Vacation packing

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  • sbrville

    Marksman
    Rating - 100%
    20   0   0
    Feb 4, 2011
    149
    18
    Rush Co
    So im planning a vacation hopefully this fall to WY. I would like to pack my .357 for protection on the way out there and for the bears and such. i see IL and NE have a problem with that. Can I legally transport a handgun through these states in any way? Locked in a case or something? thanks
     

    roscott

    Master
    Rating - 97.5%
    39   1   0
    Mar 1, 2009
    1,652
    83
    Ah, the great communist nation of Illinois...




    There will be some knowledgeable people along here in a moment that will clear up your questions.
     

    ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
    48
    You can transport your gun THROUGH such states, as long as the destination state honors our LTCH.

    Actually, you can transport a handgun through ANY state as long as the destination state allows possession of handguns without permits (could not go to New York or New Jersey, as an example). It doesn't have to honor LTCH. Now, if this is case, you can't carry, but you could still take the gun.

    To be legal, you need to the have the gun unloaded and in a case in the trunk of the car, or in the case of a vehicle without a trunk, the case has to be locked. Ammo does not have to be separate from the gun, but both have to be locked up if you don't have a trunk.

    Here's the text of the Federal statute:

    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
     

    Timjoebillybob

    Grandmaster
    Rating - 100%
    1   0   0
    Feb 27, 2009
    9,387
    149
    For IL it has to be unloaded and in an enclosed case, according to IL case law a glove box or center console qualifies. It does not need to be locked.

    NE open carry is legal, including in a car. But it must be visible. And localities can ban it.
    OpenCarry.org - State Information For Nebraska

    But I would check the actual state statutes if I were you.
    IANAL/TINLA
     

    04FXSTS

    Master
    Rating - 0%
    0   0   0
    Dec 31, 2010
    1,807
    129
    Eugene
    I can only speak for Illinois, gun must be unloaded, mags or speedloaders can be loaded and with the firearm as long as the gun is empty. Console carry is legal if unloaded but this is a recent Illinois Supreme court decision "People vs Diggens." You would probably be better off to have it in a case, it doesn't need to be locked, just unloaded. If you do decide to keep gun in the console make sure there is nothing; registration or insurance papers you would need to get out if stopped by a cop. NEVER volounteer that there is any kind of firearm in the car even if it is locked in the trunk. If you are asked about firearms, drugs or nuclear bombs the standard answer for many of us in Illinois is "there is nothing illegal in this vehicle." NEVER agree to a search of the vehicle, if you are ASKED the cop has no probable cause just "fishing." Refusal to allow a search is not grounds for probable cause.
    Fill your tank before you leave Indiana and try not to stop again for gas which will probably be the highest prices you will see. Watch your driving and speed you should have no reason to talk to a cop. Construction Zones may have hidden speed cameras and they will hit you hard for speeding. Construction zone speed limits are enforced even if no construction work is active even in wee hours of the nite. Hope that helps keep you safe and out of jail. Jim.
     

    schm00g13

    Plinker
    Rating - 100%
    2   0   0
    Dec 16, 2009
    56
    8
    I grew up in Illinois and I travel there most weekends. I always make sure that my rifles and handguns are unloaded and in cases. I also make sure that all ammunition is store in a separate container and that all magazines\speed loaders are empty. You can't be too careful as some downstate county deputies have a penchant for confiscating firearms. You are then faced with going to court to get them back. Some of you might scoff at this but I have witnessed this first hand. Also, if you know that you are in a state that has these draconian gun laws use some common sense and do NOT attract attention to yourself by speeding or engaging in any behavior that might attract the attention of law enforcement. A couple of the counties even have dogs that can "detect" the presence of firearms. I view this with some skepticism as I think that it is used as an excuse to violate your right to consent or refuse having your vehicle searched. Just my 2 cents worth.
     
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