travelling through illinois

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  • mjones

    Marksman
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    Apr 25, 2010
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    McCordsville
    travelling through illinois going out of town soon to st louis can i put my gun in the glove box or in back of suv in a bag without any trouble?
     

    Titanium_Frost

    Grandmaster
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    34   0   0
    Feb 6, 2011
    7,608
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    Southwestern Indiana
    Unloaded, encased [STRIKE]and not readily accessible[/STRIKE]. You're good-to-go.

    FIFY. Loaded magazine and empty gun in a console or glovebox are perfectly legal for LTCH holders in Ill.

    ETA Clarification: There is case law in Ill. that specifically states that our LTCH is equivilant to an Ill FOID card for Ind residents. That removes the provision to be not readily accessable for non-residents.

    Ill has very good transportation laws but they only apply to FOID card holders, that is why until this case law http://www.state.il.us/court/opinions/SupremeCourt/2011/April/109130.pdf it was recommended to conform to the Federal Interstate firearm transportation regulations.
     
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    snowdrifter

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    Apr 1, 2011
    191
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    Next to Atterbury
    FIFY. Loaded magazine and empty gun in a console or glovebox are perfectly legal for LTCH holders in Ill...

    Seriously? After reviewing the guidelines provided in the link above, I never would have thought Illinois would consider the center console or glovebox a suitable container. I will (unfortunately) be traveling through Illinois tomorrow, so if this is true, it makes disarming at the border much easier. Thanks TF!
     

    templar223

    Plinker
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    Jul 20, 2010
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    Titanium Frost is absolutely correct about transporting, unloaded, in the console for carry license holders from out of state.

    HOWEVER: Not all LEOs in IL are familiar with IL's laws for FOID cardholders, much less that carry license court precedent.

    My advice is to case it, ammunition separate in the trunk. No trunk? Put it as far back in your SUV/van as you can and better still, put it in a locked container.

    Yes, this is more "stringent" than IL law, but better safe than sorry if you want to ensure any LEO contacts are problem free while you're in IL.

    And, as always, NEVER agree to a search!

    All the best.

    John
     

    mrortega

    Master
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    14   0   0
    Jul 9, 2008
    3,693
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    Just west of Evansville
    Seriously? After reviewing the guidelines provided in the link above, I never would have thought Illinois would consider the center console or glovebox a suitable container. I will (unfortunately) be traveling through Illinois tomorrow, so if this is true, it makes disarming at the border much easier. Thanks TF!
    The Illinois Supreme Court itself nailed this down last year. They ruled on the gun-in-CLOSED-container and the out of state license being equal to the FOID for non-residents. And best of all the case stemmed from an arrest of an Indiana citizen in...CHICAGO!!!

    Keep your UNLOADED pistol in the center console or glove box as long as the box is closed. It does not have to be locked. Illinois law is silent about ammo and you can have a loaded mag laying right next to the pistol. I don'd do that but keep the mag in the door well and a spare in my pants pocket.

    There needs to be a sticky about this in the carry thread or FAQ since it gets asked so much.
     

    mrortega

    Master
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    14   0   0
    Jul 9, 2008
    3,693
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    Just west of Evansville
    Titanium Frost is absolutely correct about transporting, unloaded, in the console for carry license holders from out of state.

    HOWEVER: Not all LEOs in IL are familiar with IL's laws for FOID cardholders, much less that carry license court precedent.

    My advice is to case it, ammunition separate in the trunk. No trunk? Put it as far back in your SUV/van as you can and better still, put it in a locked container.

    Yes, this is more "stringent" than IL law, but better safe than sorry if you want to ensure any LEO contacts are problem free while you're in IL.

    And, as always, NEVER agree to a search!

    All the best.

    John
    I won't case it in the back because the law doesn't require it and I usually travel late at night thru Ill coming back from "out West." However I do carry a complete copy of the Ill SC ruling with me to show to any PO who doesn't know the law. If he/she still hassles you be polite and let him know that you will take all legal action to cause him and his jurisdiction a whole lot of headache in court.
     

    Scutter01

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    Mar 21, 2008
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    There needs to be a sticky about this in the carry thread or FAQ since it gets asked so much.

    You mean like this entry from 2010?

    INGO FAQ said:
    But what if I'm going TO Illinois, not just passing through? Since Illinois is my destination, the Federal Peaceable Journey Statute doesn't really apply, does it?
    It's actually not as complicated as you think. Lock the firearm in a secure container, completely unloaded, but the ammunition CAN be in the same container (even loaded in a magazine... just don't have the mag loaded in the firearm!). Melensdad did some great explaining in this thread here:
    https://www.indianagunowners.com/forums/carry_...il_friday.html
    https://www.indianagunowners.com/forums/the_2n...ck_answer.html

    Know how I know you didn't read the FAQ? ;)
     

    mrortega

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    Jul 9, 2008
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    Just west of Evansville
    You mean like this entry from 2010?



    Know how I know you didn't read the FAQ? ;)
    I'm too old to read the FAQs. I may not have much time left so I have to just keep making smart aleck comments and move on. ;) But seriously, I noticed the word "locked" in the quoted FAQ. The SC case said it doesn't have to be locked. Unless that has changed with another SC ruling we're good to go as long as the container is "closed."
     

    Titanium_Frost

    Grandmaster
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    Feb 6, 2011
    7,608
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    Southwestern Indiana
    I won't case it in the back because the law doesn't require it and I usually travel late at night thru Ill coming back from "out West." However I do carry a complete copy of the Ill SC ruling with me to show to any PO who doesn't know the law. If he/she still hassles you be polite and let him know that you will take all legal action to cause him and his jurisdiction a whole lot of headache in court.

    :laugh:

    You know that carrying around codes and case law sounds like a GREAT idea but when LEOs and county clerks are more than willing to make stuff up they won't help. (I'm referencing Clay Edinger the Marine who was not allowed to Vote while legally armed in Indiana) I believe he kept a copy of the IC with him and it didn't make them let him vote.

    Also I agree with Templar in that many LEOs may not know the law and being within the letter of the law does not necessarily protect you from immediate consequences. My advice typically follows what makes you LEGAL to the maximum benefit of the carrier and most utilization of your Rights as a Free citizen. You are welcome to give up your rights as you see fit after that in the pursuit of "politeness" and "respect" and fear from undue prosecution or hassle. IANALAWNBYO (I am not a lawyer and I will not bail you out)
     

    ryknoll3

    Master
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    3   1   0
    Sep 7, 2009
    2,719
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    FIFY. Loaded magazine and empty gun in a console or glovebox are perfectly legal for LTCH holders in Ill.

    ETA Clarification: There is case law in Ill. that specifically states that our LTCH is equivilant to an Ill FOID card for Ind residents. That removes the provision to be not readily accessable for non-residents.

    Ill has very good transportation laws but they only apply to FOID card holders, that is why until this case law http://www.state.il.us/court/opinions/SupremeCourt/2011/April/109130.pdf it was recommended to conform to the Federal Interstate firearm transportation regulations.

    You're right. I was aware of the case law, but I don't know if I'd recommend it to anyone. Chances are, most LEO aren't going to know anything about it, and I suspect a world of trouble on the side of the road. Though, you shouldn't ever admit to a firearm in the vehicle to begin with or consent to a search.
     

    Hammerhead

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    Jul 2, 2010
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    Bartholomew County
    As someone who recently just drove across IL and back let me offer some simple advice.

    One, just before (at a place to stop, not along the highway) or as soon as humanly possible (i.e. the first rest stop across the border, but you'll have to be more discreet) stop and unload your sidearm and put it in your console/glovebox/fannypack/Maxpedition Manta Versapack. Then drive normally and within the speed limit across the state. Once you've crossed the other border of IL, you can stop whenever you please to re-arm.

    I saw several IL state troopers running speed traps both days I drove through. I kept my cruise control at 65 mph and had no trouble whatsoever. I only stopped as necessary and armed/disarmed quietly and quickly. If it weren't for the fact that I really didn't want to chance it, I probably could have driven across the whole state twice still armed. I did not, however do so, and I don't suggest trying it.
     

    Titanium_Frost

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    Feb 6, 2011
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    Southwestern Indiana
    You're right. I was aware of the case law, but I don't know if I'd recommend it to anyone. Chances are, most LEO aren't going to know anything about it, and I suspect a world of trouble on the side of the road. Though, you shouldn't ever admit to a firearm in the vehicle to begin with or consent to a search.

    I don't disagree but I have a real hard time telling someone my opinion rather than the facts of what is legal. That way they can make their own decisions as however best to comply with the law vs their own comfort level.

    And keeping your mouth shut and not consenting to searches are the best advice possible when traveling through Ill with weapons but from reading posts on INGO I know many armed citizens just can't possibly not tell someone they have a gun during a traffic stop. (Ironically enough, it always seems to be CCers that are just chomping at the bit to tell someone they are armed and OCers who don't inform...) :laugh:

    Sorry, I don't mean to make this into another OC/CC debate.
     
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