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  1. #1
    Plinker redsuperduty's Avatar

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    I've gotta go to Communist occupied IL friday.

    I have a business trip to IL friday, I understand my LTCH is no good in that wasteland. Can I still take a pistol if it is secured in a case unloaded? I'm driving a p/u truck so it can't be in the trunk. Can ammo be in the case with the gun? What do you guys usually do?

  2. #2
    Plinker sianbrimons's Avatar

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    http://www.handgunlaw.us/states/illinois.pdf

    may not have what you need there, but opencarry.org is packed with good links and info

  3. #3
    Grandmaster DeadeyeChrista'sdad's Avatar

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    You have my sympathies. My brother in law hates it. Good 'ol city state Chicago. Making stupid laws for the rest of the state. Interestingly, the bangers IN Chicago seem to pay NO HEED to their draconian laws.... Hmmmmm......
    Beto is one of "Those" people that you hope to one day be able to throat punch.

  4. #4
    Expert NIFT's Avatar

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    Quote Originally Posted by redsuperduty View Post
    I have a business trip to IL friday, I understand my LTCH is no good in that wasteland. Can I still take a pistol if it is secured in a case unloaded? I'm driving a p/u truck so it can't be in the trunk. Can ammo be in the case with the gun? What do you guys usually do?
    Answers to your two questions: No, and No.
    If you are just driving through Illlinois, you may transport your gun, unloaded and locked in a case, inaccessible, etc., but if you stop somewhere (other than for food, gas, and so on) you violate Illinois law, and, I believe, it is a felony.
    Last edited by NIFT; 11-10-2010 at 19:01.
    Robert E. Aldridge, NRA Certified Instructor, website: iftnra.com

  5. #5
    Plinker redsuperduty's Avatar

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    Unhappy

    Quote Originally Posted by NIFT View Post
    Answers to your two questions: No, and No.
    If you are just driving through Illlinois, you may transport your gun, unloaded and locked in a case, inaccessible, etc., but if you stop somewhere (other than for food, gas, and so on) you violate Illinois law, and, I believe, it is a felony.
    WOW, IL sucks worse than I thought it did. I'm sure gonna feel nekkid friday!

  6. #6
    Grandmaster melensdad's Avatar

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    Quote Originally Posted by NIFT View Post
    Answers to your two questions: No, and No.
    If you are just driving through Illlinois, you may transport your gun, unloaded and locked in a case, inaccessible, etc., but if you stop somewhere (other than for food, gas, and so on) you violate Illinois law, and, I believe, it is a felony.
    You are actually wrong. In fact you are very very wrong. Your mistake is to assume that the federal law is the applicable law but Illinois does have its own transport law that can be applied.

    Here is a link to a public document (government publication) http://www.isp.state.il.us/docs/ptfire.pdf

    The applicable section from the above link:
    How can I legally transport a firearm on my person or in my vehicle?

    Three statutory codes regulate the possession, transfer, and transportation of firearms — the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act.

    Under Unlawful Use of Weapons (UUW) in the Criminal Code, persons who have been issued a valid FOID card may transport a firearm anywhere in their vehicle or on their person as long as the firearm is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container. Firearms that are not immediately accessible or are broken down in a non-functioning state may also be carried or transported under the Criminal Code.

    The Wildlife Code, however, is more restrictive. It requires that all firearms transported in or on any vehicle be unloaded and in a case.

    Because of this, it is recommended that, in order to be in compliance with all statutes, all firearms be transported:
    1. Unloaded and,
    2. Enclosed in a case, and
    3. By persons who have a valid FOID card.

    Unless specifically exempted from UUW, a person commits a Class 4 Felony if he or she violates the UUW law in the Criminal Code (i.e., unlawfully carries on their person or illegally transports a firearm in a vehicle) AND one or more of the following aggravating factors apply:

    (1) The firearm possessed was uncased, loaded, and immediately accessible at the time of the offense;
    (2) The firearm possessed was uncased, unloaded, and the ammunition for the weapon was immediatelyaccessible at the time of the offense;
    (3) Does not have a valid FOID card;
    (4) Was previously adjudicated of a felony as a juvenile;
    (5) Was engaged in a misdemeanor violation of the Cannabis Control Act or the Controlled Substances Act;
    (6) Is a member of a street gang;
    (7) Has had an order of protection against them in the last two years;
    (8 ) Was engaged in the commission or attempted commission of a misdemeanor involving the use of violence against another person or the property of another; or
    (9) Is under 21 years of age and in possession of a handgun, unless the person is engaged in hunting activities under the Wildlife Code.

    What constitutes a legal “case”?

    The Criminal Code refers to a “case, firearm carrying 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.”

    How do the differences in these two laws affect me for the purposes of the Unlawful Use of Weapons law?

    It is recommended that persons transport their firearms only unloaded and in a case in order to be fully compliant with all statutes. A firearm transported in a container other than a case while engaged in activities covered by the Wildlife Code could subject an individual to a charge of Class B Misdemeanor under the Wildlife Code but would not be considered Unlawful Use of Weapons if the container were a “firearm carrying box, shipping box, or other container” as provided in the Criminal Code.

    HOWEVER you must also be aware of CITY CODES that may be more restrictive.

    FWIW, I travel into ILLINOIS almost every day, usually twice a day, and I travel with a gun (or two) in the car when I cross over the state line. I do not want to become a test case in their court system, I do my best to comply with the laws and I try to be wary of restrictive city codes like the Chicago codes.

  7. #7
    Plinker

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    From the Illinois State Police site, scroll down about 2/3, Non-resident transport is addressed.

    A recent court case in IL found that a center console constituted a "case" under Illinois Statutes, but as a non-res, I wouldn't push it. Not all LEO's are aware of the court case. (People of Illinois vs. Diggens) If I were you, I'd be unloaded, enclosed in a case and under/behind the seat or in the glove box. According to the site, ammo can be in the same case, even in a magazine as long as the mag is NOT in the gun.

    We're working on changing the law here, but the recent gubernatorial election won by the "entitlement crowd" in Chicago, E. St. Louis and Cairo have made it a little more difficult.

  8. #8
    Expert NIFT's Avatar

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    I am not aware that a non-resident of Illinois can procure the required Illinois FOID card, but, perhaps, it is possible.

    Regardless, the "safe passage" provision of the Firearm Owners Protection Act (FOPA) of 1986 does provide that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.

    Consequently, I will continue to recommend that non-residents of Illinois not take handguns into Illinois, unless just "passing through."
    Last edited by NIFT; 11-10-2010 at 22:34.
    Robert E. Aldridge, NRA Certified Instructor, website: iftnra.com

  9. #9
    Plinker radar8756's Avatar

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    1. Unloaded and,
    2. Enclosed in a case, and
    3. By persons who have a valid FOID card.

    I looked on the FOID application page and they are only available to IL residents .... but on the FOID FAQ page it had this about Non-Resident's

    Firearm Owner's Frequently Asked Questions

    If a non-resident is coming to Illinois to hunt and would like to bring their firearm, how do they legally transport it?

    Non- residents must be legally eligible to possess or acquire firearms and ammunition in their state of residence. It is recommended that, in order to be in compliance with all statutes, non-residents transport all firearms:
    1. Unloaded, and
    2. Enclosed in a case, and
    3. Not immediately accessible or broken down in a nonfunctioning state.


    Is it legal to have ammunition in the case with the firearm?
    Yes, so long as the firearm is unloaded and properly enclosed in a case.

    I have a friend/relative who has a "conceal and carry" permit issued in the state in which they reside. Is the permit recognized in Illinois?
    No. Non-residents are subject to Illinois law, restrictions, and penalties, and should be familiar with them if the non-resident plans to bring a firearm into the state of Illinois.
    Any day your NOT in JAIL ... is a GOOD Day

  10. #10
    Grandmaster melensdad's Avatar

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    ...I will continue to recommend that non-residents of Illinois not take guns into Illinois...
    NIFT, being a non-resident you don't need an ILL FOID card and in fact you cannot attain one. Further, the FOPA act does NOT apply to the situation posed by the original poster in the scenario he proposes. He's not traveling through the state, he is traveling to the state, and not staying in the state (as in staying in a hotel room). That said it would be difficult to use the FOPA law for much of his travel.

    As for your recommendation, I understand what you are saying but I've consulted lawyers and they suggest that your recommendation is simply wrong. Even the ISRA suggests that you are wrong.


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