Transporting a Handgun in Illinois

[OWGEM]

I know the issue of carrying in IL has been raised before with the censuses being that an Indiana LTCH holder must unload and encase his weapon to be legal while traveling in IL. I recently downloaded a .pdf from the IL State Police (http://www.isp.state.il.us/docs/1-154.pdf) entitled...

Transport Your Firearm Legally
Commonly Asked Questions
On Transporting Firearms in Illinois

In this Boucher is a section on non-residents...
---------------------
"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."
-------------------------

It seems to read one can simply have his weapon "not immediately accessible" rather than unloaded and encased.

My questions are, is a loaded handgun stowed in the trunk/rear compartment of a SUV legal in IL? Do I have to unload when entering and reload when exiting IL?

 

[KW730]

Everything I have read states that it must be unloaded, but now I'm not so sure after reading that.

 

[OWGEM]

OK I just emailed the IL State Police, we will see what they say.

 

[Sylvain]

OK I just emailed the IL State Police, we will see what they say.

Why asking the police about the law instead of a lawyer?

We had some cases of police officers who told people it was illegal to OC in Indiana.Either they didn't know it was legal or they didn't like the idea and told people it was illegal.
Either way police officers are not lawyers.

 

[OWGEM]

I contacted the State Police because in the pamphlet it said questions should be directed to them. We'll see.

 

[minuteman32]

When I transported my Glock through IL I took the mag out, round out of chamber, upper off lower, all in a 'bag' & under my seat. It was "unloaded, disassembled & not readily accessible" but I could have it out, assembled & loaded w/in about 15 seconds.

 

[Hammerhead]

You do not have to completely disassemble your firearm.

There have been court cases in IL that establish this:

You can unload and remove the magazine from the firearm, and keep it in your arm rest, console, or glove box while driving through. Any other container will suffice (i.e. a go bag or even *shudder* a fanny pack). It can be accessable to the driver. IN residents are not eligible to receive an IL FOID card and as such are not required to have one. As a traveler in IL and an IN resident, your IN LTCH is acceptable.

Shortly, they will have concealed carry laws. Hopefully, they'll be smart enough to put reciprocity in there thanks to that court case.

 

[smalltime33]

I am a current Illinois resident, formerly of Columbus.

I see the questioning of number 2 above. I had not even thought about that scenario. From my understanding most Illinois residents that do carry, carry the gun in a small fanny pack or backpack with the gun empty and the magazines full. You could even have the slide back and ready for the first round from the magazine.

Now as far as it being in the trunk, you could still be in violation of the Wildlife Code. Here is a discussion of this same topic:

Transporting loaded gun in your trunk - Illinois Politics - IllinoisCarry.com

Steve

 

[OWGEM]

Thanks smalltime, that is helpful. It then appears that having a loaded handgun in the trunk is legal, but not well enough known that there could still be issues with LEO. So the other option is unloaded and encased in console/glove compartment or backpack/fanny pack which is in fact more accessible.

You state the magazine can be full, and imply that it too can be in the console/glove compartment or backpack/fanny pack. To be clear, is that the case, the full magazine can be kept with the unloaded firearm in whatever case?

 

[Amsdorf]

I live across the river from the People's Republic of Illinois and I can tell you that they are VERY strict.

Make sure your handgun is stowed in a solid container apart from ammo and do NOT have it loaded.

 

[melensdad]

I live across the river from the People's Republic of Illinois and I can tell you that they are VERY strict.

Make sure your handgun is stowed in a solid container apart from ammo and do NOT have it loaded.

THIS IS PURE AND TOTAL B.S.

You just listed the Federal transport requirements. As he is not traveling through the state, but simply going over the state line and then returning, I don't know that the interstate transport rules would apply.

However the ILLINOIS LAWS would apply and, contrary to most misinformation, Illinois is actually a pretty easy state in which to comply with their transport laws.

Unload the gun. Put the gun in your glovebox, put the loaded magazine into the glovebox NEXT TO, but NOT inside the gun. Close the glovebox. You are now legal. You can also transport unloaded in a gun box, gun case, gun pouch, etc. If it is in the trunk it should be in a box, case, pouch, etc. The magazine can be loaded, but it can NOT be inside the gun. Chamber must ALWAYS be empty.

Court Case information => https://www.indianagunowners.com/fo...rt_allows_nonresidents_to_transport_guns.html

Thread where it clearly shows the legality of traveling inside IL with a gun => https://www.indianagunowners.com/fo...gotta_go_to_communist_occupied_il_friday.html

Actual court ruling in Illinois => http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf

I travel in Illinios almost every day with a gun. Read the above court case, print it out if you want, carry it with your gun into Illinois in case you are stopped for any reason.

Thanks smalltime, that is helpful. It then appears that having a loaded handgun in the trunk is legal, but not well enough known that there could still be issues with LEO. So the other option is unloaded and encased in console/glove compartment or backpack/fanny pack which is in fact more accessible.

You state the magazine can be full, and imply that it too can be in the console/glove compartment or backpack/fanny pack. To be clear, is that the case, the full magazine can be kept with the unloaded firearm in whatever case?

Yes, he told you the truth about "Fanny Pack" carry, the gun & magazine both can be in the pack, but the gun must be unloaded. That carry method is called "6 seconds to safety" and is legal in Illinois. However in every case where I know of it has led to the arrest of the individual and the confiscation of the firearm . . . only to have the police apologize later and return the gun. So if you carry that way you should be prepared to be hassled and you should print out the court cases that show it to be legal so you can save a lot of grief.

As for gun and magazine in your glove box, again, totally legal as long as the magazine is out of the gun.

 

[OWGEM]

Thanks melensdad. And everyone else. I was hoping to avoid having to unload and load for safety reasons. Looks like unloaded in the glove box along with the mag.

Hopefully the upcoming carry laws will ease the IL to IN transition and back. I will post the response from the IL State Police once I get it.

Again thanks to everyone!

 

[grogie]

^^Geez... I just looked at some of those links and I think I need a lawyer!

Really, good to know as I do drive through IL yearly on my way out west for camping.

 

[Titanium_Frost]

So you took the time to research the subject and STILL posted a new thread? For God's sake there are two dozen threads about this EXACT same thing

 

[jedi]

THIS IS PURE AND TOTAL B.S.

You just listed the Federal transport requirements. As he is not traveling through the state, but simply going over the state line and then returning, I don't know that the interstate transport rules would apply.

However the ILLINOIS LAWS would apply and, contrary to most misinformation, Illinois is actually a pretty easy state in which to comply with their transport laws.

Unload the gun. Put the gun in your glovebox, put the loaded magazine into the glovebox NEXT TO, but NOT inside the gun. Close the glovebox. You are now legal. You can also transport unloaded in a gun box, gun case, gun pouch, etc. If it is in the trunk it should be in a box, case, pouch, etc. The magazine can be loaded, but it can NOT be inside the gun. Chamber must ALWAYS be empty.

Court Case information => https://www.indianagunowners.com/fo...rt_allows_nonresidents_to_transport_guns.html

Thread where it clearly shows the legality of traveling inside IL with a gun => https://www.indianagunowners.com/fo...gotta_go_to_communist_occupied_il_friday.html

Actual court ruling in Illinois => http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf

I travel in Illinios almost every day with a gun. Read the above court case, print it out if you want, carry it with your gun into Illinois in case you are stopped for any reason.







Yes, he told you the truth about "Fanny Pack" carry, the gun & magazine both can be in the pack, but the gun must be unloaded. That carry method is called "6 seconds to safety" and is legal in Illinois. However in every case where I know of it has led to the arrest of the individual and the confiscation of the firearm . . . only to have the police apologize later and return the gun. So if you carry that way you should be prepared to be hassled and you should print out the court cases that show it to be legal so you can save a lot of grief.

As for gun and magazine in your glove box, again, totally legal as long as the magazine is out of the gun.

^ This with one major exception

THE ABOVE DOES NOT WORK IN THE CITY OF CHICAGO AND THE COUNTY OF COOK, ILLINOIS WHERE THE CITY OF CHICAGO IS LOCATED.

IL also it's local governments to make stricter laws than what state law is and Cook County and the City of Chicago have a no guns ordiance in place. So you CANNOT AS OF 01-01-2013 carry your handgun (OC or CC) within the City of Chicago.

Now the recent federal court case has tossed this ordiance out the window and IL has 180 days to get some type of CC law on the books or else there will be no law (ie. OC/CC will be allowed with no restrictions).

That DOES NOT go into effect yet so for the time being STAY OUTSIDE OF CHICAGO.

 

[OWGEM]

The earlier posts I searched did not address my specific question. And with 340 views it seems others are interested as well.

So you took the time to research the subject and STILL posted a new thread? For God's sake there are two dozen threads about this EXACT same thing

 

[Titanium_Frost]

The earlier posts I searched did not address my specific question. And with 340 views it seems others are interested as well.

Many people stop to watch a car wreck too

There has been no new information in this thread compared to the others. Don't rely on the ISP FAQ as it does not hold the weight of law.

(yep, that's 4 cents worth)

 

[OWGEM]

Many people stop to watch a car wreck too

Probably the reason for the high view counts on the "OC'er arrested" posts.

 

[Butch627]

^ This with one major exception

THE ABOVE DOES NOT WORK IN THE CITY OF CHICAGO AND THE COUNTY OF COOK, ILLINOIS WHERE THE CITY OF CHICAGO IS LOCATED.

IL also it's local governments to make stricter laws than what state law is and Cook County and the City of Chicago have a no guns ordiance in place. So you CANNOT AS OF 01-01-2013 carry your handgun (OC or CC) within the City of Chicago.

Now the recent federal court case has tossed this ordiance out the window and IL has 180 days to get some type of CC law on the books or else there will be no law (ie. OC/CC will be allowed with no restrictions).

That DOES NOT go into effect yet so for the time being STAY OUTSIDE OF CHICAGO.

http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf
Im kind of confused. Lenord Holmes was arrested on 115th st in Chicago. How is it that he was exonerated for a violation that happened in chicago yet you still can't have a gun in your car?

 

[Titanium_Frost]

Probably the reason for the high view counts on the "OC'er arrested" posts.

I like to think of it as learning from others. I'm happy to help