Illinois "container carry" allows guns in man purses?

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  • melensdad

    Grandmaster
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    Apr 2, 2008
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    This is an interesting video, seems to gun rights advocates in Illinois have figured out a way around their concealed carry prohibition.

    VIDEO LINK >>> [ame="http://www.youtube.com/watch?v=IDWTbnM1st0"]YouTube- Illinois Container Carry.wmv[/ame]

    Basically you carry your gun unloaded in a container. A container can apparently be a fanny pack (one would suspect a man-purse or briefcase might comply also).
     

    Hughhefner

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    Nice clarification for those of us who live in IL. Previously I also thought there was a stipulation that the loaded magazine had to kept in a separate case or container, i.e the fanny pack shown would be the same container as the gun itself and therefore not allowed.
     

    groovatron

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    Nice clarification for those of us who live in IL. Previously I also thought there was a stipulation that the loaded magazine had to kept in a separate case or container, i.e the fanny pack shown would be the same container as the gun itself and therefore not allowed.


    It must be kept in a seperate pouch of the fanny pack. I think they call it 7 seconds to safety. :dunno: I would love it if they extended the privilege to out-of-staters.........it would make working in IL slightly more tolerable.

    I read about this a few months back and have already heard a few stories about folks getting harassed.....I'll see if I can dig up a story.
     

    melensdad

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    It must be kept in a seperate pouch of the fanny pack. I think they call it 7 seconds to safety. :dunno: I would love it if they extended the privilege to out-of-staters.........it would make working in IL slightly more tolerable.

    I read about this a few months back and have already heard a few stories about folks getting harassed.....I'll see if I can dig up a story.

    In the video it does not appear that magazine is in a different pouch, but then again we don't actually get to see inside the pouch. I know that Illinois had a court ruling that now says if your have a FOID card you can have an unloaded gun in the glovebox. I think the ammo has to be somewhere else like the compartment in armrest? Not sure on all that. Not sure how any of this affects NON-Illinois residents.

    When I travel into Illinois I will typically lock my gun/ammo in a safe in the trunk and I've never tried to "container carry" in Illinois. I believe the movement is very new, and I do not understand the legality of doing it without a FOID card, really don't want to be the first 'test case' in their court system. My typical goal when going into Illinois, is to get back out.
     

    melensdad

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    I need to see the law and see if those not requiring a FOID can do that... i.e. you and me.

    Pro, I sent the author of the video a series of questions regarding container carry for out of state residents. I'll let you know what I find out. I'm not really looking to be a 'test case' for container carry but as you and I both live within a mile of two of the state line, crossing it from time to time is both inevitable and a PITA.
     

    Bill of Rights

    Cogito, ergo porto.
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    A member on another board I'm on was talking about "fanny pack transport" with a FOID as far back as 2008, maybe 2007. IIRC, there must be two separate pockets to the fanny pack, gun in one, mag in the other.

    HTH!

    Blessings,
    Bill
     

    360

    Shooter
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    Feb 7, 2009
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    Wouldn't he be breaking the law as soon as he removes it from the pouch for use?
     

    Prometheus

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    Pro, I sent the author of the video a series of questions regarding container carry for out of state residents. I'll let you know what I find out. I'm not really looking to be a 'test case' for container carry but as you and I both live within a mile of two of the state line, crossing it from time to time is both inevitable and a PITA.

    Thank you. Sometimes when I'm on call for work and have something on me I unload it and stick it in the glove box, ammo in center console... I'll usually lock the glove box when I get out. I also have a spare key I can lock the glovebox with while driving in case I were to get pulled over. They can't make me open the glove box w/o a warrant if it's locked... in theory anyway, who knows what a crooked CPD would do.

    I don't want to be a test case either. I am *thinking* that the same provision that allows you and I to buy ammo and bring guns into the state would allow container carry.

    If I recall, "container carry" falls under the standard laws for firearms. It isn't something stand alone.

    I have to see the law. I'll do some googling of the ILL statutes when I get a chance. Hopefully the guy who emails you cites the statute.
     

    melensdad

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    For those folks living along the Illinois State Line who may cross the state line, I would suggest that you NOT try the Illinois "container carry" method. I say this based on responses I have received and links I have been provided.

    In each reference that I find, in each reference that I have been given, the Illinois code is cited and in each case it refers to having a valid FOID card.

    It appears that OUT OF STATE residents can enter Illinois with a gun UN-loaded in the glovebox. It appears that the EMPTY gun and the LOADED magazine can both be in the same glovebox. This, as per the legal case Illinois v McDade. LINK >>> McDade vs. Illinois | Concealed Carry

    There is apparently case law to support "container carry" but if you read this summary you will see it SPECIFICALLY mentions VALID FOID cards many times. LINK >>> Illinois vs. Bruner | Concealed Carry

    Here is the actual wording of the Illinois act: LINK >>> http://www.legis.state.il.us/publicacts/pubact91/acts/91-0690.html

    It should also be noted that the Illinois State Police have issued a pamphlet "Transport your gun legally" and it ONLY refers to Illinois residents but clearly indicated the requirement of a FOID card.

    It seems very clear to me that whichever Hoosier tries to make the "container carry" defense will have to fight against the wording provided in the federal law that requires guns and ammo to be stored in separate containers when passing though an area that has restrictions like Illinois.

    FURTHER, in every reference that I can find regarding NON-RESIDENTS of Illinois, I find wording such as: unloaded, enclosed in a case, and not easily accessible . . .

    Me, I will continue to transport in Illinois in my typical fashion, gun in the trunk, unloaded. I'm not going to push the concept of container carry. It does not appear that federal safe transport laws will provide any protection under the concept of "container carry" for NON-residents. Further Illinois cities and counties have their own myriad of confusing and conflicting gun laws so for those of us on the SANE side of the state line it seems if we push the concept of 'container carry' then we stand to face a legal test case in an unfriendly courtroom.

    JMO
     
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