Driving through Illinois

[mrortega]

I have to take back some of the horrible things I've said about Illinois lately. We're driving through there tomorrow on our way to Iowa. After a little research and downloading of Ill Supreme Court cases I found that you can have an unloaded pistol in a glove compartment or closed center counsel of your vehicle and even have a loaded magazine in close proximity and it is legal as long as you have your FOID (for the poor, screwed b******s who live in that God-forsaken state) or a valid carry license from your resident state for the free people in the rest of the US. It doesn't even have to be in a case because the Ill SC has ruled that the closed compartment meets the definition of "encased.
So I'll merely keep my G27 unloaded in the closed center hump of our van and a loaded mag in the door well. I didn't know this until a little research starting the other night. I used to keep it in a locked case in the rear floor compartment with the ammo in another locked case farther back. I wasn't comfortable with that, especially coming back from out West and passing through the state late at night. Just for y'all's general knowledge

 

[Leo]

The Illinois Statues for peacable transport requires that the firearm be unloaded locked seperately in a case and stowed where it is not accessable to the driver. Vans and SUV's get tricky to qualify to this specification. Of course, this leaves you a sitting duck for a bad guy. Carrying like you mention, leaves you a sitting duck for a police officer. There are many in the Illinios peace officer ranks that consider an NRA sticker or pro gun bumper stickers probable cause for a search and seizure. Commie state run by crooks, Be careful either way.

 

[04FXSTS]

Being from Illinois and living with the laws here on a daily basis, you are both a little bit wrong. The peaceful transport refered to by Leo is the federal version of law, not Illinois law. As strange as it might seem a glove compartment is not considered a case but a center console is. This is the ruling in People vs. Diggins and it only involved the center console.
I don't know about the northern part of the state but the central part should be no problem with NRA type stickers. I have them all over my truck and have never had a problem, of course I am always careful to follow traffic laws very closley. Do that and you should not have a problem at least in the more free part of the state. If you are ever stopped, NEVER volounteer there is a firearm in the vehicle, don't lie but never volounteer. Have a safe journey, Jim.

 

[mrortega]

Sorry fellas it is as stated in my OP. In McDade vs Illinois (October 28, 2009) the appellate court reversed the conviction of Richard McDade. His unloaded pistol was in a zipped case in his glove compartment. He had a 7 round magazine in his pocket. In an Illinois supreme court ruling, The People of the State of Illinois, Appellee, v. Leonard Holmes, JR, Appellant, (April 7, 2011) a closed compartment between the two rear seats was deemed to be in keeping with the law that the unloaded weapon was encased. They went further and ruled also that a valid carry permit from Holmes state (Indiana) satisfied the requirement that in lieu of a FOID, required for Ill residents, the license sufficed AS PLAINLY STATED IN THE FOID LAW!! (The really irritating things were the twisted reasoning used by the trial and appellate courts in both cases to nail the citizen.) So my original post is accurate. 04FXSTS, good luck in your fight for good gun laws.

 

[halfmileharry]

I went to school in Chicago to finish up a degree and I'll have to say I did NOT take a firearm in that state. I was never so happy to get out of that state finally and will NEVER go back. I drove a lifted Jeep (clean and shiny vehicle) and was hassled 4 times in 6 months including searches of my vehicle.
I will NEVER spend another penny in that state and will go out of my way IF/When I travel west of there again. I'm sure I was targeted due to out of state plates and the vehicle I drove.
Follow the letter of the law to extremes and take NO chances there.
Fill up and take care of all needs in Indiana and travel straight through Illinois without stopping for anything. Take my advice on this one.

 

[mrortega]

I usually just flush the toilets in rest stops between Evansville and St. Louis. Then I reload, gas up and get food in Missouri.

 

[Carmelbythecorn]

It the (you know what) hits the fan in this country, the place you DO NOT want to be is IL!!

 

[mrortega]

The wife and I came back from our trip through parts of Iowa and Missouri today and yesterday I was weakening on my Illinois stance and thought maybe we could stop in Mt. Vernon, IL for a Cracker Barrel or Bob Evans because the time would work out right for lunch. Then the shooting happened in Carson City, Nevada and I decided I wasn't going to go anywhere where I couldn't legally carry and be a sitting duck. So because of your laws, O Illinois, you lost a $20 tab plus $3 tip. Not much but they add up.

 

[FN USA]

I work on the Indiana/ Illinois border and hear stories all the time. I just tell everyone that they should always play it safe and keep gun/ ammo separate and unloaded. Not all Illinois cops like the new rules.

 

[s2k2k4]

I'm with you FN USA, I'm in Terre Haute too and end up over by Champaign IL probably once or twice a month when its not freezing. I just leave my guns at home though that is partially to the fact that I'm going to an active airport and can't bring mine with m. :\

 

[jgreiner]

The wife and I came back from our trip through parts of Iowa and Missouri today and yesterday I was weakening on my Illinois stance and thought maybe we could stop in Mt. Vernon, IL for a Cracker Barrel or Bob Evans because the time would work out right for lunch. Then the shooting happened in Carson City, Nevada and I decided I wasn't going to go anywhere where I couldn't legally carry and be a sitting duck. So because of your laws, O Illinois, you lost a $20 tab plus $3 tip. Not much but they add up.

I am the same way. We travel back to Iowa and to Kansas every so often...and when we do, we fill up with food and gas BEFORE we enter Illinois. I refuse to give that state one damn dime.

 

[Cool Hand Luke]

Anytime I have to travel through Communist Occupied Illinois I just hide my pistol.

"Do I have your consent to search your vehicle?"

Absolutely not.

Problem solved.

 

[7urtle]

I work on the Indiana/ Illinois border and hear stories all the time. I just tell everyone that they should always play it safe and keep gun/ ammo separate and unloaded. Not all Illinois cops like the new rules.

can you carry the bullets in your pocket. i work in chicago and visit the burbs

I went to school in Chicago to finish up a degree and I'll have to say I did NOT take a firearm in that state. I was never so happy to get out of that state finally and will NEVER go back. I drove a lifted Jeep (clean and shiny vehicle) and was hassled 4 times in 6 months including searches of my vehicle.
I will NEVER spend another penny in that state and will go out of my way IF/When I travel west of there again. I'm sure I was targeted due to out of state plates and the vehicle I drove.
Follow the letter of the law to extremes and take NO chances there.
Fill up and take care of all needs in Indiana and travel straight through Illinois without stopping for anything. Take my advice on this one.

i have never been bothered and i drive

 

[mrortega]

can you carry the bullets in your pocket. i work in chicago and visit the burbs



i have never been bothered and i drive

Google up the cases I cited. One of them has to do with a traffic stop in chicago. I think it's the one where the Ill SC also ruled that the dude's Indiana carry license was good in lieu of a FOID. If it is legal to transport according to the ruling in chicago it is good anywhere in The Land of Leaches. With it being legal to have it simply in a center closed console and unloaded with a loaded magazine in your pocket there is no reason to hide a loaded one and try to play hide and seek with the cops. You can retrieve and load it in just a few seconds. It may even be faster than trying to draw from a holster while your buckled up.

 

[melensdad]

I have to take back some of the horrible things I've said about Illinois lately. We're driving through there tomorrow on our way to Iowa. After a little research and downloading of Ill Supreme Court cases I found that you can have an unloaded pistol in a glove compartment or closed center counsel of your vehicle and even have a loaded magazine in close proximity . . .
So I'll merely keep my G27 unloaded in the closed center hump of our van and a loaded mag in the door well.

The Illinois Statues for peacable transport requires that the firearm be unloaded locked seperately in a case and stowed where it is not accessable to the driver. Vans and SUV's get tricky to qualify to this specification. Of course, this leaves you a sitting duck for a bad guy. Carrying like you mention, leaves you a sitting duck for a police officer. There are many in the Illinios peace officer ranks that consider an NRA sticker or pro gun bumper stickers probable cause for a search and seizure. Commie state run by crooks, Be careful either way.

You are both mostly correct.

The magazine with the bullets must also be locked from everything I can tell about the court case and the Illinois transport rules. So throw the magazine and the gun in the glove box and close it. Just so the magazine is NOT inside the gun.

The court case mentioned actually expands the Illinois transport laws making it easier to carry weapons in cars in/through Illinois, which were much better than our Indiana transport laws prior to July 1.

So generally following the Illinois transport laws, there are actually 3 different sets of them, and coordinating all that with the court case, makes transport of firearms in Illinois pretty easy.

Just make sure both the gun AND the magazine are in a container of some sort. Dropping the magazine in the door pocket does not qualify because the door pockets don't close, so put it in the arm rest compartment or the glovebox as both of those close.

There have been multiple threads on this topic.

Here is the court case information: Illinois Court Allows Nonresidents to Transport Guns

Actual court document : http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf

Here is a comprehensive thread on the topic: https://www.indianagunowners.com/fo...gotta_go_to_communist_occupied_il_friday.html

Here are the Illinois gun laws, straight from the ISP : http://www.isp.state.il.us/docs/ptfire.pdf

 

[mrortega]

I believe you are wrong about the ammo. Ill law is largely silent as long as you have your FOID/out-of-state license. That is why a loaded mag can actually be in the same console/glove box as the unloaded weapon. Check out the Ill State Police web site for FAQs and you'll find a question/answer specifically about ammo and magazines.

 

[melensdad]

I believe you are wrong about the ammo. . .

According the the ISP the ammo does not have to be encased.

According to the Wildlife code it is my understanding the ammo should be encased.

So there seems to be some conflict. I tend to err to the side of caution. I'd be willing to bet that if it went to court as a specific question that the ammo would NOT have to be encased because of the conflicting information.

So that said, I will concede the point but, because of my (perhaps flawed) understanding of the wildlife code I would recommend having the ammo in the glove box WITH the gun but NOT in the gun.

 

[Classic]

I've been driving back and forth from IN to TX for the last couple of years. Before I started I looked into all of the states carrying/reciprocating laws I might be subject to by just driving through. IL had so many conflicting reports and opinions about how the law was interpreted by police and courts I just avoided it. I go south first and then west so I'm not taking the chance on a misunderstanding.

 

[mrortega]

According the the ISP the ammo does not have to be encased.

According to the Wildlife code it is my understanding the ammo should be encased.

So there seems to be some conflict. I tend to err to the side of caution. I'd be willing to bet that if it went to court as a specific question that the ammo would NOT have to be encased because of the conflicting information.

So that said, I will concede the point but, because of my (perhaps flawed) understanding of the wildlife code I would recommend having the ammo in the glove box WITH the gun but NOT in the gun.

Good point, Dad. I guess technically Chicago could be considered a "wild life" habitat and those laws might apply

 

[melensdad]

Good point, Dad. I guess technically Chicago could be considered a "wild life" habitat and those laws might apply

Well now that you mention the windy city, I actually travel in Illinois on a very frequent (way too frequent) basis as I live within eyesight of the state line and I'm up here in the NW corner of Indiana with the lights from Chicago lighten up the nighttime sky. Perhaps with my close proximity to Chicago in mind you can see why I will err on the side of caution.

I will argue with many people that it is actually easy to transport in Illinois and be legal. People don't believe it, but it is true, the Illinois transport laws are very sane!

I use a small lock box for transport, I simply have the gun and magazine side by side in the lock box. My lock bock uses a touch panel to open, so access is pretty quick.

. . . IL had so many conflicting reports and opinions about how the law was interpreted by police and courts I just avoided it. . .

I think most of the laws in Illinois regarding gun transport are pretty simple to comply with, its just that the spectre of Illinois being a draconian anti-gun state have clouded so many minds that people believe what they hear.