Vehicle carry question

[10mm]

I recently read that we can carry a pistol (without case) in the glove box or center console with a loaded magazine next to it (not inserted)

Firstly is this true? If so, are there any specific clauses to it, like the glove box has to be locked or something?

 

[JohnD13]

This would depend on where you live, and where you are going. You can probably find an answer on this forum.

 

[10mm]

Let's say it's outside of Chicago and cook county in IL

 

[AvidshooterTX]

As others have pointed out in these forums the question is really "may you" rather than "can you"? It's a question of what the local, state and/or federal gov't will allow in each specific scenario. It is interesting to note that in order to challenge any law for constitutionality you must have "standing". This usually means that you must have run afoul of the law and be in jeapordy of jail time, fines, or both. So in order to overturn all these stupid laws we need good, upstanding citizens to do the right thing and violate them. That is, civil disobedience. Only then can the case be taken all the way to the Supremem Court. Of course, this means putting yourself in danger of jail time in order to support a principle - and being prepared for a long, legal battle and the attorney's fees. But our best chance to reverse these laws is for good people to challenge them - not some gang-banger with a rap sheet as long as his arm.

 

[10mm]

Good insight avidshooter. I hope to live long enough to one day see concealed carry in IL.

As far as my question I'm looking for a broad overview since every city and town has their own ordinance.

From my research the new law states the glove box and center console is a 'container' That would mean the pistol would not need it's own dedicated case to carry in the car from my understanding.

 

[Criztaztrophe]

from the AOJ classes I have taken - fire arm must be in a separate locked container from the ammunition. This is in all of Illinois, last info that I have had and it's about 3 months old.

 

[jgolden]

from the AOJ classes I have taken - fire arm must be in a separate locked container from the ammunition.

Not so.:no:

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

IS IT LEGAL TO HAVE AMMUNITION IN THE CASE WITH THE FIREARM?
Yes, as long as the firearm is unloaded and properly enclosed in a case.

WHAT CONSTITUTES A LEGAL “CASE” FOR TRANSPORTING A FIREARM?
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.”

In a unanimous opinion (written by a Chicago judge, no less), the Illinois Supreme Court in People v. Diggins No. 106367, has held:

"Section 24-1.6{c}{iii} of the Criminal Code of 1961 provides that a person is not guilty of aggravated unlawful use of a weapon if that weapon is “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.' 720 ILCS 5/24-1.6{c}{iii} (West 2006). In the case at bar, we are asked to determine whether the center console of a vehicle is a 'case' within the meaning of this provision. For the reasons that follow, we conclude that it is."

There is current legislation (HB00005) up for consideration that would change this to a case intended for carrying weapons.
Illinois General Assembly - Bill Status for HB0005

 

[Criztaztrophe]

Not so.:no:

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

IS IT LEGAL TO HAVE AMMUNITION IN THE CASE WITH THE FIREARM?
Yes, as long as the firearm is unloaded and properly enclosed in a case.

WHAT CONSTITUTES A LEGAL “CASE” FOR TRANSPORTING A FIREARM?
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.”

In a unanimous opinion (written by a Chicago judge, no less), the Illinois Supreme Court in People v. Diggins No. 106367, has held:

"Section 24-1.6{c}{iii} of the Criminal Code of 1961 provides that a person is not guilty of aggravated unlawful use of a weapon if that weapon is “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.' 720 ILCS 5/24-1.6{c}{iii} (West 2006). In the case at bar, we are asked to determine whether the center console of a vehicle is a 'case' within the meaning of this provision. For the reasons that follow, we conclude that it is."

There is current legislation (HB00005) up for consideration that would change this to a case intended for carrying weapons.
Illinois General Assembly - Bill Status for HB0005

I was just saying what I was told by an instructor who was also a police officer. Maybe I miss understood, or maybe he just isn't up to date. Thanks for clarity.

 

[theonlysharpshooter1]

I recently read that we can carry a pistol (without case) in the glove box or center console with a loaded magazine next to it (not inserted)

Firstly is this true? If so, are there any specific clauses to it, like the glove box has to be locked or something?

The best way to find out is go to Handgunlaw.us and click on map icon "Illinois" you will find the answer...
People doesn't live American dream in the State of Illinois... I hope this finds you well. Good luck!

 

[Hatchet]

since the Diggins case(2008?), the Illinois supreme court concluded that the center console is a console, and thus can be carried in unloaded. since then another case was brought up again and they ruled the same... yes local ordinance will take priority, but chicago would be the only place i wouldnt do this in. as the firearm is suppose to be in a non functioning state. and illinois is as non fuctioning state i know. i would look up the Diggins case

In a unanimous opinion (written by a Chicago judge, no less), the Illinois Supreme Court in People v. Diggins No. 106367, has held:

"Section 24-1.6{c}{iii} of the Criminal Code of 1961 provides that a person is not guilty of aggravated unlawful use of a weapon if that weapon is “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.' 720 ILCS 5/24-1.6{c}{iii} (West 2006). In the case at bar, we are asked to determine whether the center console of a vehicle is a 'case' within the meaning of this provision. For the reasons that follow, we conclude that it is."

Diggins - IllinoisCarry.com

has the pdf of the Diggins case

 

[mgttrmn]

that case law rilling applied to the criminal code o believe. in order to meet all three firearm transportation statutes, you must have it in a case designed for a gun as defined in the wild life code.

 

[operationcougar]

Im in the process of becoming an officer, and i container carry daily. Ive asked many officers and I have yet to come across an officer that has a problem with a law abiding citizen. Under the scenario that you are stopped by an officer and you keep the pistol in the glove box, inform the officer, and allow them to retrive your Identification or insurance papers out of the glove box, allowing them to do this will keep them from being scared when you open your glove box and see your firearm, as well as insuring to them that you have no intention of using the weapon for any purpose other than self defence.