Transport through Illinois

[sig_man]

If I travel through Illinois, and have my firearm(s) unloaded in a locked hard sided case in my suitcase (zippered shut), and the ammo (magazines as well) in a separate range bag that is also zippered closed and each is stowed on opposite sides in the back of an SUV, this is legal carry. Now, if I get stopped by a LEO for say going over the speed limit, do I need to inform (volunteer) that I an transporting a firearm(s), or say nothing until he asks specifically?

Thanks

 

[saferebel]

I can tell you what the Illinois State Police told me a few years ago when I was traveling from Texas to the communist sate of Illinois. They said if I was caught with a handgun in my possession, including my vehicle, it would at the very least be confiscated. They went on to tell me that if I were caught within the city limits of Chicago with a handgun (no matter what state it was in or where it was located) it is an automatic felony and I would be arrested. I believe that was true because I did some research on the subject in Illinois and their gun laws are very antiquated and anti-2nd Amendment. I hope that answers your question.

 

[NavyLCDR]

I can tell you what the Illinois State Police told me a few years ago when I was traveling from Texas to the communist sate of Illinois. They said if I was caught with a handgun in my possession, including my vehicle, it would at the very least be confiscated. They went on to tell me that if I were caught within the city limits of Chicago with a handgun (no matter what state it was in or where it was located) it is an automatic felony and I would be arrested. I believe that was true because I did some research on the subject in Illinois and their gun laws are very antiquated and anti-2nd Amendment. I hope that answers your question.

Cool. Hopefully someone will post what the real law is.

For example as a start:

http://www.law.cornell.edu/uscode/text/18/926A

18 USC § 926A - Interstate transportation of firearms
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.

Heck, even the Illinois State Patrol (who not are experts on the law) says this:
http://www.isp.state.il.us/foid/firearmsfaq.cfm

Non- residents must be legally eligible to possess or acquire firearms and ammunition in their state of residence. It is recommended that, in order to be in compliance with all statutes, non-residents transport all firearms:
Unloaded, and
Enclosed in a case, and
Not immediately accessible or broken down in a nonfunctioning state.

Is it legal to have ammunition in the case with the firearm?

Yes, so long as the firearm is unloaded and properly enclosed in a case.

and the applicable Illinois Statute:

http://www.ilga.gov/legislation/ilc...hapterID=53&SeqStart=65200000&SeqEnd=68300000
(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;

 

[skinnyb82]

As a resident of IL, I can tell you DO NOT drive through Chicago proper with any kind of gun in your car. Always know where you are because it's really easy to accidentally drive into Chicago without knowing it. I do not believe that it's legal for anyone (besides someone w/ an impossible to get Chicago permit or LEO) to possess a firearm in Chicago...period. So I'd just avoid Chicago like the plague. Other parts of IL...even though it says guns and mags can be in a case, I would advise separating them and also not keeping them in the cab of your vehicle. Lock them in the trunk, it's less of an opportunity for a LEO to give you **** depending on where you live (makes them not immediately accessible and unloaded and enclosed in a case). Other municipalities have gun bans as well, or mag limits (a couple of my pistols are illegal in several of the suburbs around Chicago), etc. I'm downstate so most of the LEOs and politicians are pro-2A. I've never been pulled over while transporting a firearm in IL (and in compliance with 720 ILCS 5/24-1) but I've heard some stories about people getting A LOT of **** from LEOs even though they've gone above and beyond complying with transportation requirements.

 

[Shoobee]

Well, rule #1 is don't break the speed laws. But that seems to be really hard for many many people.

Also, don't smoke dope while you are driving, or drink beers, at least outside of Texas.

And check all your automobile's lights to make sure the bulbs are working.

Then if a cop has no reason to pull you over, you should be fine.

Chicago's anti-gun laws won't survive long in the wake of Heller.

It's just a matter of someone forcing the issue in court.

http://www.supremecourt.gov/opinions/07pdf/07-290.pdf

 

[sourdough44]

I surely wouldn't expect my handgun to be confiscated if transported unloaded, cased, & away from the driver in IL. Maybe it all depends on the situation. It all starts with avoiding the stop in the 1st place though.

 

[Rhino]

I surely wouldn't expect my handgun to be confiscated if transported unloaded, cased, & away from the driver in IL.

Then don't go to Illinois. 18 USC § 926A only applies as an affirmative defense. It doesn't prevent you from being arrested, charged or taken to court. It is only used as a defense in court after all those things have happened, so it's unlikely you'll want to rely on it. The Illinois state statute also gives you no solace because Illinois does not have preemption. Any county, city or other governmental body lower than state level can pass and enforce whatever gun restrictions they want, and it's pretty much impossible for you to know what those restrictions will be while travelling across the state. Conclusion: Stay the hell out of Illinois.