Travel through Illinois


wizard

New member
I was just on the Illinois Attorney General website looking for anything on traveling through that state with firearms and they have nothing on their site about firearms. Nor were there any links. I know if I call the state patrol I am asking for trouble, as they probably do not know the laws for every county. I did leave a detailed message with the AG, so I hope they reply before I leave in April. I plan on traveling nonstop from rockford to E st louis, just so I limit the time I spend in this state. I will try and post what I get from the AG's office.
 

I too limit my time in Ill. for that reason. IF I stay overnight, my firearm is secured in a safe in my vehicle, sad but necessary! From my understanding at present, that's where it stays anytime I'm in that ungun friendly state. Hopefully things will change there soon.
 
As of about thirty days ago, Illinois has been given 180 Days to come up with a concealed carry permit law; I hope that they do not drag their feet in getting this done
 
Some of the Antis there are trying to ram thru a really onerous "MAY-ISSUE" law with all sorts of provisions to make (even may-issue) carry highly impractical.
 
Google FOPA for the law regarding travelling with your guns.
essentially the law says that as long as you follow the rules you can transit through any state regardless of their laws.
you must be passing through from a place where you are legal to possess the gun to a place where you are legally possessing the gun.
the rules are, no stopping! try to not even stop for gas or rest rooms. the gun must be in a locked box, ammo seperate from the weapon. the box must be inaccessible to the driver. follow the rules and you can pass through any state.
 
I was just on the Illinois Attorney General website looking for anything on traveling through that state with firearms and they have nothing on their site about firearms. Nor were there any links. I know if I call the state patrol I am asking for trouble, as they probably do not know the laws for every county. I did leave a detailed message with the AG, so I hope they reply before I leave in April. I plan on traveling nonstop from rockford to E st louis, just so I limit the time I spend in this state. I will try and post what I get from the AG's office.

Or, would you like the answer to your question instead of waiting for the AG's office?

Link Removed

If a non-resident is coming to Illinois to hunt and would like to bring their firearm, how do they legally transport it?

Non-residents must be legally eligible to possess or acquire firearms and ammunition in their state of residence. In order to comply with the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act, when transporting a firearm, it must be:

broken down in a non-functioning state; or
not immediately accessible; or
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.

For a list of other commonly asked questions on transporting firearms in Illinois, please refer to the Transport Your Firearm Legally brochure available on our website.

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.

http://www.isp.state.il.us/docs/1-154.pdf

IF A NON-RESIDENT IS VISITING ILLINOIS, HUNTING, OR TRAVELING THROUGH WITH A FIREARM, HOW DO THEY LEGALLY TRANSPORT IT?

Non-residents must be legally eligible to possess or acquire firearms and ammunition. Non residents are not required to have an Illinois FOID Card. It is recommended that in order to be in compliance with all statutes, non-residents transport all firearms:
1. broken down in a non-functioning state; or
2. not immediately accessible; or
3. unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

Which are basically the same requirements as FOPA, 18 USC 926A:

18 USC § 926A - Interstate transportation of firearms | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

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.
 
Respectfully, you might want to google FOPA and read it again.

respectfully there is no need to turn every thing into a pissing contest, while I am partially correct your response is partially wrong, ( I could have flipped the rights and wrongs )because it is contrary to this section of the law, 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
In addition if I am not mistaken FOPA supersedes any IL statutes

we can all split hairs and parse legalese

have a nice day
 
respectfully there is no need to turn every thing into a pissing contest, while I am partially correct your response is partially wrong, ( I could have flipped the rights and wrongs )because it is contrary to this section of the law, 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
In addition if I am not mistaken FOPA supersedes any IL statutes

we can all split hairs and parse legalese

have a nice day

So, posting correct, factual information with reference to the source is turning something into a pissing contest? Let me explain to you exactly why it is important to split hairs when dealing with the law. Let's take your advice, as you initially posted: "the gun must be in a locked box, ammo seperate from the weapon. the box must be inaccessible to the driver. follow the rules and you can pass through any state. " So, I lock the gun in the box, and toss the ammo in the glove compartment to separate it from the weapon. I get stopped by Joe Trooper in some state like New York, and when I retrieve my registration and insurance from the glove compartment, Joe Trooper sees the box of ammo in there. Joe Trooper asks me, you got a gun to go with that ammo there? Yes, sir, I have a pistol in a locked box under the passenger seat. I get prosecuted in New York for possession of a handgun without a license and I go to Federal court to get the conviction overturned based upon FOPA.

Guess what the judge is going to tell me? Sorry, NavyLCDR, but FOPA does not offer you any protection because FOPA requires, "during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible". Since the ammunition was readily accessible in the glove compartment, you violated the conditions in FOPA, and, therefore cannot use it as a defense.

Prosecutors will absolutely 100% split hairs to convict you, and if the letter of the law was not complied with, how do you think the judge will decide?

In this case, FOPA and Illinois law require exactly the same conditions for transporting a firearm through Illinois by a non-resident...so it doesn't matter which law supersedes the other. And, FOPA does not prohibit a state from convicting you from violating their laws - FOPA only provides a means to have that conviction overturned in a Federal court. But one must make sure they are complying with all those fine hairs that you say I want to split in the law in order to use it as a defense.
 
Hey guys, I didnt mean to cause such an argument! Play nice! I did hear from the AG's office. They directed me to a link for transporting firearms in Illinois. Basically they say you must have them, handgun or long gun, broken down into an inoperable state and not within reach of the driver or passengers. They do NOT stipulate keeping ammo in a seperate locked container, just that the firearm is broken down and in a case or container.

Thanks SR9 for the link to the NRA-ILA site, that was a good reference also. As I am not going anywhere near Chicago it should be an easy transit through Illinois. Thanks to everyone who has contributed. I thought about going around IL. but it just adds too many miles, so I will fully comply and not stop! It is only 301 miles, so that aint so bad, just a boring ride!! Maybe they will have some kind of CC before I travel.....20 days? probably NOT!
 
Hey guys, I didnt mean to cause such an argument! Play nice! I did hear from the AG's office. They directed me to a link for transporting firearms in Illinois. Basically they say you must have them, handgun or long gun, broken down into an inoperable state and not within reach of the driver or passengers. They do NOT stipulate keeping ammo in a seperate locked container, just that the firearm is broken down and in a case or container.

just like I said, even when you go to the government agency that has the power to prosecute you, you are given wrong info.
there is nothing in FOPA that mentions making the weapon inoperable. FOPA "trumps" any local regulation like this.
I am not turning this into a pissing contest and if it makes you feel more secure follow their advice but be advised their advice is wrong
 
Please be aware that we are standing on solid legal quicksand - CONGRESS and STATE LEGISLATURES have hundreds (if not thousands) of Bills before them that (if passed) will FUNDEMENTALLY CHANGE firearm laws across the nation, or at the very least within some States and Cities. Use utmost caution staying up to date on the effective date(s) of Laws within jurisdictions along your travel routes.
 
just like I said, even when you go to the government agency that has the power to prosecute you, you are given wrong info.
there is nothing in FOPA that mentions making the weapon inoperable. FOPA "trumps" any local regulation like this.
I am not turning this into a pissing contest and if it makes you feel more secure follow their advice but be advised their advice is wrong

So....are you arguing, or just posting facts so people can make informed decisions?

Hey guys, I didnt mean to cause such an argument! Play nice! I did hear from the AG's office. They directed me to a link for transporting firearms in Illinois. Basically they say you must have them, handgun or long gun, broken down into an inoperable state and not within reach of the driver or passengers. They do NOT stipulate keeping ammo in a seperate locked container, just that the firearm is broken down and in a case or container.
just like I said, even when you go to the government agency that has the power to prosecute you, you are given wrong info.
there is nothing in FOPA that mentions making the weapon inoperable.

apvbguy is right. AND not only is there noting in FOPA that mentions making the weapon inoperable, there is nothing in Illinois law that requires the firearm to be broken down AND in a case or container. Illinois state law says in 720 ILCS 5/24-1 in multiple places:

720 ILCS 5/ Criminal Code of 2012.

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;

except that this subsection (a) (10) 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;

Notice how the words "one of" and "or" are used in the statute and NOT "all of" and "and".

Take the magazine out of the gun. Eject the round from the chamber. Put the unloaded gun, loaded magazine (not in the gun), and any other ammo locked in the trunk of the car or in a locked case if your vehicle doesn't have a trunk and you have complied with both FOPA (Federal) and Illinois state laws.
 
To the OP: Even if they pass a CC law, it's very unlikey they would honor any out-of-state permits anyway, just as Maryland does not honor any others.
 
Going to paris next month ...illinois not france every state tween here (nc) and there honors my cc permit cept illinois.any place says i cant carry oc cc is a police state and a violation of 2nd amend. I wont put mine in a lock box n unloaded no matter where i go,

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Redneck050, To avoid spending lots of money and time sticking up for 2nd amendment rights in Illinois, my suggestion is not to tempt fate if you are staying over in that state. When passing through, you would likely have the law on your side, even though I have heard that in places like Chicago and New York they put you through the ringer to eventually let you off, but having to go there on the occasions you have to appear in court; Is it worth it?????
 
Wont be the first time ive done stoopid stuff to make a statement lol least wife will be with me to bail me out :)


Sent from my LG-LG730 using USA Carry mobile app
 

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