Travel out of Midway.

[critter592]

Going to Florida on a flight out of Midway. Wanting to transport and check in luggage but very nervous on Chicago/Illinois law. Any suggestions other than fly out of Indy?

 

[cedartop]

I have flown out of midway with guns numerous times with no issues.

 

[critter592]

I have flown out of midway with guns numerous times with no issues.

So unloaded. Hard locking case. TSA lock for outside of luggage. No guff? Cool thank you.

 

[mk2ja]

I am not a lawyer, but this is my take on the issue: the Federal Firearms Transportation Statute will cover you in transit.

18 USC § 926A - Interstate transportation of firearms

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.

Comply with all instructions from TSA and your air carrier regarding transporting firearms on commercial flights.

TSA: Travelling with Special Items: Firearms and Ammunition

Additional steps that I took to protect myself from the TSA included carrying a printed copy of applicable laws and TSA/airline policies as well as a written statement detailing what items I was carrying, by serial number, and their value.

But I've flown several times without issue, even going through Baltimore-Washington International.

 

[LFTPFW]

This is good stuff!

 

[Mark 1911]

Going to Florida on a flight out of Midway. Wanting to transport and check in luggage but very nervous on Chicago/Illinois law. Any suggestions other than fly out of Indy?

How 'bout South Bend? (not good but still better than Chicago)

 

[cedartop]

How 'bout South Bend? (not good but still better than Chicago)

I try to use South Bend whenever I can. It is much less of a hassle than Chicago for a number of reasons. The only downside being not many direct flights.

 

[MikeDVB]

The biggest issue is if you go through an airport that is in a location that doesn't permit guns and you leave the secured area and claim your bags. So long as you stay in a secured area and separated from your checked baggage you should be fine.

Now if there were to be something bad happen - like your flight is canceled and delayed a day - you would want to leave your bag at the airport and not claim it if it has a firearm in it.

 

[snorko]

Are you driving to Chicago or flying?

 

[mk2ja]

The biggest issue is if you go through an airport that is in a location that doesn't permit guns and you leave the secured area and claim your bags. So long as you stay in a secured area and separated from your checked baggage you should be fine.

Now if there were to be something bad happen - like your flight is canceled and delayed a day - you would want to leave your bag at the airport and not claim it if it has a firearm in it.

What's your reasoning or source behind this? It appears to be in conflict with the concept of the protection provided by the Federal Firearm Transport Statute, which I posted above.

I'm very skeptical of what you posted, so I'd like to hear what makes you give that recommendation before I either change my mind and start recommending the same thing you did or rule it out in my mind.

 

[MikeDVB]

What's your reasoning or source behind this? It appears to be in conflict with the concept of the protection provided by the Federal Firearm Transport Statute, which I posted above.

The statute is met until you claim your bag, at which point, the firearm becomes readily accessible.

Even without that - if you have an unexpected delay and you claim your bag you are no longer transporting from one place to another but staying in one place. You don't get an exemption for traveling when not actually traveling. You can make the argument that you were in the process of traveling - but leaving the airport to go to a hotel is not something that would be protected by the federal law nor would traveling from the hotel back to the airport.

If you did get the bag back and went to a hotel - when you tried to re-check your bag you would be arrested if you were not legal to carry said weapon in that locality.

I'm very skeptical of what you posted, so I'd like to hear what makes you give that recommendation before I either change my mind and start recommending the same thing you did or rule it out in my mind.

Don't take my word for it - ask an attorney.

Search for that law here on INGO and you'll find discussions about driving through Illinois with a locked firearm in your trunk - it's been suggested that one not stop [at all] in the state of Illinois while passing through with a firearm because once you stop - you are no longer 'traveling'.

 

[ryknoll3]

The statute is met until you claim your bag, at which point, the firearm becomes readily accessible.

Even without that - if you have an unexpected delay and you claim your bag you are no longer transporting from one place to another but staying in one place. You don't get an exemption for traveling when not actually traveling. You can make the argument that you were in the process of traveling - but leaving the airport to go to a hotel is not something that would be protected by the federal law nor would traveling from the hotel back to the airport.

If you did get the bag back and went to a hotel - when you tried to re-check your bag you would be arrested if you were not legal to carry said weapon in that locality.

Don't take my word for it - ask an attorney.

This is correct, and people in NY and NJ have been arrested and prosecuted for this very thing.

Search for that law here on INGO and you'll find discussions about driving through Illinois with a locked firearm in your trunk - it's been suggested that one not stop [at all] in the state of Illinois while passing through with a firearm because once you stop - you are no longer 'traveling'.

These discussions do exist, though the conclusion about Illinois is incorrect. They have pretty similar transport laws to Indiana's handgun transport law (for those without an LTCH). Unlike NY and NJ where there is no provision for out-of-staters to bring firearms into the state, Illinois is not like this.

OP, I've traveled with firearms out of Midway and have had no issues.

 

[MikeDVB]

These discussions do exist, though the conclusion about Illinois is incorrect. They have pretty similar transport laws to Indiana's handgun transport law (for those without an LTCH). Unlike NY and NJ where there is no provision for out-of-staters to bring firearms into the state, Illinois is not like this.

OP, I've traveled with firearms out of Midway and have had no issues.

Yeah, I wasn't speaking to the validity of the claims about Illinois - only stating that it has been suggested. That said - thank you for the clarification .

At the end of the day I'd rather err on the side of caution - if I'm going to be incorrect about the law I would rather be incorrect about it being stricter than it really is rather than the other way around.

 

[mk2ja]

Hmm. Well, that's interesting. It seems like there should be a lot of room for argument on the interpretation and application of the statute. But I don't suppose it does much good to argue it here, where it won't change anything. I think we would probably both agree we wish it was the way I was saying, even it isn't currently interpreted that way.

 

[critter592]

Are you driving to Chicago or flying?

Bus to Midway. One flight to Ft. Meyers on Southwest.

 

[critter592]

Bus to Midway. One flight to Ft. Meyers on Southwest.

I think going I'll be ok it is coming back I'm kinda concerned. I know of the horror story from New Jersey where the guy picked up his luggage due to flight cancellation. One, that won't apply to me. Two, I do recognize Illinois law on transporting is much like Indiana.

Just very much don't want to screw myself by ignorance of the law. And yes, I know you all are not lawyers.