Illinois Public Act 098-0063 Concealed Carry in Illinois Hoosiers Look Here!

[The Keymaster]

Illinois Public Act 098-0063 became law on July 9, 2013 with the override of the Quinn veto. I have pasted 2 excerpts from the new law below. It would seem as though anyone with a valid handgun license or permit from any state can now drive through Illinois with their firearm in their vehicle, or on their person. I have posted a link to the complete public act below. "Concealed firearm" means a loaded or unloaded handgun

carried on or about a person completely or mostly concealed

from view of the public or on or about a person within a

vehicle. Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident: (1) is not prohibited from owning or possessing a firearm under federal law; (2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence; and (3) is not in possession of a license under this Act. If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act. http://www.ilga.gov/legislation/publicacts/98/PDF/098-0063.pdf

 

[Jarhead77]

Waiting for the inevitable commentary...

 

[Bert]

makes you wonder how many days in jail a person will spend till all of IL. law enforcement officers learn of the new rules .

 

[Double T]

So no actual recipricocity? At least they know that people only want to drive through the God forsaken state

 

[Sigmachirev]

This is very good to know. thank you for posting

 

[The Keymaster]

So no actual recipricocity? At least they know that people only want to drive through the God forsaken state

Nope, no reciprocity. If you want, you can fork out $300.00 for an Illinois license. I won't be doing that. If I can carry in my vehicle going to and from work, that is all I need.

 

[The Keymaster]

makes you wonder how many days in jail a person will spend till all of IL. law enforcement officers learn of the new rules .

Hopefully I will not be the test case. I did print and highlight the sections of the law specific to this issue, and put them in my car along with my Indiana Firearms Law book, and assorted other case law that I have printed.

 

[kiddchaos]

Thank you, good to know.

I saw this on another other post in this INGO section.
http://www.handgunlaw.us/

 

[Captain Morgan]

It doesn't mention motorcycles. Hmmm. It's a vehicle. Mine has lockable, metal saddlebags that I can reach while still sitting on the bike...wonder if I'd be within the law if I ride through the state with a concealed firearm on my person. Hell, I can even fill up the bike without getting off of it, so technically I wouldn't be leaving my bike unattended and would still be "within" it. Hmmm

 

[MadMan66]

So no actual recipricocity? At least they know that people only want to drive through the God forsaken state

No kidding. My fiance is from Wisconsin and our wedding will be there as well, so we do a lot of driving through Illannoy. That state is only a highway to me. Luckily now I can carry while in the car as we pass through the state. I'll need to print out the code for reference if I'm ever stopped.

 

[The Keymaster]

There will be a lot of interpretations relative to this law. What if you are pulled over, and the LEO asks you to get out of the vehicle. Can he/she then arrest you for not having an Illinois concealed carry permit? What about stopping for fuel? What if you are involved in an accident, and your vehicle is not drivable? I'm sure there will be a lot more. It's Illinois so common sense cannot be factored in.

 

[wizard_of_ahs]

 

[kiddchaos]

It doesn't mention motorcycles. Hmmm. It's a vehicle. Mine has lockable, metal saddlebags that I can reach while still sitting on the bike...wonder if I'd be within the law if I ride through the state with a concealed firearm on my person. Hell, I can even fill up the bike without getting off of it, so technically I wouldn't be leaving my bike unattended and would still be "within" it. Hmmm

If it's secured (locked) in your saddlebag then I would believe you are good.
The officer would need probable cause (you are doing something illegal) to search your stuff.
I would say: I have nothing illegal, if asked about a gun.

 

[The Keymaster]

The key words are "within the vehicle". How those words will be interpreted is anyone's guess.

 

[jwh20]

It doesn't mention motorcycles. Hmmm. It's a vehicle. Mine has lockable, metal saddlebags that I can reach while still sitting on the bike...wonder if I'd be within the law if I ride through the state with a concealed firearm on my person. Hell, I can even fill up the bike without getting off of it, so technically I wouldn't be leaving my bike unattended and would still be "within" it. Hmmm

I believe a motorcycle is a "vehicle" according to IL law. So as long as you are "in" your motorcycle, you could have the gun in the saddlebag or on your person. The only rub seems to be if you LEAVE your vehicle unattended, you must lock the gun in the vehicle (i.e. your saddlebag).

If it were me (and it may be since I'm a motorcycle rider also) I'd be VERY discreet about this. I think I'd prefer to keep the gun on my person since that certainly seems to be permitted, but that attended/unattended thing leaves one of those "grey areas" where an overzealous LEO might be looking to pounce on you.

So my interpretation of this "ink is not even dry yet" statute, is that if you go through IL, DON'T STOP for gas or to take a leak and you are good to go!

 

[Captain Morgan]

If it's secured (locked) in your saddlebag then I would believe you are good.
The officer would need probable cause (you are doing something illegal) to search your stuff.
I would say: I have nothing illegal, if asked about a gun.

But I'm wondering about it being on my person while I'm riding, since I'm "within" the vehicle's space. As a side note, there is a "duty to inform" in this law, if you're asked by an officer about concealed weapons. The "nothing illegal" line will NOT WORK in IL.

 

[Captain Morgan]

I believe a motorcycle is a "vehicle" according to IL law. So as long as you are "in" your motorcycle, you could have the gun in the saddlebag or on your person. The only rub seems to be if you LEAVE your vehicle unattended, you must lock the gun in the vehicle (i.e. your saddlebag).

If it were me (and it may be since I'm a motorcycle rider also) I'd be VERY discreet about this. I think I'd prefer to keep the gun on my person since that certainly seems to be permitted, but that attended/unattended thing leaves one of those "grey areas" where an overzealous LEO might be looking to pounce on you.

So my interpretation of this "ink is not even dry yet" statute, is that if you go through IL, DON'T STOP for gas or to take a leak and you are good to go!

This is what I'm thinking, as well. I just hope I never find out I'm wrong. Lol. I live just a few miles from the border and am over there quite often because my fiancelives there, for now. Even after she moves in with me, her parents still live over there so I'll be returning quite often.

 

[Excalibur]

Well according to this law, I don't need to keep my gun in the trunk unloaded. I can keep a lock box in the front seat if I need to leave the car.

 

[jgreiner]

I believe a motorcycle is a "vehicle" according to IL law. So as long as you are "in" your motorcycle, you could have the gun in the saddlebag or on your person. The only rub seems to be if you LEAVE your vehicle unattended, you must lock the gun in the vehicle (i.e. your saddlebag).

If it were me (and it may be since I'm a motorcycle rider also) I'd be VERY discreet about this. I think I'd prefer to keep the gun on my person since that certainly seems to be permitted, but that attended/unattended thing leaves one of those "grey areas" where an overzealous LEO might be looking to pounce on you.

So my interpretation of this "ink is not even dry yet" statute, is that if you go through IL, DON'T STOP for gas or to take a leak and you are good to go!

Hmmmmm....this could be the start of a new business in IL....vehicle to vehicle refueling........

 

[GodFearinGunTotin]