20 minutes in Illinois

[beachwalker]

We ccp's and will be driving home from Florida to the Lake of the Ozarks in Missouri.

Over the years we have do so on many different routes, however the shortest one by far involves cutting across the very bottom tip of Illinois to get across the Mississippi to the boot heel of Missouri.

I've heard the laws in Illinois are very strict. Think it's worth the risk?

We'll have two glocks and a ruger lcp in a small two seater sports car.

Thanks much

 

[plainsbilly]

unload and case and you wont have a problem

 

[Sam1911]

Yup. Follow the FOPA '86 rules (Mcclure-Volkmer act) and you can travel all the way across the state legally (just make sure you're driving straight through).

Before you enter the state, unload, case, put them in the trunk, and leave them there until you're on free soil. (If you can't put them in trhe trunk, LOCK the cases. Probably a good idea anyway.)

You certainly can't be carrying them with you for one minute you're on IL turf.

 

[dovedescending]

My bro's inlaws live in Illinois. He can carry in every state on the way, then has to lock his gun away before they hit the border. Grinds his gears...

 

[308win]

Heed the advice - Illinois is not a 2A friendly state when it comes to carry and the Illinois State Police are a true police force with the accompanying jurisdiction authority, not a highway patrol. Don't give them any reason to pay attention to you.

 

[Phatty]

Even though that area of Illinois is pretty remote, it's patrolled regularly by the state police. On average I'd say there's a police vehicle doing a speed trap about every 30 miles.

Now, the chances are remote that you'll get pulled over if you're not excessively speeding (80mph+) . And even if you do get pulled over for a traffic violation, the cop will likely just give you a ticket and never discover you were carrying a gun. The most likely way the police would discover that you are illegally carrying is if you get into a car accident and need medical attention or other out of the ordinary events.

But the very, very slight chance that your gun is "discovered" by the police, is too big a risk to take when you take into account the harsh penalty and the minimal hassle of unloading and casing your gun for the Illinois portion of the trip.

 

[Tim the student]

I don't think its worth the risk. I wouldn't do it personally. If you want to stay armed, I think you should do it legally and not go into Illinois.

 

[Mr.Davis]

You can legally carry the guns through Illinois. Guns are not banned there (though the elitists in Chicago would love to do so). Follow the advice of others in this thread that suggest unloading and placing the guns in a locked container in the trunk for the duration of your trip.

Oh, and try not to hurt any bad guys. Illinois is a Wild Bad Guy Reserve.

 

[wildbilll]

(just make sure you're driving straight through).

I am curious where you get that part from?

Do you mean I can't stop and buy gas, eat, sleep at a motel or fly into the state and then rent a car to continue to my ultimate destination without violating the FOPA exception?

How about the IL non-resident gun laws that say that if you have the gun unloaded, in a locked case or broken down into a non-functioning condition that you are in compliance with the laws in IL?

 

[Sam1911]

I am curious where you get that part from?

It's part of the FOPA. As long as your guns are being transported in accordance with the law, you are protected from having to conform to firearms possession law of a particular state by the federal safe travel provision, as long as you're just passing through a place. If the place is your destination, or you're going to make a lengthy pause there, you'll have to conform to the gun laws of that place.

Do you mean I can't stop and buy gas, eat, sleep at a motel or fly into the state and then rent a car to continue to my ultimate destination without violating the FOPA exception?

That's a pretty gray area. A stop for gas or a burger is probably fine. Airports can be very tricky, though it should be o.k. Some states have a bad reputation for being very strict about it. This is why most folks traveling with their guns through NJ, for example, are told, "Drive the speed limit, fuel up and eat before you cross the border, and don't stop, period." There have been some pretty egregious abuses over the years. One that sticks in my mind involved someone passing through with his AR-15 who's car broke down.

An overnight stay gets pickier yet. If you're stopping to see the sights, go shopping, hanging out with friends or whatever in that state, you can't claim FOPA protection.

How about the IL non-resident gun laws that say that if you have the gun unloaded, in a locked case or broken down into a non-functioning condition that you are in compliance with the laws in IL?

FOPA establishes a baseline. If the state you are in is LESS stringent about it, then you don't have to stick to the FOPA standard. Sounds like the IL law you're paraphrasing is pretty close to the FOPA standard anyway.

 

[Deanimator]

Not worth it.

Disarm and put the guns in the trunk the way I do when I drive to St. Louis from Cleveland. I carry all the way from Cleveland to the Indiana-Illinois border, disarm there, make the short drive across Illinois and rearm after crossing into Missouri. Look up FOPA and follow its requirements.

I hate being in Illinois at all. I sure wouldn't want to be in prison there.

 

[308win]

I do the same as Deanimator except I must be going to a different Illinois as I don't consider the drive from the Wabash to the Mississippi a short drive.

 

[XxWINxX94]

As a resident of Illinois, I think you will be just fine, as long as your firearms are unloaded, in a closed case. I live in the northern part of Illinois, and the gun laws vary depending on where you are. Cook county is a little different.

You should have no worries, just keep em in a case, unloaded.

 

[Pickles]

I agree with XxWINxX94:

Stay out of Chicago and the surrounding suburbs and Cook County all together and you will be fine. I lived in Illinois until I was 30 and hung out a lot in Rockford with my father, going shooting almost every other weekend, and never had a problem.

 

[leadcounsel]

Unfortunatley some of my travels takes me through anti-gun IL too. I just follow the laws and grit my teeth. IN exchange for not allowing me to exercise my 2A rights in IL, they get ZERO of my dollars. I fuel up and stock up on any food, snacks, drinks, etc OUTSIDE of IL and gain some satisfaction that I'm using IL roadways and not contributing to the anti-gun state. I encourage you do follow suit.

 

[wildbilll]

Try reading this to understand the concept: http://www.handgunlaw.us/documents/doj_doc_nyc_air.pdf

and where does it (FOPA) say I have to be in a motor vehicle? Walking or riding a bicycle does not allow me the protections of this law?

 

[Sam1911]

Try reading this to understand the concept: http://www.handgunlaw.us/documents/doj_doc_nyc_air.pdf

Yup, that summs it up pretty well.

where does it (FOPA) say I have to be in a motor vehicle? Walking or riding a bicycle does not allow me the protections of this law?

There is no language about what specific mode of transporation a traveller has to use. Did you think you had to be in a car?

TITLE 18 > PART I > CHAPTER 44 > § 926A says:

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.

Now, mentions of "the passenger compartment of such transporting vehicle" etc. seems to presuppose transport by motor vehicle, but it seems reasonable that you should be protected if you decided to travel by bike or foot and take your guns with you. They would undoubtedly have to be in a locked case, at least, as it is hard to imagine how much less accessible you could make them if you were carrying them on your person.

Now where you're likely to run into trouble in some places is that if you were to spend days or weeks walking across a state you may truly be travelling through and not making that state your destination (presuming the firearms would be illegal there otherwise) -- but you may have some tense moments ... or weeks ... getting local law enforcement to accept your version of things and that FOPA does still limit their ability to act against you.

While you may very well be within your rights, there could be some lawyer's fees involved before you've got your guns back and you're safely on your way again. That sucks, but not eveyone everywhere (even behind a badge) is as enlightened as we are here.

 

[sarge83]

I had to go to Illinois last summer and disarm and case my firearms at the border. My 12 yr. old son asked me why I was doing that?

Well the politicians and the police of Illinois, I explained didn't want to take the chance that any of their criminal voting element would be hurt while committing a crime so the good guys have to disarm...

 

[joe_security]

Illinois law bans carrying anyplace except your home, apartment, abode or on property that you own. Case the unloaded gun, place in the trunk and you will be fine.

 

[deadin]

You know, if you go to to Wickliffe, KY and take US62 to Sikeston, MO as soon as you get off the bridge over the Ohio river, take a left and take the bridge over the Mississippi (Don't go through Cairo), you will spend maybe a minute or two in IL. You can get back on I57 at Charleston, MO if you don't want to follow 62 into Sikeston.
I travelled that route daily for about 6 days last week and didn't see a single State Police car.
I

 

[MisterMike]

Well the politicians and the police of Illinois, I explained didn't want to take the chance that any of their criminal voting element would be hurt while committing a crime so the good guys have to disarm...

You should take the cops out of that statement. Most that I know support concealed carry--they know that the criminals hunt with impunity, knowing that their victims are unarmed. Ninety percent of the sheriffs in Illinois support concealed carry: http://ilsheriff.org/Press%20Release%202009-1%20Conceal%20Carry%20Resolution.pdf

It's the Chicago dems, who have a stranglehold on the entire state, who have been calling the shots on this issue for years.

As to the OP, the answer is to unload and case them through Illinois. Constitutional rights resume as you leave.

 

[sarge83]

You should take the cops out of that statement. Most that I know support concealed carry--they know that the criminals hunt with impunity, knowing that their victims are unarmed. Ninety percent of the sheriffs in Illinois support concealed carry: http://ilsheriff.org/Press Release...Resolution.pdf

It's the Chicago dems, who have a stranglehold on the entire state, who have been calling the shots on this issue for years.

As to the OP, the answer is to unload and case them through Illinois. Constitutional rights resume as you leave.

I can see your point on the rank and file cops. That being said they are enforcing bad law. I have relatives in Illinois and they despise Chicago's iron clad grip over the rest of the state.

 

[Toaster]

I live in cetral Illinois. The area that you will be driving through is sparsley populated and if you make any stops I'm sure you will find the locals to be as good as any people any where else. Just comply with the law- unload, case , and place in the trunk. You will be fine.
Yes, Illinois has the worst ( stricktest) gun laws, but I can assure you that there are not state police anti-firearm ninjas waiting at the state line, ready to pounce upon you, confiscate your guns, and send you off to prison without due process.
Southern Il is comprised mostly of Shawnee National Forest, it's a beautiful scenic drive and well worth seeing. Enjoy!

 

[Blue .45]

Just comply with the law- unload, case , and place in the trunk. You will be fine.

With regard to this. Didn't the Illinois State Supreme Court rule in the Diggins case, that it is acceptable to transport an unloaded firearm in the center console of a vehicle?

From the ISRA:

http://isra.org/alerts/alert_10092009_diggins.shtml

The Supreme Court has clearly held that the center console in a motor vehicle is a "case" within the meaning of section 24-1.6(c)(iii). That section contains the exemption language regarding transportation of firearms. The Supreme Court found that the term "case" in the cited statutory section includes any portable or non-portable receptacle and need not be interpreted solely to firearms.

I don't want to steer anyone wrong, but I thought someone here with legal expertise, might be able to clarify this.

 

[W.E.G.]

Don't assume that the local PD knows (or cares) about FOPA.

If you get caught with a gun somewhere you aren't allowed to have it, but for FOPA, expect to be arrested.

That's the way the real world works.