Question about carrying in Illinois..

[Blakwing42]

As I understand it Illinois offers a sort of faux reciprocity.. That is.. You can carry as long as you keep your gun in your car.

But... And this is where I haven't been able to find much info.. What about Motorcycles? What happens when I suit up and ride to my friends house to collect them.. and then we ride up to Michigan? I'm in transit.. With no intention of getting off or stopping anywhere. There and back. How will this be addressed if I'm pulled over.. or if my shirt/jacket rides up and exposes my carry?

Does anyone have a definitive answer on this yet?

Thanks!!

 

[poppy]

Welcome to INGO!

 

[Blakwing42]

Welcome to INGO!

Thank you very much...

Been lurking for a while.. Figured that now was as good a time as any to step into the light.

 

[Butch627]

I work in Chicago every day and have closely followed every thread I have seen regarding the laws in Illinois. I haven't seen any discussions regarding motorcycles and I haven't read any mention of motorcycles in the new Illinois gun laws.

 

[Ruffnek]

Good question.I'd say that your best bet would be to contact Illinois State Police and ask them directly.Preferably via email so that you can have a hard copy of the response to show any potential officers that you may encounter.I love INGO,but even our great legal minds can only offer an interpretation of the law,which offers as many possible answers as there are hearts beating.If you want the true letter of the law,it's best to go straight to the source. to

 

[Jenn]

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:

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 by a person who has been issued a currently valid Firearm Owner’s Identification Card.

Firearm Owner's Frequently Asked Questions

^^^ found on this website.


Is it legal to have ammo in the case with the firearm?

Yes, so long as the firearm is unloaded and properly enclosed in a case.

 

[Ruffnek]

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:

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 by a person who has been issued a currently valid Firearm Owner’s Identification Card.

Firearm Owner's Frequently Asked Questions

^^^ found on this website.


Is it legal to have ammo in the case with the firearm?

Yes, so long as the firearm is unloaded and properly enclosed in a case.

Looked over that page before.Man their laws are truly sad!

 

[Jenn]

Looked over that page before.Man their laws are truly sad!

it's a good thing you live in Indiana and not Illinois then

 

[Ruffnek]

It is indeed.I truly feel sorry for our western neighbors.Just revisit this page any time someone complains about an Indiana gun law(this comment is directed inward as much as it is directed outward).

 

[Blakwing42]

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:

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 by a person who has been issued a currently valid Firearm Owner’s Identification Card.

Firearm Owner's Frequently Asked Questions

^^^ found on this website.


Is it legal to have ammo in the case with the firearm?

Yes, so long as the firearm is unloaded and properly enclosed in a case.

True.. And that's the way it always was in Illinois.. Then they passed their neutered version of CCW and added this somewhat vague nugget to the mix..

(e) 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, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; 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. (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) And I heard the ISP officials talking on the local news some time back about this specific section of the law. And what they clarified was that if you're carrying in your car you can drive in and all around Illinois. But if you leave your vehicle you need to disarm and secure your weapon within the vehicle. So now the confusion. If I can carry in my car while driving without issue.. What about on the motorcycle? As long as I followed the same rules about disarming before I left the vehicle..

 

[Hawkeye]

True.. And that's the way it always was in Illinois.. Then they passed their neutered version of CCW and added this somewhat vague nugget to the mix..

(e) 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, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; 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. (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) And I heard the ISP officials talking on the local news some time back about this specific section of the law. And what they clarified was that if you're carrying in your car you can drive in and all around Illinois. But if you leave your vehicle you need to disarm and secure your weapon within the vehicle. So now the confusion. If I can carry in my car while driving without issue.. What about on the motorcycle? As long as I followed the same rules about disarming before I left the vehicle..

Blakwing,

from the info you posted, the law does not seem to contemplate motorcycles. My concern is with the word "within". I'd hate to see you get jacked up by this. As someone noted above, I'd contact the Illinois State Police and or the Illinois Attorney General for their guidance on this.

 

[Ruffnek]

Blakwing,

from the info you posted, the law does not seem to contemplate motorcycles. My concern is with the word "within". I'd hate to see you get jacked up by this. As someone noted above, I'd contact the Illinois State Police and or the Illinois Attorney General for their guidance on this.

Precisely my thoughts."Within," that one little word could be twisted to serve the agenda of one of those dirty little...never mind...

The point I'm making is that it doesn't seem to be an uncommon practice for the antis to strengthen their argument on semantics alone.Last thing you want is to be a test case.

 

[04FXSTS]

Blakwing,

from the info you posted, the law does not seem to contemplate motorcycles. My concern is with the word "within". I'd hate to see you get jacked up by this. As someone noted above, I'd contact the Illinois State Police and or the Illinois Attorney General for their guidance on this.

Don't bother with the Illinois Attorney General, she won't give any kind of opinion on firearm issues. She is another total gun hater that tried her best to prevent the carry law from happening.
Now to address the origonal question and a darn fine question it is. I am an Illinois CCW instructor and also ride but this question hasn't come up in my classes because no one from Indiana can apply for a NR permit. What I do know is that a motorcycle is considered a vehicle in the CCW law and a handgun may be left in a locking saddlebag or in an attached locking container. My ride is a Harley Davidson Softail Springer with Leather saddlebags. My locking solution is a locking box that has the cable that will secure the locked saqfe to any secure object. Sentry Digital Portable Safe - 762780, Gun Safes at Sportsman's Guide That is the one I have and wrapped the cable around the frame and brought into the bag from the rear. This is basicly invisable and secure.
Knowing this what I would suggest and not being a lawyer would be to not carry on your person if loaded, if it is unloaded you could carry the handgun and ammo in a "fanny pack" or similar. If you place in a tank bag or tour pack or saddlebag in my opinion it can be loaded. If loaded and in a unlocked tour pack, lockable saddlebag or a lockable box like I use. when you get off the bike lock the bag or whatever you use.
Once again IANAL and this is unexplored territory so make your own decision at your own risk. I however do really believe you will be within the law using this method. Good luck and keep the rubber down. Jim.

 

[GodFearinGunTotin]

True.. And that's the way it always was in Illinois.. Then they passed their neutered version of CCW and added this somewhat vague nugget to the mix..

(e) 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, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; 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. (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) And I heard the ISP officials talking on the local news some time back about this specific section of the law. And what they clarified was that if you're carrying in your car you can drive in and all around Illinois. But if you leave your vehicle you need to disarm and secure your weapon within the vehicle. So now the confusion. If I can carry in my car while driving without issue.. What about on the motorcycle? As long as I followed the same rules about disarming before I left the vehicle..

They used to address this in the FAQ's on their state police site but it's all gone now. (this part of their law, not that it ever addressed motorcycle carry.)

 

[Blakwing42]

Don't bother with the Illinois Attorney General, she won't give any kind of opinion on firearm issues. She is another total gun hater that tried her best to prevent the carry law from happening.
Now to address the origonal question and a darn fine question it is. I am an Illinois CCW instructor and also ride but this question hasn't come up in my classes because no one from Indiana can apply for a NR permit. What I do know is that a motorcycle is considered a vehicle in the CCW law and a handgun may be left in a locking saddlebag or in an attached locking container. My ride is a Harley Davidson Softail Springer with Leather saddlebags. My locking solution is a locking box that has the cable that will secure the locked saqfe to any secure object. Sentry Digital Portable Safe - 762780, Gun Safes at Sportsman's Guide That is the one I have and wrapped the cable around the frame and brought into the bag from the rear. This is basicly invisable and secure.
Knowing this what I would suggest and not being a lawyer would be to not carry on your person if loaded, if it is unloaded you could carry the handgun and ammo in a "fanny pack" or similar. If you place in a tank bag or tour pack or saddlebag in my opinion it can be loaded. If loaded and in a unlocked tour pack, lockable saddlebag or a lockable box like I use. when you get off the bike lock the bag or whatever you use.
Once again IANAL and this is unexplored territory so make your own decision at your own risk. I however do really believe you will be within the law using this method. Good luck and keep the rubber down. Jim.

I have an email in to the ISP but haven't heard back from them yet and it's been a few days. I'm not even going to try Madigans office because I'm almost certain I'll be ignored, given the runaround, or be given incorrect or evasive info.

I ride a Triumph tiger with a set of hard mounted Pelican cases. So I can secure my firearm and lock them safely away.. Well.. As safe as any case attached to a bike is... And I'm not really worried about that as we don't spend much time in Illinois apart from gathering before heading out.

But, again, it would be nice to have a somewhat definitive answer to carry around with me which is why I brought this up. And I would think it would be a more common issue and that there would have been a lot of discussion around it but it's been hard to find these discussions.

So thanks all for the replies. Hopefully I'll get something more definitive from the ISP on this in the coming days. If so.. I'll share any info I get.

 

[ModernGunner]

So we're saying, riding an 'iron horse' in IL with an IN CCW or permit... ... the handgun holster slung over the handlebars and rifle scabbard strapped over the side covers is... a bad idea?

 

[Hawkeye]

So we're saying, riding an 'iron horse' in IL with an IN CCW or permit... ... the handgun holster slung over the handlebars and rifle scabbard strapped over the side covers is... a bad idea?

It would be ok if you had one of those nifty Concealed Carry Badges either on your belt or in a neck chain so you looked like you were a for real OPERATOR. INGO should really look into getting those made up for INGO members...

 

[Blakwing42]

Ok then.. Just got my official response back from the Illinois State Police web help folks.. And they essentially quoted the law back to me.

Non-Resident traveling through Illinois
Pursuant to 430 ILCS 66/40(e), “(e) 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, as evidenced by the possession of a
concealed carry license or permit issued by his or her state of residence,
if applicable; 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.
(Source: P.A. 98-63, eff. 7-9-13.)

Thank you,

Ok... I already knew that.. What about motorcycles specifically?
So.. A phone call later and I spoke with a very helpful person named Bobby there who clarified for me that indeed a Motorcycle is considered to be a "Vehicle" under Illinois law. So the mere act of traveling through the state you should not get you pulled over, thrown to the ground and tasered.
However. He did caution that it would be in your "best interests" to travel with the firearm cased or stowed. Because if/when you do stop.. You are very open and exposed and will be handling a gun in plain view of others.
People may misunderstand what they are seeing.. You may draw unwanted attention from them and ultimately the Police.

So.. There it is from the ISP.. Yes it is legal to travel while armed on your motorcycle and you're from out of state but be cautious.

 

[Butch627]

I wonder how far the definition of a vehicle will go. As a bicyclist I wonder if that will be covered? The difficulty of trying to keep the gun legal when getting on and off your motorcycle will be the biggest challenge as I see it. I wish you had that info in writing with the persons full name and title on it.

 

[mainjet]

BUT... If you don't have a way to put the gun in say saddle bags and you want to get gas and pay in cash, you must straddle the bike and push it into the gas station to pay for your gas. This way you never leave the vehicle unattended and you are not carrying a gun "outside" the vehicle.