Traveling through Illinois

[FatGeek]

May be buying a vehicle in Chicago, I live out of state, have a ccw permit. Will most likely be alone, driving a one way rental there and driving the vehicle home. Can I carry at all? If so, under what conditions?

[Jeff White]

You may carry your weapon unloaded and in a case designed to hold it. The case does not have to be in the trunk or locked but it does need to be a gun case that closes.

You may have the ammunition in the case with weapon. You may have a loaded magazine in the case with the weapon, but NOT inserted into the weapon.

I wouldn't chance carrying a handgun into Chicago at all. Even though the FOPA should protect you when traveling through.

You can carry your weapon on your person in the condition I described, unloaded and in a case designed to hold it. Again, I wouldn't recommend taking it to Chicago.

[FatGeek]

Thank you for the quick response. If I can find a similar model/year/mileage elsewhere within $500 I'll avoid Chicago.

[Rmeju]

You cannot have a handgun in Chicago for any reason (for which you are likely to qualify), nor can you have any ammunition that is used as a common handgun caliber, even if it's for a rifle (including .22lr). You cannot have any 'assault' weapons in Chicago.

If you do bring in another type of gun, state law generally takes if from there. Cased, in the trunk, and you're good to go.

Forget CCW in IL, especially in Chicago.

If I were you, I'd just leave any guns at home and remember situational awareness. This Illinois State Police advise vomiting on an attacker as one method of fending them off, and using your car key as a defensive weapon. That's really on their website.

Good luck

[ilbob]

Traveling through Illinois

May be buying a vehicle in Chicago, I live out of state, have a ccw permit. Will most likely be alone, driving a one way rental there and driving the vehicle home. Can I carry at all? If so, under what conditions?

Jeff White
Moderator
You may carry your weapon unloaded and in a case designed to hold it. The case does not have to be in the trunk or locked but it does need to be a gun case that closes.

You may have the ammunition in the case with weapon. You may have a loaded magazine in the case with the weapon, but NOT inserted into the weapon.

I wouldn't chance carrying a handgun into Chicago at all. Even though the FOPA should protect you when traveling through.

You can carry your weapon on your person in the condition I described, unloaded and in a case designed to hold it. Again, I wouldn't recommend taking it to Chicago.

IMO, leave the gun at home.

The permit is not recognized in Illinois. As a non-resident, you are slightly more restricted then residents because you do not have a FOID. While I would never say Jeff White is wrong, I am not convinced in this case.

The relevant law is this.

(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
(Text of Section from P.A. 95‑809)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
...
(4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) 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;

You don't have a FOID card so you don't meet exception (iii). That means you have to meet exception (i) or (ii).

BTW, there are other provisions of the law you have to follow. One of them is the case has to be a gun case, not just a box.

[Jeff White]

Bob,
The FOID law only applies to Illinois residents. FOIDs are not issued to non residents, there is no way for a non -resident to get one. The OP would fall under exemptions 9 and 10. Basically you can't arrest someone for UUW because he doesn't have a FOID card, if he's not required to have a FOID card.

The relevant law is the FOID act. See Section 2 of the FOID act, Exemptions:
http://www.ilga.gov/legislation/ilcs...ation+Card+Act.

(430 ILCS 65/2) (from Ch. 38, par. 83‑2)
Sec. 2. Firearm Owner's Identification Card required; exceptions.
(a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
(1) United States Marshals, while engaged in the operation of their official duties;
(2) Members of the Armed Forces of the United States or the National Guard, while engaged in the operation of their official duties;
(3) Federal officials required to carry firearms, while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and enclosed in a case;
(10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
(12) Color guards of bona fide veterans organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;
(14) Resident hunters who are properly authorized to hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled;
(15) A person who is otherwise eligible to obtain a

Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization; and
(16) Competitive shooting athletes whose competition

firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
(c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

[ilbob]

Note the operative words from the FOID card act that I have bolded.

(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:

The exceptions (including those for non-residents) only apply to that section of the FOID card act and not to the UUW statute.

[Jeff White]

Bob,
The Illinois statutes are called the Illinois Compiled Statutes. They are all linked together and the courts view them that way. As an example I give you issue of gun cases. In every Appellate Court in the state but one, the definition of a firearms case as defined in the wildlife code is considered the proper one even though the UUW statute specifically defines other legal ways to transport firearms.

If the compiled statutes were as you describe, the state would be unable to make money from out of state hunters, the World Shooting Classic could not be held in Sparta, the other competitions that go on would not be legal because everyone from out of state would be violating the UUW law.

You can't arrest someone for UUW for the sole reason that he doesn't have a FOID card if the FOID act says that person is exempt from having one.

[AirForceShooter]

FOPA won't protect you.
To be covered under FOPA you have to be legal on both ends of the trip. FOPA covers you for the states you're passing through.
Leave the hand cannon home.

AFS

[Hungry Seagull]

Leave the gun at home. Im CCW soon in Arkansas, and Illinois isnt a state that shares recipriocal or honors my permit. In fact Illinios is one of two states that really just flat out prohibits guns at all unless as mentioned previously you have FOID card issued as a resident of illinois.

My second bet for you to cover is to find the vehicle elsewhere within 1000 dollars of your target price. Carmax on the internet is one source. AutoNation is another source and many, many sooo many car dealers must be suffering in YOUR home area wanting YOU to buy a car, any damn old car.

And as stated by others. dont you dare get into Chicago with something that goes bang. Ive been in there many times in the markets up there and the only reason I got out alive is because it's only knives and hooks, not guns. Lucky me. SIGH....

Too bad because the farmlands near McLean, Effingham is pretty good country to be in.

[NavyLT]

To answer the OP's SPECIFIC question:

NO, you cannot CARRY in Illinois. You can only TRANSPORT. There is a huge difference between CARRYING and TRANSPORTING. Transporting, unloaded, in a case, that is locked to prevent immediate access is perfectly legal. Any type of CARRYING is not.

[Jeff White]

Transporting, unloaded, in a case, that is locked to prevent immediate access is perfectly legal.

So is transporting in an unlocked case. There is nothing in the Illinois Compiled Statutes requiring a case to be locked.

And once again, there is no requirement for a nonresident to have a FOID card. In fact the ISP will not issue a FOID card to a nonresident.

[NavyLT]

This is from the Illinois State Police website:
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.

So, it comes down to the definition of not immediately accessible. To me, a lock on the case would just do away with that question altogether, unless the statutes define accessible or not accessible... i'll go look.

I disagree with the evaluation the the exception for non-residents in 430 also apply to the section of the statute in 720 because the 430 section of code is heath and safety regulations and 720 section is criminal code. Also, there is a specific exception in the criminal code of 720 that would apply to a non-resident transporting a firearm in a vehicle.

[Deanimator]

As a former Chicagoan, just go some place else. If you can go to Chicago, you can go to Indiana.

[Jeff White]

Here is a link to the Illinois Compiled Statutes:
http://www.ilga.gov/legislation/ilcs/ilcs.asp

Show me where it says anything about locks or not immediately accessible in state law.

Illinois is a home rule state. Lesser units of government i.e. municipalities and Cook County have the pwoer under the state constitution to write all kinds of local laws.

The State Police has no idea where someone may travel within Illinois so they give guidance generic enough to keep a traveler from getting in trouble in some municipality.

[Hungry Seagull]

Does that mean a shoebox is sufficient as a container?!

If so, that take down bar on my 45 ACP will reassemble the gun in a few seconds into near working order, just need the clip please.

[NavyLT]

Here is a link to the Illinois Compiled Statutes:
http://www.ilga.gov/legislation/ilcs/ilcs.asp

Show me where it says anything about locks or not immediately accessible in state law.

It does not say anything about a lock. The not immediately accessible phrase is easy and has already been posted.

(720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) 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;

As stated above, a non-resident without an FOID cannot fall under the exception in part (iii), so they must use either the (i) or the (ii) exception. A person without an FOID who is caught with a gun in their vehicle that is both assembled AND immediately accessible CAN be charged with a violation of 720 ILCS 5/24. Unfortunately, the statute does not define immediately accessible that I can find.

If it were me, and I were transporting a gun in Illinois, I would have a lock between me and that gun to eliminate any discussion of what is immediately accessible or not. Just a recommendation of what I would do, not a requirement specified in law.

[chibiker]

FatGeek, let everybody argue it out here.... as a few others have recommended, and as I will (a Chicago resident) DO NOT BRING A GUN HERE.
On the small chance you might get stopped and the weapon discovered do you really truly want to sort it all out? In Chicago, they will take your gun, confinscate your vehicle(by the way, do you have any idea what the towing charges and storage fees are? Good luck getting that back) and anything in it and throw you in the pokey. Sure when it all comes down to it in the end you might come out in the right but do you really want to go through that?
There are so many laws and restrictions here and trust me, not every badge knows them or cares. Just don't do it. Can't shop here and feel safe without being armed? Then buy elsewhere my friend.

[NavyLT]

I agree, chibiker, I wouldn't take any gun into Chicago under any circumstances.

[Johnny Dollar]

I agree, chibiker, I wouldn't take any gun into Chicago under any circumstances.

Well,I've flown into O'Hare(and Midway)with a gun at least 10 times and driven out with the gun in a rental car(using FOPA rules)and returned with said gun and flown back to Miami.
Not one problem ever.Since 1997.Drove to distant places like Wyoming and Utah and back to Chi-town.
Caveat Emptor,however!Maybe I've been lucky!
Now NYC,I would think more than twice on this drill.
There(or Newark)I have never done it.

[Jeff White]

NavyLT,

What part of the word or is so hard for you to understand?

(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

Do you see the word or right behind the semi-colon behind the word accessible? That means that it can't be immediately accessible or it can unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

There is presently confusion over what constitutes a case, because the UUW law does not define a case. The courts have gone with the definition of a case that is provided in the Wildlife Code. However, one appellate court has ruled that an unloaded firearm carried in the center console of a vehicle met the requirement for the firearm being in an other container a little more then a year ago and threw out the UUW conviction of the district court. In the rest of the state you had better have your firearm in a case that meets the definition of a case as provided in the wildlife code. To this date, the state supreme court has not addressed the difference between the different appellate courts.

I enforced these laws for 22 years here in Illinois and being a shooter I always kept up on them.

[Bix]

Right. And various Illinois courts have found a firearm that is stored in the trunk of a vehicle 'not immeidately accessable' within the meaning of the UUW law -- irrespective of whether it's in a locked case, an unlocked case, or no case at all.

[ilbob]

one appeals court found a purse was a case for the purposes of the UUW act.

[Geneseo1911]

Jeff-
One thing that always confused me about that law...

Would I be correct in thinking that a gun which is "not immediately accessible" could be uncased and loaded? For example carrying a loaded gun in the trunk?

(and before someone jumps all over me, "loaded" in IL means there are rounds in the gun, not necessarily in the chamber. A pistol with the mag sticking halfway in would be considered loaded (by my understanding))

[NavyLT]

Originally Posted by Jeff White

]NavyLT,

What part of the word or is so hard for you to understand?

Jeff,

What part of the words "by a person who has been issued a currently valid Firearm Owner's Identification Card; "

do you not understand?

(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;