Travel through Illinois, not to Illinois

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1911 guy

1911 guy

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Will be travelling through several states and have no problem with reciprocity except IL.
"Safe Passage" law supposedly protects a non-resident who is not stopping other than food and gas.
However, I have found little help on the IL AG site, it is publications informing residents of IL law. Additionally I have heard secondhand stories of IL police arresting travelers despite "safe passage" being federal law.
So both legally and practically, am I better off casing the pistol in the trunk through IL or has this become a non-issue and just motor through?
If IL AG has something addressing this specifically, I'd appreciate a link.
Thank you.
 
Check out the Second Circuit's decision in the consolidated cases of Torraco and Winstanley v Port Authority of New York and New Jersey.

They pretty much shredded the protections notionally provided by 18 USC 926A (what you're referring to as the "Safe Passage Law").
 
Illinois is not nearly as bad as NJ or NY etc. If you have a CCW valid from your state you can carry while in your car only. Otherwise, cased and unloaded in the car,even in the passenger area, is lawful here. You can also have a loaded mag or speedloader provided it is not inserted in the weapon (if no CCW permit). ISP handles issues relating to FOID and CCW permits. https://www.ispfsb.com/Public/Faq.aspx There is not a statewide mag limit either and only AP ammo is banned by IL statute (along with some odd ducks like bolo shot, dragon's breath shotshell). I really wouldn't overworry about this but I get your concern.
 
Neo-Luddite said:
Illinois is not nearly as bad as NJ or NY etc. If you have a CCW valid from your state you can carry while in your car only. Otherwise, cased and unloaded in the car,even in the passenger area, is lawful here. You can also have a loaded mag or speedloader provided it is not inserted in the weapon (if no CCW permit). ISP handles issues relating to FOID and CCW permits. https://www.ispfsb.com/Public/Faq.aspx There is not a statewide mag limit either and only AP ammo is banned by IL statute (along with some odd ducks like bolo shot, dragon's breath shotshell). I really wouldn't overworry about this but I get your concern.
Click to expand...
So you have a valid CCW from your home state and you are carrying in your car. You stop to get gas and use the restroom, you have to unload, case, and lock up the gun?
 
Neo-Luddite said:
If you have a CCW valid from your state you can carry while in your car only.
Click to expand...

I would not even risk that in an anti gun state like IL, NY, or NJ.

Your strongest defense is to follow Safe Passage law to the letter. Firearm unloaded, locked up, ammo separate, neither in an area that is accessible to you while driving. Besides that there are several legal ways where you can ship your firearm ahead of you to where you will be to avoid the problem altogether.
 
1911 guy said:
Will be travelling through several states and have no problem with reciprocity except IL.
"Safe Passage" law supposedly protects a non-resident who is not stopping other than food and gas.
However, I have found little help on the IL AG site, it is publications informing residents of IL law. Additionally I have heard secondhand stories of IL police arresting travelers despite "safe passage" being federal law.
So both legally and practically, am I better off casing the pistol in the trunk through IL or has this become a non-issue and just motor through?
If IL AG has something addressing this specifically, I'd appreciate a link.
Thank you.
Click to expand...

Looks like IllinoisBurt has found your answer:

"IF A NON-RESIDENT IS VISITING ILLINOIS, HUNTING, OR TRAVELING WITH A FIREARM, HOW DO THEY LEGALLY TRANSPORT IT? Non-residents are not required to have an Illinois FOID card but must be legally eligible to possess or acquire firearms and ammunition as determined by their home state. In order to comply with Illinois statutes while transporting a firearm, it must be:1. Broken down in a non-functioning state; or 2. Not immediately accessible; or 3. Unloaded and enclosed in a case, firearm carrying box, shipping box, or other container. 4. A non-resident who has a valid Concealed Carry License from their home state may carry a concealed firearm within a vehicle traveling through Illinois. If the non-resident leaves the vehicle unattended, the firearm must be stored concealed in a case inside the locked vehicle or locked container within the vehicle out of plain view. For the purpose of subsection 430 ILCS 66/65(b), a “case” includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container."

"WHAT IS REQUIRED OF AN ILLINOIS RESIDENT OR A NON-RESIDENT WHO IS PROPERLY LICENSED AND CARRYING A CONCEALED FIREARM WHEN CONTACT IS MADE WITH A LAW ENFORCEMENT OFFICER?Upon the request of the officer, the licensee or non-resident will disclose to the officer that he or she is in possession of a concealed firearm or present the license upon the request of the officer per the Concealed Carry Transport Act. The licensee or the non-resident will also identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop. During a traffic stop, all resident and non-resident passengers are required to act in the same manner."

I'll be going through Illinois later this year, and intend to print out that page and have it with me. ;)
 
I take a two-tiered approach:

1. Lock it all up, carefully, in the bottom of the trunk.

2. Since their laws make it obvious they don't like you there, eat and gas up, before the Illinois State Line, stay on the Interstate
and don't stop, for anything, till you are out of Illinois. Do NOT spend one thin dime there.

Maybe someone, someday, will point out to lawmakers in Illinois, (perhaps their own Tourism Bureau)
that if Gun Control worked, Chicago would be Mayberry...
 
1911 guy said:
who is not stopping other than food and gas
Click to expand...
Which is not part of FOPA.
FOPA is not "carry" protection, but "transport protection" (and imperfectly in some States)

FOPA was enacted well before CHL became commonplace, and carry was given no consideration in its drafting.

There is this notion that "if you don't stop moving, you're legit." Which is more common in and near States that can be spanned in a mere few hours.

From 18 USC 926A Interstate transportation of Firearms:
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...

There is nothing there that says, "Except while changing a tire, or eating a sandwich, or fueling one's vehicle."

Sadly, most of the legal arguments about just what is "traveling" have all been argues at the State level and not Federal.
 
CapnMac said:
Which is not part of FOPA.
FOPA is not "carry" protection, but "transport protection" (and imperfectly in some States)

FOPA was enacted well before CHL became commonplace, and carry was given no consideration in its drafting.

There is this notion that "if you don't stop moving, you're legit." Which is more common in and near States that can be spanned in a mere few hours.

From 18 USC 926A Interstate transportation of Firearms:


There is nothing there that says, "Except while changing a tire, or eating a sandwich, or fueling one's vehicle."

Sadly, most of the legal arguments about just what is "traveling" have all been argues at the State level and not Federal.
Click to expand...

The guidance from Illinois sounds to me like if you want to go into a restaurant, all you need do is pop the firearm into the glove compartment (or case) and lock the car as long as you have a concealed permit from your home state.
"4. A non-resident who has a valid Concealed Carry License from their home state may carry a concealed firearm within a vehicle traveling through Illinois. If the non-resident leaves the vehicle unattended, the firearm must be stored concealed in a case inside the locked vehicle or locked container within the vehicle out of plain view. For the purpose of subsection 430 ILCS 66/65(b), a “case” includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container."

I realize that you were speaking more generally of the Federal code, but the above is really great to see. I drive from AZ to OH every other year, and it sure will be nice to not have to lock the revolver in a case and put it in the trunk any more. (Sometimes if time allowed, I would take a route that avoided Illinois altogether, like through Arkansas and Tennessee and then north from there. Plus, I'd get to avoid St. Louis, which is okay by me.)
 
You know, it's like getting stabbed with a knife every time someone lumps IL in with NJ, NY or Cali as far as RKBA because That just ain't so!
Remember that this is the state where the MacDonald decision was handed down; this is a shall-issue state. Chicago's decades-old defacto pistol ban and registration scheme IS NO MORE!

It is true the ongoing fight over RKBA is basically eternal here....but ILLINOIS IS STILL MORE FREE THAN JUST ABOUT ANY OTHER SO-CALLED BLUE STATE! And here ends my rant. Thanks! Mike Bishop, AKA "Neo-Luddite"
 
Last edited:
AZAndy said:
Looks like IllinoisBurt has found your answer:

"IF A NON-RESIDENT IS VISITING ILLINOIS, HUNTING, OR TRAVELING WITH A FIREARM, HOW DO THEY LEGALLY TRANSPORT IT? Non-residents are not required to have an Illinois FOID card but must be legally eligible to possess or acquire firearms and ammunition as determined by their home state. In order to comply with Illinois statutes while transporting a firearm, it must be:1. Broken down in a non-functioning state; or 2. Not immediately accessible; or 3. Unloaded and enclosed in a case, firearm carrying box, shipping box, or other container. 4. A non-resident who has a valid Concealed Carry License from their home state may carry a concealed firearm within a vehicle traveling through Illinois. If the non-resident leaves the vehicle unattended, the firearm must be stored concealed in a case inside the locked vehicle or locked container within the vehicle out of plain view. For the purpose of subsection 430 ILCS 66/65(b), a “case” includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container."

"WHAT IS REQUIRED OF AN ILLINOIS RESIDENT OR A NON-RESIDENT WHO IS PROPERLY LICENSED AND CARRYING A CONCEALED FIREARM WHEN CONTACT IS MADE WITH A LAW ENFORCEMENT OFFICER?Upon the request of the officer, the licensee or non-resident will disclose to the officer that he or she is in possession of a concealed firearm or present the license upon the request of the officer per the Concealed Carry Transport Act. The licensee or the non-resident will also identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop. During a traffic stop, all resident and non-resident passengers are required to act in the same manner."

I'll be going through Illinois later this year, and intend to print out that page and have it with me. ;)
Click to expand...
Thanks to both of you. :)
 
Regardless of reciprocity with ANY state, I'd comply with Safe Passage when just passing through any state - then you're covered.
 
Thank you all. Unfortunately, I'm just a passenger on the trip, the itinerary and route has been decided by others. But I'm committed to going (destination Kansas) because it's a memorial service in May. Again, thank you all for the help.
 
''...the above is really great to see. I drive from AZ to OH every other year, and it sure will be nice to not have to lock...''

''...you all. Unfortunately, I'm just a passenger on the trip, the itinerary and route has been...''

OK just to expand a bit further. What action does the non IL resident permittee (otherwise licensed for concealed carry within their home state) take, if an unscheduled stop overnight happens? Scenario; vehicle break down and have to do a hotel for one night while dealership fixes vehicle. Or for that matter even a scheduled stop I suppose.

What are the legal, safe storage procedures for hotel/motel please.
 
DoubleMag said:
''...the above is really great to see. I drive from AZ to OH every other year, and it sure will be nice to not have to lock...''

''...you all. Unfortunately, I'm just a passenger on the trip, the itinerary and route has been...''

OK just to expand a bit further. What action does the non IL resident permittee (otherwise licensed for concealed carry within their home state) take, if an unscheduled stop overnight happens? Scenario; vehicle break down and have to do a hotel for one night while dealership fixes vehicle. Or for that matter even a scheduled stop I suppose.

What are the legal, safe storage procedures for hotel/motel please.
Click to expand...

Unload and case the weapon in the vehicle and then carry it into your motel/hotel room. Once there, it is your lawful domicile. You can...literally....walk around all-day-long with a cased and unloaded weapon if you had to provided you don't, say, go into a building where guns are generally prohibited by Federal or State law. Personally, I'd try to be discrete and not strut around with an obvious gun case (so as not to ruffle someone's feathers and give them heart palpitations) but that is just manners and not the law.
 
There is nothing, not even free money, that would entice me enough to travel to, or through, socialist cesspool states that hate firearms. I also try really hard to not support business that resides in said state.

Bill
 
Dibbs said:
I take a two-tiered approach:

1. Lock it all up, carefully, in the bottom of the trunk.

2. Since their laws make it obvious they don't like you there, eat and gas up, before the Illinois State Line, stay on the Interstate
and don't stop, for anything, till you are out of Illinois. Do NOT spend one thin dime there.

Maybe someone, someday, will point out to lawmakers in Illinois, (perhaps their own Tourism Bureau)
that if Gun Control worked, Chicago would be Mayberry...
Click to expand...
That's my approach to that state. I fuel up and all at Terre Haute or before St. Louis. Lock the unloaded gun(s) in the trunk. It's only a little over 150 miles through the state on I-70. They don't need my money.
 
kcofohio said:
That's my approach to that state. I fuel up and all at Terre Haute or before St. Louis. Lock the unloaded gun(s) in the trunk. It's only a little over 150 miles through the state on I-70. They don't need my money.
Click to expand...
You do realize most of Illinois is rural and crime outside the urban centers is quite low. Guns are really, really common. Deer, goose, and pheasant hunting are big business there. Downstate folks absolutely despise the stupid rules which come out of Springfield (the capital). It's a large state with 102 counties, of which 7 pretty much control the vote. Everyone gets stuck with whatever silly ideas generate out of Cook county.
 
^^^^^^^^^^^^^^^^^^^^^^^
The problem with this is ideology, is that when you run afoul of the law, in Illinois, rural Illinois citizens aren't going to be interested in, or able to, save you.
AND, everybody from out of state falls victim to "silly ideas generate out of Cook County", which are strictly enforced state law, regardless of what all the Illinois Citizens in those kinder, gentler, rural Illinois Counties think, or do.

I'm sure these folks are all wonderful people, in a bad situation. But so are the folks getting horsed, by poorly thought out legislation, that targets innocent travelers.
 
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