Cloudy scenario

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Ok guys here's my problem,

I am going to visit my girlfrind who goes to school in Missouri and I live in Indiana. I'm wanting to take my handgun with me just because ill be in an unfamiliar place and driving almost 6 hours across the country ( just keeping it in the vehicle and not carrying it on my person). Now here is where things get cloudy. I dont have a carry permit, so would it be legal if I put the gun in it's case (unloaded, but with a full mag in the case) and placed it underneath my seat or perhaps in the pocket on the back of the seat. I presume it would be fine as its basically the same situation as if I was heading to the range. And finally say for some reason I had to use the weapon (while getting gas, broke down on the road, etc.) what would be the legal consequences? Say hypothetically, I was getting gas and someone trie to rob me with a gun or what not, and I happened to get mine out and use it in self-defense, it would be somewhat of the same situation as if I had used the gun inside my home ( being that one doesnt need a permit to carry inside their house.) So, let the disussion begin I suppose.
 
NO don't put it in a box under the seat. Just type in GUN LAWS IL (search) and read the law. Check every state your driving in.
 
Not really "cloudy" at all!

To pass through IL legally, you should be following the FOPA'86 guidelines very carefully.

Secure the unloaded gun in the trunk, drive within a mile or two of the speed limit, and don't stop except for the most dire necessities while in IL. This pretty much precludes you using the gun in self-defense.

I'll assume you know your own state's laws, but you can find them and those for MO here: www.handgunlaw.us

You may not carry it in a vehicle accessible (or with ammo accessible) in MO unless you have a license/permit to carry recognized by MO.

You may not carry a handgun in a vehicle in IN, either, unless you have a license.
 
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Unless it is too far, why not just drive around through Kentucky? They have much friendlier laws than Illinois.
 
Ya I realize Illinois is terrible when it comes to guns, I actually live on the state line and have to be careful of what land I shoot on.However on the Indiana side of things my friends and I have been pulled over before with guns in cases inside a vehicle and they were CLEARLY visible and the officer even saw them and didnt say anything ( although he could have just been very pro-gun or not cared at all.) I dont wanna stop in Illinois for anything believe me, I know how they can be and when I travel thru the gun will def be in the back unloaded and locked per their requirement because I will only be in Indiana for about 10 min. from where I live until I cross over into Illinois. But being as the gun is in my vehicle and hidden, and if I had too I could even put the mag in the console and the gun in the back, im not really worried about being pulled over and the police searching my vehicle, because although I know the term is very broad, I doubt they would have any probably cause too, and if they asked to search, then in that case I dont consent to searches as is my legal right. I was just more curious from the stand point of actually having to use the firearm while in the vehicle or within reach and not having a permit. Say I was broke down and someone came up on me and for some reason I had to use it, what would the repercussions, if any, be?
 
Also, Art Eatman posted in the "Texas vehicle carry laws without CHL" threa a couple down from this one that quote; "The legislature finally changed the law so that if your handgun is concealed while you have it accessible in the car with you when you're driving around town or across the state, you are by definition "travelling". The law now recognizes the long-held and numerous court decisions which declared that a traveller had the right to have a handgun as a means of self defense.
You must take the usual precautions upon exit of the vehicle when not on your own property. No carry, locked away, all that practical stuff.


Granted this deals with Texas law I would assume, however what court cases is he referencing and could/are they applicable for this situation?
 
Ok well I am over 21 (22 haha) so what you are saying COMPNOR and from what the website says is that in Missouri im fine with the gun in a case or even in a holster loaded or empty, as long as its in the passenger compartment. So im assuming I would be fine with the gun cased (loaded) in the glovebox, OR could I, as soon as I hit Missouri, take it out of the case and place it in the glovebox loaded?
 
I was just more curious from the stand point of actually having to use the firearm while in the vehicle or within reach and not having a permit. Say I was broke down and someone came up on me and for some reason I had to use it, what would the repercussions, if any, be?

If you had to use it, whether or not you had a permit would be the least of your worries. I've read several times that pulling the trigger will most likely cost at least $50k to defend, and often times more than $100k. Of course sometimes, if it is a clear cut case, no charges will be filed and it won't cost anything.
 
ConfederateHoosier, you can pretty well book it and take it to the bank that the gun laws of one state are in no way applicable to another state. I guarantee you that there is some sort of very important difference between the gun laws of practically every state.
 
On the seat???

ljnowell

Can you give me the site in ILL Stats that supports your statement
 
Incorrect.

You can have a firarm in your vehicle, loaded or unloaded. The only stipulation is that you have to be 21 or older.

COMPNOR is right! The wording at handgunlaw.us was a lot less clear than the MO sheriff's FAQ, but they both do say the same thing.

Carry in the car in MO is legal if you're over 21. Cool!
 
ljnowell

Can you give me the site in ILL Stats that supports your statement

Well, I'm not ljnowell, but read the handgunlaw.us page on IL: http://www.handgunlaw.us/states/illinois.pdf

He's right as far as he goes. In fact, even the center console of a car is considered a "case" -- http://www.handgunlaw.us/documents/ILSCRulingConsoleIsACase.pdf

The two problems are:
1) To be legal you have to have an IL FOID card -- not sure how that works for non-residents.

2) There is no "preemption" so cities and towns in IL can ban firearms beyond what the IL state laws say. You'd have to check with each town you'd pass through to see if you'd be legal there.
 
As far as the question of the self-defense goes...

If your car was broken down -- and you had time to retrieve and load your gun -- and you shot someone in clear, uncontested, self-defense ...

No one can say exactly how it would play in court. Even assuming that it WAS uncontested self-defense, sometimes DA's overlook the fact that the defender was violating a gun law and sometimes they try to nail folks to the wall over it.

The best bet would be to be as clearly legal as possible.
 
IL resident here.

Here's the IL state police brochure on transporting a firearm. It's a little easier to read than trying to seek out the laws on your own:
http://www.isp.state.il.us/docs/1-154.pdf

Basically there are two laws in IL that govern transportation, and they're slightly contradictory, so it's better to go with the more restrictive one.

In short, you need the weapon
1) Unloaded
2) In a case designed for firearms (do not put it in your console, glove box, seat pocket, etc). Fully enclosed! (zippered, snapped, etc). A holster does not count as it isn't fully enclosed.

It doesn't matter where in the car the case is. As somebody else mentioned, you can have the gun and a loaded mag in the case on the seat next to you.
 
2) There is no "preemption" so cities and towns in IL can ban firearms beyond what the IL state laws say. You'd have to check with each town you'd pass through to see if you'd be legal there.

The only remaining local laws in IL that restrict what you can possess are "assault" weapon bans. Cook county definitely has one, but I'm not sure about elsewhere in the state.
If you will be transporting an AR-15, or other rifle with a pistol grip, compensator, etc - then definitely check with local laws.

There used to be a couple places that banned handguns, but McDonald threw that out the window :D

And for what it's worth, the IL Supreme Court just announced the other day that a losing lawsuit against "assault" weapon bans needs to be reconsidered in light of McDonald. :)

IL is getting better. Once we get those bans invalidated, all that's left is CCW and we'll be in step with the rest of the country!
 
Art,I was mainly using your prior post as a reference and the only part I felt that applied to this situation was the "long-held and numerous court decisions which declared that a traveller had the right to have a handgun as a means of self defense". If these were federal cases, then I am sure they could have set a precedent that I was unaware of as to the legalities of traveling with a weapon, however if they were Texas state court cases then no they dont hold any relevance I suppose.

Ok, so the general consesus seems to be that while im in Illinois the gun is cased/unloaded, location in the vehicle doesnt matter. Then when I cross the border in Missouri(going to Kansas City btw) I can then remove the pistol from its case, load it and place it into a holster and put it into the center console of the truck (concealed).

However I'm still not clear on the self-defense issue. If I was in Missoui and was acosted while inside the vehicle ( my personal property) and in the end had the legal right to use deadly force and did, I cant see how this would lead to civil/criminal charges (unless Missouri doesnt provide protection to the gun owner from civil suits) I'm not saying it couldnt lead to a costly trial and what not, just that I dont see how it would.
 
I recommend you consult an attorney in Indiana, who is licensed to practice in Illinois also. Tell him/her your issues and questions.
You should expect to spend $100-200 for a consultation/review on this issue.
Consider it money well spent. Assumedly, you'll be making this drive a few times. It's better to be safe than sorry. Know where you stand legally. I'll bet no one who has posted in response to your question is an Illinois licensed attorney. So, get your facts straight-----NEVER-----rely on an internet message board as a replacement for legal representation.
 
Well Publius my problem isnt so much with Illinois as much as it is with Missouri. I live on the state line of Indiana in a city called Terre Haute. From where I live it literally takes me about 4 minutes once I get on I-70 to be in Illinois, so im not too concerned with Indiana's laws ( as I dont normally have a gun in the vehicle unless going shooting or what not.) So at the start of my journey the gun will be cased and unloaded, and more than likely in the compartment behind my seat. I've realized through this thread that basically using my gun in self-defense while in Illinois is out of the question-unless my life is in grave danger, as the old saying goes "I'd rather be judged by 12 than carried by 6."

What im asking, and I realize that whatever feedback I recieve IS NOT legal advice, is would it be reasonable for me to expect to be in any legal trouble, if while in Missouri I had to use my firearm for whatever reason to defend myself while in or around my vehicle AND not having a permit to carry on my person?
 
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