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Old November 5, 2009, 12:22 PM   #26
Neo-Luddite
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Location: Northwest IL--the other 'Downstate'
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*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.
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Old November 5, 2009, 12:26 PM   #27
JHK94
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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.
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Old November 7, 2009, 09:42 AM   #28
NukemJim
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Posted by Superblackrifle
Quote:
um former Chitown resident here. If you get caught it is a felony and kiss your investments goodbye.
Posted by Neo-Luddite
Quote:
*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.

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Old November 9, 2009, 08:58 AM   #29
isp2605
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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.
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Old November 9, 2009, 09:17 AM   #30
ilbob
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Quote:
Originally Posted by JHK94 View Post
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:

Quote:
(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.
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