Guns in Illlinois without FOID


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JHK94
November 2, 2009, 12:38 PM
I will be traveling by car this holiday season to visit my parents in S. Illinois. My CCW is valid in all the states I'm going through, except of course, my destination. The IL state police FAQ has a section saying that, if you are hunting in IL as an out-of-stater (and thus lack an FOID), you can bring your gun into the state, you just have to abide by all the other rules (eg, cased, in the trunk, unloaded).

Does anyone know of any info about handguns? I was planning on carrying until I reach Eastern MO, then putting my pistol in a case in the trunk, unloaded, and maybe even field stripping it, as well.

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daskro
November 2, 2009, 12:54 PM
Can't speak to the the hunting laws, but for non-il residents traveling through il a firearm must be a closed case. This can be anywhere from a soft case, hard case, or gun sock.

Smithiac
November 2, 2009, 02:09 PM
no need to field strip but ou must case and unload. If you have an out of state drivers license you do not need a FOID card that is only for IL reidents.

charliehustle10
November 2, 2009, 02:33 PM
what about if you travel through chicago city limits...

Z-Michigan
November 2, 2009, 02:36 PM
Chicago wasn't the OP's original question. Various reports (as well as my own opinion) are "avoid." You might want to start your own thread if you have a question that hasn't been addressed in anything you can find with a search.

Lou McGopher
November 2, 2009, 02:44 PM
no need to field strip but ou must case and unload.

What constitutes "unloaded?"

In some states, the magazine may be loaded, but must be out of the gun for it to be unloaded. Other states say the magazine must be empty as well.

Kleanbore
November 2, 2009, 02:44 PM
I live in MO. My understanding is that if you travel through IL (on a trip to another state), Federal law permits you to possess a firearm in a lockable container, unloaded, and with all ammunition in a separate lockable container. You may make reasonable stops for fuel and refreshments but you may not stay within the state overnight.

I recently read that a functional handgun cannot be kept in a motorized vehicle otherwise except by IL citizens with the FOID. Can't lay my hands on it right now.

Z-Michigan
November 2, 2009, 03:16 PM
You may make reasonable stops for fuel and refreshments but you may not stay within the state overnight.

Firearms Owners Protection Act of 1986, a generally good law that also got saddled (through deceptive and likely fraudulent procedures) with the closing of the machinegun registry.

Anyway, I'm posting with one clarification: you could legally stop for the night, using FOPA as protection, so long as you are on a continuous journey and your nighttime stop is not a destination but merely an incidental stop on that journey.

The problem with FOPA is that any local police who either don't like it or are simply ignorant of it may hassle and even arrest you despite the FOPA protections. I would suggest carrying a copy of the relevant part of FOPA and perhaps a written itinerary with you to show any officer who claims you're violating the law, but I would not assume that such preparation would keep you out of trouble in a gun-hostile state.

I also suggest staying completely out of Chicago and Cook County (also NYC and a few other choice urban areas), because I am skeptical of their willingness to follow the mandates of federal law even when they don't have any (legitimate) choice. Of course, anyone who has lots of free time and lots of money for lawyers may wish to disregard my suggestion and perhaps be a test case that will make travel legally safe for the rest of us in the future. Last I knew there was a pending lawsuit against NYC over the issue of legal travel, but I do not know of it having been resolved.

alex_h
November 2, 2009, 03:20 PM
in IL the mag must be unloaded and ammo kept in a difrent container.

Onward Allusion
November 2, 2009, 03:27 PM
http://www.isp.state.il.us/foid/firearmsfaq.cfm

...and of course stay out Chicago.

"If a non-resident is coming to Illinois to hunt and would like to bring their firearm, how do they legally transport it? Non- residents must be legally eligible to possess or acquire firearms and ammunition in their state of residence. It is recommended that, in order to be in compliance with all statutes, non-residents transport all firearms:

Unloaded, and
Enclosed in a case, and
Not immediately accessible or broken down in a nonfunctioning state.

Is it legal to have ammunition in the case with the firearm? Yes, so long as the firearm is unloaded and properly enclosed in a case.

JHK94
November 2, 2009, 04:14 PM
I looked at the site Onward Allusion noted, and that was what really confused me. I am not there to hunt, nor will I be in possession of a hunting firearm. :/

Bix
November 2, 2009, 10:52 PM
in IL the mag must be unloaded and ammo kept in a difrent container.

Got a source for that?

I looked at the site Onward Allusion noted, and that was what really confused me. I am not there to hunt, nor will I be in possession of a hunting firearm. :/

The following is not legal advice. You should never get legal advice off the errornet - in particular, you should never get legal advice in errornet gun forums:

430 ILCS 65/2(b) enumerates various exceptions to the FOID requirement. Per subsection (9), 'Nonresidents whose firearms are unloaded and enclosed in a case' is one such exception.

ILCS here:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapAct=430%26nbsp%3BILCS%26nbsp%3B65%2F&ChapterID=39&ChapterName=PUBLIC+SAFETY&ActName=Firearm+Owners+Identification+Card+Act%2E

You should, of course, consult your attorney before relying on anything you found on the internet.

NukemJim
November 2, 2009, 11:22 PM
in IL the mag must be unloaded and ammo kept in a difrent container.

From my understanding ( IANAL) the above is no longer correct.

Also do not forget that Cook County (the one Chicago is in) has an AWB ( known as "Cook County DEADLY WEAPONS DEALER CONTROL Ordinance") with a 10 round limit and many firearms listed. Please see

http://www.cookctyclerk.com/html/111406orddoc.htm

and scroll down to the almost to the bottom.

NukemJim

Blackbeard
November 2, 2009, 11:39 PM
FOID card is only required for IL residents. All people, resident or not, are prohibited from transporting loaded weapons. If you have it unloaded and cased, you will be fine. You don't have to unload the magazines. I recommend keeping it in the trunk until you leave our fine state.

P.S. Stay away from Chicago.

Onward Allusion
November 3, 2009, 01:22 AM
I looked at the site Onward Allusion noted, and that was what really confused me. I am not there to hunt, nor will I be in possession of a hunting firearm. :/
Yeah - That's Illinois for you... The site is the Illinois State Police site. The folks that handle the FOID processing.

Like most folks said - Stay out of Chicago, keep the gun cased, unloaded, and in the trunk - you should be fine.

mptrimshop
November 3, 2009, 02:11 AM
I'm a resident...and i have a FOID card. I sometimes keep my P89 in my trunk in my case....now i have the gun unloaded, but i keep 3 loaded clips in the case to..is that ok. I asked a cop once and he really didn't have an answer( i live in a smaller town). he just kinda worded it like hey" don't be dumb with your guns and act like a thug and you will be fine nomatter where you have them"

alex_h
November 3, 2009, 04:41 PM
in IL the mag must be unloaded and ammo kept in a difrent container.

Got a source for that?

when i applied for my foid card i rember it from then but i can not find it now on the IL state police website. with this being IL though it would be a good practice.

mptrimshop
November 3, 2009, 05:16 PM
i don't think the the law is to clear here.... i think thats why the cop really didn't have an answer for me....thats scary cuz thats how ya end up in jail...and losing your right to owen fire arms

Bix
November 3, 2009, 05:57 PM
in IL the mag must be unloaded and ammo kept in a difrent container.

Quote:
Got a source for that?
when i applied for my foid card i rember it from then but i can not find it now on the IL state police website. with this being IL though it would be a good practice.

I don't believe that is the law in Illinois. This post does not constitute legal advice. :D

10th question from the bottom on the ISP website indicates that ammunition may be transported in the case with the firearm:

http://www.isp.state.il.us/foid/firearmsfaq.cfm

This (dated) pamphlet posted at the ISP website indicates that "The location of ammunition being transported, including ammunition being transported in loaded magazines, is not regulated if the firearm is possessed or transported lawfully"

http://www.isp.state.il.us/docs/transgun0-000.pdf

This issue has been addressed numerous times on this forum. A search will turn up plenty of threads (some with similar bad information), but ISP2605 summed it up nicely in July:

http://www.thehighroad.org/showpost.php?p=5729317&postcount=11

with this being IL though it would be a good practice.

Incidentally, I would agree. As has been pointed out, the ILCS is not a model of clear legislation on this issue, and you may have the misfortue of running into a cop who understands the statute differently. Not a bad practice to load mags at the range.

scout26
November 3, 2009, 06:31 PM
IANAL, but I am a Illinois DNR Hunter Ed instructor.

From the Illinois State Police website: http://www.isp.state.il.us/foid/firearmsfaq.cfm

If a non-resident is coming to Illinois to hunt and would like to bring their firearm, how do they legally transport it?
Non- residents must be legally eligible to possess or acquire firearms and ammunition in their state of residence. It is recommended that, in order to be in compliance with all statutes, non-residents transport all firearms:
Unloaded, and
Enclosed in a case, and
Not immediately accessible or broken down in a nonfunctioning state.

Is it legal to have ammunition in the case with the firearm?
Yes, so long as the firearm is unloaded and properly enclosed in a case.

Finally, don't do anything that will attract the attention of the police.

mptrimshop
November 3, 2009, 07:04 PM
thx scout... i'm takin the hunter safety at the bass pro.... don't supos you are the guyt teaching it

creepiE
November 3, 2009, 09:38 PM
Hello all...I live in Illinois, and have a few tips for transporting.

-ensure that any firearm or anything related, is not in plain view.
-carry the firearm in a case, unloaded, in a trunk, or behind a seat.
-have the ammo in a seperate area of the vehicle (no access) away from the cased firearm

Its all about the firearm being "readily available." IMO I would have a firearm with a trigger lock. Being from out of state, one can become a target for theft. Better safe than sorry.

If you are going thru Chicago use the Tollway as they are patrolled by State Police, rather than the local authorities.

scout26
November 4, 2009, 12:55 AM
Nope, not me teaching there.

Neo-Luddite
November 4, 2009, 08:20 PM
Chicago law specifies that non-Chi residents MAY transport through the city if the weapon is cased/unloaded etc (trunk is a good idea). Remember, O'hare is *in* Chicago and you may fly out of there with a checked pistol or even an AR, etc. if properly cased and unloaded. If you want to read the oodles of insane gun laws specific to Chi, the ISP has them posted along with the other local/city gun laws on a site here:
http://www.isp.state.il.us/foid/ordinances.cfm

Buried on page on or two is the exemption for folks just passing through. From there, the laws get *VERY* bizarre---beyond words bizarre.

All this asside, just keep a low profile and don't do the 'happy dance' with your hardware flashing about. Yes, Chicago is run by a crazed little warlord but even he doesn't want out of towners to NOT spend their money in his fiefdom.


And 'downstate' (or far Northwest, too)---no worries; cased, unloaded is fine.

Superblackrifle
November 4, 2009, 09:20 PM
um former Chitown resident here. If you get caught it is a felony and kiss your investments goodbye. Some dirty cop will find a nice home for'em.

Neo-Luddite
November 5, 2009, 12:22 PM
*NOT* if you are a NON-RESIDENT travelling through as described.

-read the link to the Chi-town law and who is exempt under what circumstances-



Yes, for the unfortunates living in Daleystan, you are quite correct.

JHK94
November 5, 2009, 12:26 PM
So, these big issues are for Chicago/Chicagoland, it appears. I won't be withing 300 miles of there, so it looks like I'll be ok.

I actually have a still-valid FOID (I grew up in IL), but the address is for my parents' house (where I haven't lived for about 7 years). I guess I'll bring it along just in case.

NukemJim
November 7, 2009, 09:42 AM
Posted by Superblackrifle
um former Chitown resident here. If you get caught it is a felony and kiss your investments goodbye.

Posted by Neo-Luddite
*NOT* if you are a NON-RESIDENT travelling through as described.

-read the link to the Chi-town law and who is exempt under what circumstances-

Uhm, IMHO both are somewhat correct.

Superblackrifle is correct in that kiss your investment goodbye (and that would probably be the least of your worries) you might not get a felony charge (after numerous discussions with laywers/LEOs and 1 judge {informally, out of court}) I am more confused than before about exactly what charges would be filed. It would be a major hassle IF the LEO decides to enforce the law. Some LEOs will make a case by case judgment as to whether or not to arrest the person or let them walk. Some LEOs will just take the gun (has happened to 2 female friends of mine) and let the person walk.

Neo-Luddite is correct in that it IS LEGAL. Absolutely. No arguments. But you are going to have quite a bit of interaction with the legal system and muchos dollars in laywer fees before you are finished.

Best advice avoid Chicagoland if possible if you have a firearm with you.

NukemJIm

isp2605
November 9, 2009, 08:58 AM
IL law is clear. When people say it's not clear all that means is they don't know where to look or they haven't looked. It only becomes "unclear" when people start believing baseless internet rumors such as "mags have to be unloaded", "has to be carried in the trunk", etc.
IL law requires the gun to be unloaded and in a case. It doesn't have to be disassembled as long as it is in a case and unloaded. It doesn't matter whether it's a long gun or handgun, same applies.
The cased gun can be carried anywhere in the vehicle.
Make sure your case meets the statutory definition of case in that it completely encloses the firearm, is specifically designed for a fiream, and it has some means of closure, ie, zipper, tie, snap, buckle, etc.
Mags can be loaded and carried in the same case as the gun (they don't have to be in a case) but loaded mags cannot be inserted in the gun. Empty mags can be inserted in the gun.
Ammo can be in the same case as the gun. Actually, ammo doesn't have to be in any case.

ilbob
November 9, 2009, 09:17 AM
I will be traveling by car this holiday season to visit my parents in S. Illinois. My CCW is valid in all the states I'm going through, except of course, my destination. The IL state police FAQ has a section saying that, if you are hunting in IL as an out-of-stater (and thus lack an FOID), you can bring your gun into the state, you just have to abide by all the other rules (eg, cased, in the trunk, unloaded).

Does anyone know of any info about handguns? I was planning on carrying until I reach Eastern MO, then putting my pistol in a case in the trunk, unloaded, and maybe even field stripping it, as well.
IL gun laws are scattered all over the place, and some of it is written in confusing and unclear prose.

There are at least four chunks of code at issue.

The FOID card act. As a non-resident, you are not eligible for one, so its not much of an issue legally.

The UUW laws. These prohibit you from carrying around a gun except in specific ways or places. The operative things for you passing though are these exceptions to the general rule that you can't have a gun out in public:

(a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non‑functioning state;
or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

Since you don't have a FOID card, you are not eligible under (iii) and have to deal with (i) or (ii).

As bizarre as it may sound, you also have to worry about the Wildlife code that has a tidbit in it about the type of case the gun has to be in while it is in a vehicle and requires it to be unloaded.

Lastly, you cannot take it to any public place without written permission. Even a public parking lot probably qualifies under this strange rule.

Best bet is unload it, put it in a recognizable gun case, make sure the case is closed and completely encloses the gun and is strapped, snapped, or whatever closed, and hide it as far away from any one in the car as you can.

Chances are you will get through IL without any real trouble. However, there are places like Chicago where you just do not know what a cop that stops you is likely to do. Most of the time, you do some speeding, you just get a ticket. But Chicago has some cops that are out of control. Best to not give them any reason, for them to think they can get you for anything.

It is just best to obey the various traffic laws and pass though without making waves.

junglebob
October 4, 2013, 01:27 PM
IL law is clear. When people say it's not clear all that means is they don't know where to look or they haven't looked. It only becomes "unclear" when people start believing baseless internet rumors such as "mags have to be unloaded", "has to be carried in the trunk", etc.
IL law requires the gun to be unloaded and in a case. It doesn't have to be disassembled as long as it is in a case and unloaded. It doesn't matter whether it's a long gun or handgun, same applies.
The cased gun can be carried anywhere in the vehicle.
Make sure your case meets the statutory definition of case in that it completely encloses the firearm, is specifically designed for a fiream, and it has some means of closure, ie, zipper, tie, snap, buckle, etc.
Mags can be loaded and carried in the same case as the gun (they don't have to be in a case) but loaded mags cannot be inserted in the gun. Empty mags can be inserted in the gun.
Ammo can be in the same case as the gun. Actually, ammo doesn't have to be in any case.
I'll agree with most things in post #29 except now in 2013 after concealed carry legislation passing non-residents can carry a loaded handgun concealed in their vehicle if it is legal for them to carry in their home state so if you have a CCW from your home state you're OK with a loaded handgun in your car if it is concealed. Step outside your car and it should be unloaded and cased. Also the case no longer needs to be specifically designed for a firearm, a box, fanny pack, purse or suitcase could comply if it encloses the firearm completely, no lock needed.

ILbob mentioned wildlife code transport requirements in post #30. It no longer needs to be a case designed for a firearm, that changed this year too. And you can transport in public just not in a restricted area and that could be in a fanny pack on your person. Transport laws are now uniform throughout Illinois, even in Chicago. Illinois is slowly getting freer.

JTHunter
October 4, 2013, 04:30 PM
alex h said in Post #9:in IL the mag must be unloaded and ammo kept in a different container.

That is not correct. The firearm can NOT have a round in the chamber NOR can the magazine be in the gun IF it is loaded. However, they can be in the samd latchable container (does not have to be "lockable").

Read Onward Allusion's post in #10 and go to thos FAQ's.

gondorian
October 4, 2013, 06:50 PM
Rarrr, zombie thread.

Obviously the law is totally different now after the CC bill passed and I don't think it makes sense to try to piggy-back off a thread from four years ago.

Neo-Luddite
October 4, 2013, 10:32 PM
Yeh, this is a Zombie, but the funny thing is that for an Outr-of-stater the only change is that a valid CCW will allow carry in the car and no where else. It always was A-Ok to travel through Chi with the gun unloaded and in the trunk.

JTHunter
October 7, 2013, 01:28 AM
Sorry to disagree Gents, but this is not a "zombie" thread.

Even with the CCW crud we've been dealt, the "container carry" is still valid as the laws governing it have not been totally repealed. Illinois residents W/O a CCW will still be able to carry in this manner as it is more "transporting" than "carrying" ("at the ready").

Neo-Luddite
October 7, 2013, 10:25 AM
Point taken, but soon enough the institutional panic over CCW will be in full effect and will likely take some time to burn off. To that yes, I'd advise extra caution about compliance with the law regarding cases and so on.

Carl N. Brown
October 7, 2013, 11:30 AM
Zombie thread?

Or evolution of IL law thread?

It might be help in figuring out where people get diffrent ideas about the law.

Also, expecting law enforcement to know the latest changes in gun law since they left the academy is not always wise.

Frank Ettin
October 9, 2013, 01:01 AM
If there's anything new to discuss, someone can start a new thread.

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