Transporting Handguns into Illinois
- Thread starter bellyfat
- Start date
sig_man
New member
I have my handguns in a hardsided case, unloaded with no ammo or magazines in the case. The case is locked and packed on one side in the back of my SUV. The ammo is in another case, usually my range bag and packed on the opposite side in the back of my SUV - maybe a little too much, but rather be safe.
Go with what sig_man states. Boat anchored (locked up), unloaded, seperate from driver. If you do get pulled over they can not do anything if you follow those rules.
A few years ago a out of stater was arrested for having a firearm in his vehicle without a FOID card. The case went up the chain of courts and it came down that a carry/firearm permit from another state serves as the FOID card. The ruling was very good. Dont remeber what case it was though.
If you do get pulled over DO NOT show amy firearm identification unless asked. DO NOT volunteer any info about your firearms. Out of sight out of mind.
A few years ago a out of stater was arrested for having a firearm in his vehicle without a FOID card. The case went up the chain of courts and it came down that a carry/firearm permit from another state serves as the FOID card. The ruling was very good. Dont remeber what case it was though.
If you do get pulled over DO NOT show amy firearm identification unless asked. DO NOT volunteer any info about your firearms. Out of sight out of mind.
I live by the state line, and go to Bass Pro shops in IL alot. Before I cross the line , I put my firearm in a hidden compartment of my car. Yes I know that I should unload the gun but then again out of sight out of mind. "The Clinton" don't ask don't tell works for me.
Unless you have your firearm on your side , just keep a low pofile and you will do just fine ,I have My family with me and I don't think that I fit the profile that they are looking for during a traffic stop.I just act just as if no fire arm is around?, I mean really folks do you think the bad guys think about this stuff . I' m sure B/G out there that can keep a cool head and walkaway from a LEO stop as long as he ea
Unless you have your firearm on your side , just keep a low pofile and you will do just fine ,I have My family with me and I don't think that I fit the profile that they are looking for during a traffic stop.I just act just as if no fire arm is around?, I mean really folks do you think the bad guys think about this stuff . I' m sure B/G out there that can keep a cool head and walkaway from a LEO stop as long as he ea
Breezyflying
New member
I'm an Okie whin I travel in IL I separate my gun from the ammunition and lock in back of my SUV. An Okie friend of mine recently pulled over gave the HPO his CCP with his license. The HPO frowned and asked if he were carrying Drew replied he was and was asked to surrender his weapon. The HPO took the weapon to his vehicle and returned in a few minutes with an IL greeting (not sure if a traffic citation or warning)and the ammunition and weapon separated and asked Drew to secure in separate portions of the Vehicle. A very common sense solution. CUDOS to the HPO. I don't feel so lucky so first and last rest area before state line I separate and secure. When I fly (Private plane) through the state I never bring up the subject no one at the airports gets uptight about it.
The Illinois State Police offer a 2-page pamphlet on transporting firearms thru their state:
http://www.isp.state.il.us/docs/1-154.pdf
They address additional cautions, such as Municipalities that prohibit handguns, that MAY affect where and how one can keep their handgun with them while in the state. Their FAQ makes it appear less draconian than many expect.
http://www.isp.state.il.us/docs/1-154.pdf
They address additional cautions, such as Municipalities that prohibit handguns, that MAY affect where and how one can keep their handgun with them while in the state. Their FAQ makes it appear less draconian than many expect.
I recently transported my Ruger SR9C from Wisconsin to Missouri and had to go through IL for much of the trip. I researched it, and asked a few law enforcement people I knew that worked there. I unloaded and took the slide off and then stored it in my concealed carry fanny pack in a locked cabinet under the passenger seat. They said that more than meets their standards.
I know alot of people would just say to heck with their laws, but I just feel that since one of the arguements for concealed carry/handgun ownership (besides the 2nd amendment!) is that we are law-abiding citizens and can be trusted. Saying "I'm going to do it anyway" validates the arguement of the left that we are a bunch of "gun-toting vigilantes". This is particularly important for the people of Illinois who don't have this right. If people from out of state won't respect their state's laws, it will make the road for them much harder to get the laws changed to allow them their constitutional right.
Just a thought.
I know alot of people would just say to heck with their laws, but I just feel that since one of the arguements for concealed carry/handgun ownership (besides the 2nd amendment!) is that we are law-abiding citizens and can be trusted. Saying "I'm going to do it anyway" validates the arguement of the left that we are a bunch of "gun-toting vigilantes". This is particularly important for the people of Illinois who don't have this right. If people from out of state won't respect their state's laws, it will make the road for them much harder to get the laws changed to allow them their constitutional right.
Just a thought.
Nightmare45
NRA LIFE MEMBER
Although I at one time booked a conference in Chi town that state among others will never make a dime off of me.
m1gunr
New member
Note: The Illinois Supreme Court ruled on 10/8/2009 (Docket # 106367) that the Center Console of a vehicle was a
case and anyone with a FOID Card could carry an unloaded firearm in the closed Center Console. This applied to one
case and other laws also apply to carrying firearms in vehicles. I would use extreme caution when carrying firearms in
vehicles in Illinois. If you are a non resident of Illinois you do not have a FOID Card issued by the State of Illinois.
Those with a FOID Card can transport a firearm differently than those who do not. I would follow the wording in the
Q&A below. You can Read the IL Supreme Ct Decision Here:
http://www.handgunlaw.us/documents/ILSCRulingConsoleIsACase.pdf
I have also been informed that carrying a firearm in a center console would violate 520 ILCS 5/2.33 of the game
laws and is a minor non-criminal citation. This law is very specific on transporting firearms and has stood up in the
courts. If you are charged under the game law for not having a cased firearm you can not continue your journey with
it as you would still be breaking the law. The firearm will be taken and you will have to go to the authorities to get it
back.
This is from the IL State Police FAQ’s on Transporting Firearm through Illinois:
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 nonfunctioning 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 ina case.
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.”
How do the differences in these two laws affect me for the purposes of the Unlawful Use of Weapons law?
It is recommended that persons transport their firearms only unloaded and in a case in order to be fully compliant with
all statutes. A firearm transported in a container other than a case while engaged in activities covered by the Wildlife
Code could subject an individual to a charge of Class B Misdemeanor under the Wildlife Code, but would
not be considered Unlawful Use of Weapons if the container were a “firearm carrying box, shipping box, or other
container” as provided in the Criminal Code.
If I fail to zip up the case entirely, will I be guilty of a felony?
No, as long as the firearm is unloaded, and none of the aggravating factors of the Unlawful Use of Weapons law are
present. The way to avoid this situation is to make sure firearm cases are completely zipped or otherwise
completely fastened shut.
What is immediately accessible?
The test is if a reasonable person would conclude that the firearm is located within relatively quick reach. It is a Class
4 Felony to have an uncased, loaded firearm immediately accessible. It is recommended that firearms be unloaded and
enclosed in a case, and possessed by an individual with a valid FOID card when being transported.
case and anyone with a FOID Card could carry an unloaded firearm in the closed Center Console. This applied to one
case and other laws also apply to carrying firearms in vehicles. I would use extreme caution when carrying firearms in
vehicles in Illinois. If you are a non resident of Illinois you do not have a FOID Card issued by the State of Illinois.
Those with a FOID Card can transport a firearm differently than those who do not. I would follow the wording in the
Q&A below. You can Read the IL Supreme Ct Decision Here:
http://www.handgunlaw.us/documents/ILSCRulingConsoleIsACase.pdf
I have also been informed that carrying a firearm in a center console would violate 520 ILCS 5/2.33 of the game
laws and is a minor non-criminal citation. This law is very specific on transporting firearms and has stood up in the
courts. If you are charged under the game law for not having a cased firearm you can not continue your journey with
it as you would still be breaking the law. The firearm will be taken and you will have to go to the authorities to get it
back.
This is from the IL State Police FAQ’s on Transporting Firearm through Illinois:
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 nonfunctioning 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 ina case.
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.”
How do the differences in these two laws affect me for the purposes of the Unlawful Use of Weapons law?
It is recommended that persons transport their firearms only unloaded and in a case in order to be fully compliant with
all statutes. A firearm transported in a container other than a case while engaged in activities covered by the Wildlife
Code could subject an individual to a charge of Class B Misdemeanor under the Wildlife Code, but would
not be considered Unlawful Use of Weapons if the container were a “firearm carrying box, shipping box, or other
container” as provided in the Criminal Code.
If I fail to zip up the case entirely, will I be guilty of a felony?
No, as long as the firearm is unloaded, and none of the aggravating factors of the Unlawful Use of Weapons law are
present. The way to avoid this situation is to make sure firearm cases are completely zipped or otherwise
completely fastened shut.
What is immediately accessible?
The test is if a reasonable person would conclude that the firearm is located within relatively quick reach. It is a Class
4 Felony to have an uncased, loaded firearm immediately accessible. It is recommended that firearms be unloaded and
enclosed in a case, and possessed by an individual with a valid FOID card when being transported.
MRHancock
New member
Fanny Pack Law
Here is all you need to know.
Illinois Carry
There is now limited concealed carry in Illinois if you have a valid Firearm Owners ID Card.
What is Unlawful Use of Weapons?
Section 24-1 of the Criminal Code of 1961:
“(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 abode or fixed place of business any pistol, revolver, stun gun, taser or other firearm.” 720 ILCS 5/24-1(a)(4)(West 1994).
--------------------------------------------------------------------------------
Are there any exceptions?
Yes! The Code also provides for certain situations in which section 24-1(a)(4) does not apply. Section 24-2(i) provides:
“nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearms Owners Identification Card.” 720 ILCS 5/24-2(i)(West 1994).
And this excerpt from Public Act 91-0690 (Safe Neighborhoods Act 2000)
(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 or fixed place of business 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:
****
(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;
--------------------------------------------------------------------------------
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 transported:
1. Unloaded and,
2. Enclosed in a case, and
3. By persons who have a valid FOID card.
Source: Illinois State Police titled “Transport Your Gun Legally” – Commonly asked questions on transporting firearms. George H. Ryan, Governor; Illinois State Police, Sam W. Nolen, Director; Dept. of Natural Resources, Brent Manning, Director.
(Printed by the Authority of the State of Illinois, ISP Central Printing Section, ISP 1-154 [8-00] 70M).
--------------------------------------------------------------------------------
How do I take advantage of this law to increase my personal safety?
Purchase a concealed carry fanny pack and carry an unloaded gun with magazines at the ready in the compartment. You will be just “Six Seconds From Safety” as you can open the case and quickly lock and load your handgun should a use of lethal force situation arise. Not as good as a concealed carry law, but a lot better than it used to be!
For a purse, carry an unloaded gun with magazines in a container, case, or carrying box. Then place that inside your purse. Yep, you’re probably going to have to carry a large-sized purse to fit the container in it. Then again, some guns out there are small enough that the carrying case is the size of your hand, so you many not need a large purse after all.
--------------------------------------------------------------------------------
Okay, what are the particulars?
1. Obtain a valid Firearm Owners Identification Card (FOID) and carry it.
2. Obtain a fanny pack designed for concealed carry of a weapon. If you opt to carry a purse, obtain a purse large enough to hold your carrying case within it.
3. Put your UNLOADED gun in the fanny pack or purse along with loaded magazines
4. A letter explaining the law should be carried in the fanny pack/purse. This letter puts law enforcement on notice that you do not consent to search, tells them what your FOID number is, cites the law and has a space for your attorney’s name and phone number.
Download the letter in PDF format here: Illinois Concealed Carry Officer Letter
--------------------------------------------------------------------------------
Why should I carry the letter with me in the fanny pack/purse?
Should the police stop you they may not know the law. By having a copy of the laws with you the police are then knowledgeable of the law. If they continue to arrest you they may be sued personally for false arrest as they may no longer claim they were acting in “good faith.” Of course, the purpose of the letter is to prevent an arrest in the first place. Until the law is widely known in Illinois, some of the police will be acting on old information.
--------------------------------------------------------------------------------
I thought the ammunition had to be stored separately from the handgun?
This is a common myth as is the myth that the handgun has to be in a locked container or in your trunk. The law merely specifies “cased” with no mention as to ammo (see above). Further, the Illinois courts have ruled on this point definitively. Ammunition may be in the magazine as long as the magazine is not in the hand gun. See Illinois v. McDade.
--------------------------------------------------------------------------------
So far, all well and good, but is there some case law that back you up?
Check out the case of Illinois v. Brunner which categorically affirms the right to carry an unloaded, encased weapon. The relevant portion of the case is highlighted in bold text. Not only case carry the law in Illinois, but it is backed up by the courts. See Illinois v. Brunner
--------------------------------------------------------------------------------
Just to be sure, I’d like to read the act for myself.
Okay, click here:
Public Act 91-0690 of the 91st General Assembly
Here is all you need to know.
Illinois Carry
There is now limited concealed carry in Illinois if you have a valid Firearm Owners ID Card.
What is Unlawful Use of Weapons?
Section 24-1 of the Criminal Code of 1961:
“(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 abode or fixed place of business any pistol, revolver, stun gun, taser or other firearm.” 720 ILCS 5/24-1(a)(4)(West 1994).
--------------------------------------------------------------------------------
Are there any exceptions?
Yes! The Code also provides for certain situations in which section 24-1(a)(4) does not apply. Section 24-2(i) provides:
“nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearms Owners Identification Card.” 720 ILCS 5/24-2(i)(West 1994).
And this excerpt from Public Act 91-0690 (Safe Neighborhoods Act 2000)
(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 or fixed place of business 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:
****
(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;
--------------------------------------------------------------------------------
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 transported:
1. Unloaded and,
2. Enclosed in a case, and
3. By persons who have a valid FOID card.
Source: Illinois State Police titled “Transport Your Gun Legally” – Commonly asked questions on transporting firearms. George H. Ryan, Governor; Illinois State Police, Sam W. Nolen, Director; Dept. of Natural Resources, Brent Manning, Director.
(Printed by the Authority of the State of Illinois, ISP Central Printing Section, ISP 1-154 [8-00] 70M).
--------------------------------------------------------------------------------
How do I take advantage of this law to increase my personal safety?
Purchase a concealed carry fanny pack and carry an unloaded gun with magazines at the ready in the compartment. You will be just “Six Seconds From Safety” as you can open the case and quickly lock and load your handgun should a use of lethal force situation arise. Not as good as a concealed carry law, but a lot better than it used to be!
For a purse, carry an unloaded gun with magazines in a container, case, or carrying box. Then place that inside your purse. Yep, you’re probably going to have to carry a large-sized purse to fit the container in it. Then again, some guns out there are small enough that the carrying case is the size of your hand, so you many not need a large purse after all.
--------------------------------------------------------------------------------
Okay, what are the particulars?
1. Obtain a valid Firearm Owners Identification Card (FOID) and carry it.
2. Obtain a fanny pack designed for concealed carry of a weapon. If you opt to carry a purse, obtain a purse large enough to hold your carrying case within it.
3. Put your UNLOADED gun in the fanny pack or purse along with loaded magazines
4. A letter explaining the law should be carried in the fanny pack/purse. This letter puts law enforcement on notice that you do not consent to search, tells them what your FOID number is, cites the law and has a space for your attorney’s name and phone number.
Download the letter in PDF format here: Illinois Concealed Carry Officer Letter
--------------------------------------------------------------------------------
Why should I carry the letter with me in the fanny pack/purse?
Should the police stop you they may not know the law. By having a copy of the laws with you the police are then knowledgeable of the law. If they continue to arrest you they may be sued personally for false arrest as they may no longer claim they were acting in “good faith.” Of course, the purpose of the letter is to prevent an arrest in the first place. Until the law is widely known in Illinois, some of the police will be acting on old information.
--------------------------------------------------------------------------------
I thought the ammunition had to be stored separately from the handgun?
This is a common myth as is the myth that the handgun has to be in a locked container or in your trunk. The law merely specifies “cased” with no mention as to ammo (see above). Further, the Illinois courts have ruled on this point definitively. Ammunition may be in the magazine as long as the magazine is not in the hand gun. See Illinois v. McDade.
--------------------------------------------------------------------------------
So far, all well and good, but is there some case law that back you up?
Check out the case of Illinois v. Brunner which categorically affirms the right to carry an unloaded, encased weapon. The relevant portion of the case is highlighted in bold text. Not only case carry the law in Illinois, but it is backed up by the courts. See Illinois v. Brunner
--------------------------------------------------------------------------------
Just to be sure, I’d like to read the act for myself.
Okay, click here:
Public Act 91-0690 of the 91st General Assembly
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