see the State of Illinois simply did not want to do that. Further, Mr. Horstman has suffered enough and it is because of your hard work in energizing gun owners to support Mr. Horstman on Aug 20th that the State's Attorney took a personal interest in this case. In short, without firing a shot, we have made our point. I think we can declare victory without being smug and I think we can also appreciate the willingness of State's Attorney Birkett to do the right thing if his attention is focused on the problem. Now, do not rest. We must be vigilant. If you had not taken an active roll Mr. Horstman would have been rolled up in the juggernaut of the judicial system and spit into prison. Mr. Horstman still represents all gun owners and the hell he went through should never happen to another gun owner in this state. We will schedule a rally for Mr. Horstman soon so that you can meet him and hear his story first hand. Depending on what part of the OP visists how strictly the law is likely to be interpreted may change.
Oh c'mon. How many Pritchetts or (Hugo) Padillas could there really be? 
Just because the Mayor of the largest city in the state and the third largest in the country tells the media he's instructing his officers to disregard a properly passed federal law (HR218) orders the runways of an active airport bulldozed at O-dark-thirty on a Sunday morning without issuing a NOTAM, then spends $300,000 of taxpayer monies fighting a $30k fine spends however many hundreds of thousands of dollars to lose McDonald v. Chicago doesn't mean some LEs and SA's would arrest or charge people purely for political reasons, does it? 
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