Traveling to Illinois with firearms (AR15)

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Warp

Warp

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I have done a little research (IANAL) and it appears that there are no state laws that would prohibit me from bringing my AR15 (with 30 round magazines), or my handguns, so long as they are properly unloaded and all that. (handgun unloaded in a car safe, rifle with cable through action, in a case, in the back)

I would not be going to or through the city of Chicago.

Is there anything I am missing?

I understand Illinois does NOT have state preemption, and local government can impose more restrictive laws?
 
Unloaded and properly cased. State law says ammo can be in the case but not in the gun. Some municipalities state otherwise. To be truly safe unload it, case it, stash it in the trunk and out the ammo in another box. Great state, what?
 
As far as you stay away from Chicago, you're good to go. Gun cleared and safe in a case, mags empty, ammo secured in some container, no problem. We down staters don't have any issues with our LEOs as long as we don't get stooopid.
Welcome to the last bastion of BS gun control....;)

Hobie..west central Illinois.
 
1hobie said:
As far as you stay away from Chicago, you're good to go. Gun cleared and safe in a case, mags empty, ammo secured in some container, no problem. We down staters don't have any issues with our LEOs as long as we don't get stooopid.
Welcome to the last bastion of BS gun control....;)

Hobie..west central Illinois.
Click to expand...

Mags empty??
 
Actually, you can have loaded magazines as long as they're seperate from the gun IIRC. However coming from out of state with a few 30 round mags fully loaded might give a wrong first impression....;)
 
1hobie said:
Actually, you can have loaded magazines as long as they're seperate from the gun IIRC. However coming from out of state with a few 30 round mags fully loaded might give a wrong first impression....;)
Click to expand...

I don't care what impression I give.

I care about what is and is not legal.

I really wish I didn't have to travel to such a craphole of a state. I mean...really...OH MY GOD HE HAS THREE 30 ROUND MAGAZINES LOADED! TERRORIST!!!!1!!ON3

I really wish my in-laws didn't live there.
 
What about Cook County?

I'd probably be going west on I80, which cuts through southern Cook County. :(
 
There is Chicago, and then there is the rest of the state...
The attitude toward guns is not at all hostile in the real Illinois.
Springfield Armory, Rock River Arms, LMT, Armalite, etc all made in Illinois within a few miles of each other in Henry and Rock Island Counties.
The law enforcement folks are by and large no problem at all. All the ones I meet are sympathetic.
Welcome to Illinois, Relax and follow the law. Enjoy.
 
In a state that has no preemption law, in which municipalities can basically regulate guns however they want, there is really no practical way to know every single town's laws on the subject. Legally speaking, your greatest protection is to say "no" if asked if you have any firearms by a cop, and to never consent to any searches.

I will let someone more familiar with IL law answer the question about whether mags need to be carried empty to be legal.
 
Stay on I-80 or south and you will find the state to be pretty lenient when it comes to travelling with firearms.
Don't have anything loaded, magazines can be filled but seperate from the firearm, i.e. in pouches attached to the outside of the gun case.

My personal advice. If an L.E. asks to search your vehicle, decline, let him get a warrant, call your lawyer immediately.
Chances are good he won't be able to obtain one on 'probable cause' if the drug dog doesn't hit on anything & the state doesn't want lawsuits, bad for publicity and all that.
Probable cause in this state usually applies to possible gang member or drug mule. It is extremely difficult to get a probable cause warrant on Joe Average Citizen here especially if you have no federal record.
It will take about 2-4 hours of BS then you will be released and likely whatever you were pulled over for will be dropped.
 
It will take about 2-4 hours of BS then you will be released and likely whatever you were pulled over for will be dropped.
Click to expand...

On a traffic stop, cops only have legal authority to detain you for the length of time it would reasonably take them to investigate the offense and issue a citation. There is no way that they could legally detain you on the side of the road for 2-4 hours, or anything close to that, while they wait for a warrant. Even if they are going to call a drug dog, if they can't get him there within 15-20 minutes or so, any search based on the dog will get thrown out if the only reasonable suspicion/probable cause they had was that you broke a traffic law. That is why you never see cops getting warrants to search cars on the side of the road.

This is a bit off topic, but I always like to address incorrect legal advice.
 
I think y'all need to step you game up. Somebody asked a similar question on another forum:

Illinois
Aurora
(§ 29-49) bans the possession, sale, or acquisition of large capacity feeding devices
(magazines with a capacity of more than 15 rounds).

Chicago
(§ 8-20-030(i) and 8-24-025) bans the transfer, acquisition or possession of assault
ammunition (any ammunition magazine having a capacity of more than 12 rounds).
Franklin Park

(§ 3-13G-3) bans the transfer, acquisition, possession, manufacture or distribution of assault
ammunition (any detachable ammunition magazine having a capacity of more than 16
rounds).

Oak Park
(§§ 27-2-1 and 27-1-2) bans the possession and sale of large capacity feeding devices
(magazines with a capacity of more than 10 rounds).

Riverdale
(§ 5.120.180 and 5.120.190) bans the possession, transfer, acquisition or manufacture of
assault ammunition (a detachable magazine box with a capacity of “more than 35 rounds
centerfire.”).


I guess this is another example of why taking legal advice from an internet message forum is a bad idea.
 
Mags empty??
Click to expand...

I don't care what impression I give.

I care about what is and is not legal.
Click to expand...

It's been a while since I've read it, but I do believe that the federal law protecting traveling with firearms across state lines (interstate travel) requires that they be "unloaded in chamber and magazine." The exception here would be if you are licensed / permitted / etc on both sides of the state line you're crossing.

What that protects is if you're AR is legal where you're starting from, and legal where you're going, but you've got to travel through Chicago, in Chicago you can't be cited for the rifle, though they may gig you for the loaded magazines. Thus, unloaded in chamber and magazine.
 
Good point.

I will be able to avoid the city of Chicago (and every other city listed above), so that is what I will do.

When I fly through Chicago I often have my 12-15 round Glock magazines loaded. I didn't think that one through well enough, apparently, so thanks for that heads up. I'll be unloading those magazines for airline travels there in the future
 
I may have to correct myself:

18 USC § 926A - Interstate transportation of firearms [link]

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.
Click to expand...

I guess nothing here actually covers magazines being loaded / unloaded, except the "readily accessible" language. If it's not accessible you should be good.
 
That law really says you have to be able to lawfully possess and carry such firearm at your destination to be covered by it? Really??
 
They don't seem to be good with definitions in this act, however "carry" seems to mean or include here "transport." You don't always have to be talking about CCW when talking about "carrying" firearms. They may be carried in the hunting fields, on ranges, transported, etc. Key language here is, I believe:

... 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...
Click to expand...
 
I almost got robbed near the United Center in Chicago a month ago during my trip. When I realized he had no gun, but just a club, "I told him he is messing with the wrong person because I fight in BJJ and martial arts competition," he just went the other way.
That's why I hate going to states that don't honor my state license.
 
That law really says you have to be able to lawfully possess and carry such firearm at your destination to be covered by it? Really??
Click to expand...

It means that you can not be a convicted felon, drug addict, under a order of protection for domestic violence or deemed mentally unstable. Same restrictions as for purchasing a firearm. In addition if you are a Illinois resident, you must have and be carring a State of Illinois FOID card.

The State of Illinois is not a gun unfriendly state, but a gun CARRY unfriendly one. Keep your case locked and you will have no problem.

Jim
 
Mag doesn't have to be empty.

Guns don't need to be in a separate compartment. You don't have to put them in your trunk, or whatever. Just unload them, and put them in a case.

Per Supreme Court ruling in IL, "Center Console or Glovebox" counts as a case.

So you can put a bare handgun and a couple of loaded magazines in the center console. No need to have them seperated or the handgun in a case or anything.

Rifles, obviously won't fit in most center consoles. :)

So put those in a bag, pull the upper and lower apart. (You can transport them if they're "broken down in to a non functioning state")

I will say this - Stay the hell out of Chicago.

They get NASTY with people who have guns in the car, even though LEGALLY you're allowed to transit through without being molested.
 
jim243 said:
It means that you can not be a convicted felon, drug addict, under a order of protection for domestic violence or deemed mentally unstable. Same restrictions as for purchasing a firearm. In addition if you are a Illinois resident, you must have and be carring a State of Illinois FOID card.

The State of Illinois is not a gun unfriendly state, but a gun CARRY unfriendly one. Keep your case locked and you will have no problem.

Jim
Click to expand...

My (soft sided) rifle case doesn't have a lock, and I don't think I have any of those little luggage locks that fit through zippers
 
One thing that seems not to have been mentioned is that it is not only Chicago you have to avoid but also Cook County (in which Chicago is located). They also have an AWB and a 10 round limit on magazines.

NukemJim
PS you do not have to have a lock on your case as long as it is closed all the way, tied shut or whatever
 
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