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

[The Keymaster]

The only thing Chicago gets to keep and upgrade is their assault weapons ban. That goes for any municipality that has the legislation in place before July 21. A lot of them are scrambling right now.

 

[mrortega]

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.

Be sure to do as I do; stop at several rest stops to use the toilet and give it a couple extra flushes. Don't buy anything in the state. If I'm going west I'll wait until I get into Missouri and then buy gas, eats, snacks, etc.

 

[danmdevries]

I would think to the letter of the law that you could exit your vehicle and refuel as long as you used CC at the pump. If asked to exit the vehicle by LEO, you should be fine (as long as you inform). It states leaving vehicle unattended. If I am refueling my vehicle, I'm not leaving it unattended. I don't want to be the test case for this, and IANAL but (if it wasn't IL) I couldn't see a conviction coming from those two proposed hypothetical issues.

 

[Captain Morgan]

I think the biggest thing people are missing is that the law says nothing prohibits non-residents from carrying "within" his or her vehicle. Yes, it does say that you must either lock the vehicle or lock the gun in a container if you leave your vehicle unnattended, but it states the gun must remain "within" the vehicle. This is why I'm curios if this applies to motorcyclists. What is this states definition of "within?"

 

[netsecurity]

Wow, so I can not be worried about Nazi police slapping me with a felony of I drive through? That's great, but what about all the legally licensed gun owners who have already been prosecuted during the period they were flaunting the constitution? I don't suppose they have any recourse, or any way to redeem themselves so that they aren't treated as felons until the day they die do they?

 

[mainjet]

I think the biggest thing people are missing is that the law says nothing prohibits non-residents from carrying "within" his or her vehicle. Yes, it does say that you must either lock the vehicle or lock the gun in a container if you leave your vehicle unnattended, but it states the gun must remain "within" the vehicle. This is why I'm curios if this applies to motorcyclists. What is this states definition of "within?"

"within" - that's it right there. You got it right IMHO. No getting out for gas and having the gun on you. You will be told by the police that you are no longer within your vehicle. I believe the "unattended" part refers to whether you need to lock the vehicle or lock the gun and not whether you can have it on you just outside the vehicle.
(e) Nothing in this Act shall prohibit a non-resident fromtransporting a concealed firearm within his or her vehicle inIllinois, if the concealed firearm remains within his or her vehicle and the non-resident


Obviously I am not a lawyer but I would think that a motorcycle is a vehicle and therefore you would be able to carry it on the bike as long as it remains concealed or mostly concealed even as your shirt blows up in the wind and may show your firearm. A motorcycle is a vehicle and as such you should be able to carry it on you as long as it is kept mostly out of sight. However, I would think on a motorcycle you may need to make a bigger attempt to conceal it from showing as your shirt blows around in order to keep from being strip searched by bubba in the jail.

Notice below that in carrying on your person (1) they say concealed or partially concealed. In (2) the say in carrying within a vehicle they only say "concealed". "partially" is now removed. So you can't carry it openly on the handle bars of the bike in a holster because it's not on you but "in" the vehicle. When carried on you it would need to be more fully concealed but some part of it may be visible.

1) carry a loaded or unloaded concealed firearm, fullyconcealed or partially concealed, on or about his or herperson; and
(2) keep or carry a loaded or unloaded concealedfirearm on or about his or her person within a vehicle.

 

[minuteman32]

I realize that there will be confusion & misinformation, intentional & otherwise, from the folks in IL regarding this, since it's all new to them, but I did call the IL State Police the other day. I wanted to know when the provisions regarding out of state residents took effect, specifically a Hoosier driving to/thru w/ an LTCH & pistol in their vehicle. I was told "180 days after it was signed". So, it would seem that per the ISP, one cannot carry in IL at all for about 6 months, just like it's been all along.
Anyone else have info from a reputable source that contradicts this? I'd kinda like to go to/thru IL sometime soon. Thanks.

 

[ryknoll3]

They are thinking of the non-resident licensing, which they have 180 days to implement.

Here's the last sentence of the bill:

Section 999. Effective date. This Act takes effect upon
becoming law.

Therefore, everything in the law becomes law as of the 9th, unless the statute specifically gives ISP more time. The only things in the law that give them more time are:
1. 60 days to lay down training requirements.
2. 180 days to come up with application and licensing procedure. They will have to start accepting applications after 180 days.
3. 90 days after they start accepting applications to issue licenses.

Everything else becomes law.

 

[KG1]

I realize that there will be confusion & misinformation, intentional & otherwise, from the folks in IL regarding this, since it's all new to them, but I did call the IL State Police the other day. I wanted to know when the provisions regarding out of state residents took effect, specifically a Hoosier driving to/thru w/ an LTCH & pistol in their vehicle. I was told "180 days after it was signed". So, it would seem that per the ISP, one cannot carry in IL at all for about 6 months, just like it's been all along.
Anyone else have info from a reputable source that contradicts this? I'd kinda like to go to/thru IL sometime soon. Thanks.

They are thinking of the non-resident licensing, which they have 180 days to implement.

Here's the last sentence of the bill:



Therefore, everything in the law becomes law as of the 9th, unless the statute specifically gives ISP more time. The only things in the law that give them more time are:
1. 60 days to lay down training requirements.
2. 180 days to come up with application and licensing procedure. They will have to start accepting applications after 180 days.
3. 90 days after they start accepting applications to issue licenses.

Everything else becomes law.

This is a potential problem point IMO. I think LE in Illinois needs to be up to speed on the differences between non-resident licensed carriers and non-resident carriers whom are permitted to CC in their vehicles without having a non-resident license.

Edit to add: You must be licensed to carry in your home state per the new legislation.

 

[melensdad]

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.

According to the PRIOR law it was actually very easy to drive through Illinois with a gun, in your glove box or armrest. It was NOT required to be locked in the truck.

Many people had strong misconceptions about Illinois transport laws. They were actually much more easy to comply with than Indiana's old transport laws.

 

[The Keymaster]

You don't HAVE to have a lock box. According to section 65, as long as it is completely out of sight in your LOCKED vehicle it is fine. They use the glove box, or console as examples. That being said, I will be installing a lock box under the passenger seat of my car.

 

[MadMan66]

I carried in Illinois for the first time today (in my vehicle). Had a wedding to attend, so I printed the Illinois Public Act and highlighted the section on non-residence to keep in my car. I was afraid I would forget I was carrying, as it feels natural, but I remembered and placed it in my glove box while at the ceremony and reception. Luckily, there is no need for me to stop within the borders of Illinois within the foreseeable future, so I wont have to leave it in my car... I hate doing that, and only do when it is absolutely necessary.

 

[J480]

i've been concealed carrying in the car since it took effect. i work in chicago so i went out and grabbed restrictive 10 round mags for my S&W. I also keep a copy of section 40 and the section 90 (preemtion) in the car. but wouldn't the section for preemtion allow me to carry the standard 14 round magazines?

 

[Butch627]

i've been concealed carrying in the car since it took effect. i work in chicago so i went out and grabbed restrictive 10 round mags for my S&W. I also keep a copy of section 40 and the section 90 (preemtion) in the car. but wouldn't the section for preemtion allow me to carry the standard 14 round magazines?

Im under the impression that the only thing that chicago has that is unique from Illinois law is the assault weapons ban. Id really hope some of the lawyers on the board would comment on that and if we are legal to have a loaded gun in the car at this time or if there is some possible waiting peorid that we are not aware of

 

[The Keymaster]

There is no restriction on magazine capacity, number of magazines one can carry, or number of guns one can carry in the current law. All handgun restrictions under Chicago law went out the window as of July 9th. The assault weapon ban remains and will likely be augmented.

 

[J480]

so are you thinking that if we are carrying the gun lawfully in the car and its loaded there may be a problem? such as a leo gettng an out of state individual for unlawful use of a weapon perhaps? I have yet to see anything in the bill about it,as it says concealed,loaded or unloaded.

 

[The Keymaster]

The law is very clear on the definition of a concealed firearm. The law is also very clear on one's ability to transport a concealed firearm in Illinois as long as one has a license pr permit to do so from another state. My concern is those LEO's in Illinois that will not have familiarized themselves with the new law. I fully expect to read about cases of persons legally carrying their concealed weapons within their vehicle, with the proper license or permit being detained, arrested, and incarcerated. That is why I am carrying the pertinent sections of the law in my vehicle.

 

[J480]

I'm thinking of printing up Indiana laws like 35.47.2 to also present to an Illinois Leo in case I ever get stopped. but I figure to just obey all traffic laws and never give them a reason to pull you over and we'll be good to go.

 

[LockStocksAndBarrel]

So if I go to Illinois and I stay in a hotel, my gun has to stay in the car in the parking lot.

 

[The Keymaster]

So if I go to Illinois and I stay in a hotel, my gun has to stay in the car in the parking lot.

According to Illinois law...yes. There may be something in Federal law that would cover a hotel room as your domicile. Hopefully someone else will help us with that.