Flying out of Chicago with checked gun?

[Rustynuts]

My wife will be traveling from Florida to Chicago by car, then flying back. She has Florida CCW so can carry in every state on the way, BUT Illinois naturally. Question is can she get the gun back with her by checking it normally at the airport?

I know she can travel with it in Illinois unloaded and locked separately from ammo per the Federal safe transit law, but the problem is the Chicago airports. I assume safe transit still applies getting to the airport and checking the gun normally with TSA. But with Chicago anything is possible. Anyone do it successfully flying out of Chi-town?

 

[Car Knocker]

As I recall, FOPA requires the possession of the firearm to be legal both at the point of origin of the trip and at the destination. Chicago is her destination after leaving Florida. I don't believe that her possession of a handgun in Chicago is legal. Therefore, she is not protected by FOPA. Let me find it:

§ 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.

 

[GhostlyKarliion]

Illinois doesn't honor her permit anyway, can she get out of the trip?

 

[grimjaw]

If she could legally possess the gun in Chicago, it wouldn't be an issue. I had the same problems when I was living in Washington state but working in Washington D.C. (go go Heller). I ended up having to leave the guns on the west coast.

jm

 

[GHF]

Is She Stopping in Chicago

IF she stays overnight, for example in Kentucky, then drives into Chicago, drops off the car and immediately goes to Midway, she would follow under the Don Young letter regarding changing modes on the same trip.

http://www.anjrpc.org/DefendingYourRights/us%20letter.pdf

U. S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
February 18, 2005


The Honorable Don Young
U.S. House of Representatives
Washington, DC 20515


Dear Congressman Young:

Thank you for your letter, dated June 18, 2003, to Admiral James M. Loy, then- Administrator of the Transportation Security Administration (TSA), concerning the applicability of 18 U.S.C. section 926A to persons at airports in New York State who are taking flights to destinations outside of New York. Because section 926A is a provision of the Gun Control Act (GCA), which the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces, TSA forwarded your letter to the Department of Justice for response. We apologize for the delay in responding.

In your letter you explained that local police officers in New York have threatened several individuals at John F. Kennedy International Airport and Albany International Airport with arrest for firearms possession based on strict State laws, and that in at least one case the firearms were confiscated. You explained that: (1) the people carrying the firearms were not prohibited from possessing firearms under Federal law, (2) the people had apparently traveled directly, without any interruption in the transportation, to the airports from other States where they legally could possess firearms, (3) their firearms and ammunition were secured in accordance with all applicable regulations for airline travel, and (4) they were flying to other States or countries where they could legally possess firearms.

You then asked if TSA agrees that section 926A enables these travelers to possess the firearms legally in the New York airports and if so, if TSA would inform local police and prosecutors about this provision of the GCA. We appreciate your bringing this issue to our attention. The Department of Justice agrees that the provisions of section 926A apply to the situation set forth above assuming: (1) the person is traveling from somewhere he lawfully may possess and carry a firearm; (2) en route to the airport the firearm is unloaded and not accessible from the passenger compartment of his car; (3) the person transports the firearm directly from his vehicle to the airline check-in desk without any interuption in the transportation; and (4) while carrying the firearm to the check-in desk it is unloaded and in a locked container. This interpretation reflects the apparent congressional intent in enacting this provision, while allowing State and local law enforcement to continue to enforce their firearms laws aggressively to promote public safety. We will inform the applicable law enforcement authorities of our interpretation of section 926A.

We trust this information responds to your inquiry. If we can be of further assistance, please do not hesitate to contact this office.

Sincerely,





William E. Moschella
Assistant Attorney General

She would then be continuously on the move from Kentucky. She can not do anything but drive, get to the airport someway, and check the gun. She should not visit with anybody - if the car is being turned over to a relative, for example, they would make the switch at the airport at the Departure level, not at the person's home.

 

[El Tejon]

Stay the night in Merrillville, Indiana and then DHL/Fed Ex the pistol back to Florida? I've heard horror stories about CPD attempting to steal guns at Chicago airports.

 

[Rustynuts]

I had thought about the mailing routine in Indiana. She ended up traveling without. Something that never really should have to happen due to uncertainty. What we need is a CLEAR national safe passage law. Sure she can't carry in Illinois, but there should be no reason why she can't travel there, visit, and leave with it locked, unloaded, in the trunk. Should be no question at all if she's legal to own and carry in home state.

Honestly, I almost think we'd be better off with a central government sometimes (as long as they make the right decisions!). The way it is now we have 50 independent countries trying to play nice with each other. Look how well the UN works!

 

[El Tejon]

What we need is a CLEAR national safe passage law.

We do, emphasis on the passage. She was not passing, her destination was Chicago.

Sure she can't carry in Illinois, but there should be no reason why she can't travel there, visit, and leave with it locked, unloaded, in the trunk.

You and I certainly agree, but Chicago disagrees. We will have to wait post-Heller and the coming third and fourth wave of litigation.

Honestly, I almost think we'd be better off with a central government sometimes (as long as they make the right decisions!).

Well, we do have a federal government which, via Amend. XIV, §5, is to protect our rights. Of course, government has long shifted from protector of liberty to tormentor in chief.

 

[massad ayoob]

I've been flying in and out of O'Hare for 35 years with handguns in checked baggage and never had a problem there. However, I don't know how much of that is due to O'Hare being located physically outside Chicago, in Rosemont. Can't speak for Midway, which I believe is in Chicago proper, though the few times I was in and out of there I never had a problem, either.

Check with Illiinois State Rifle Association, which IIRC is at www.isra.org.

 

[Neo-Luddite]

OK, Chicago's OWN law allows for non-residents to have broken down cased firearms that they lawfully own in their place of residence in the city.

That *IS* their law. Along with the many 1000's of INSANE things in Chi--YOU DO HAVE A RIGHT OF LAWFUL TRANSIT AND OWNERSHIP of your weapon--yes, even and AR-15, handgun, etc.

ANd you may fly out of the airports in Chicago and drive in the city subject to those terms.Here is a link to their law--


http://www.isp.state.il.us/docs/ordinances/chicago.pdf

This said, discretion is the order of the day. Know and follow all airline specific rules regarding ammo, and TSA rules.

No worries--contrary to popular belief, most Chicago police are responsive to basic courtesy and logic and have little desire to make extra work--and besides THEIR LAW IS ON YOUR SIDE ALL THE WAY 100% ON THIS.

 

[Neo-Luddite]

(psst--btw massad ayoob--Chi anexed ORD from Rosemont under Jayne Byrne--to get the tax revenue.
But as said, Ohare is pretty cool on travel with guns AFAIK--I've had pals fly with AR's, Fals, etc--no prob). A professional demeener helps.

 

[Soybomb]

YOU DO HAVE A RIGHT OF LAWFUL TRANSIT AND OWNERSHIP of your weapon--yes, even and AR-15, handgun, etc.

The problem is that people who should be protected by FOPA do still have problems sometimes. People that transport guns legally according to Illinois state laws sometimes get arrested. Its worth it to always check into the possibility of being right but still having some problems if you're going to a gun unfriendly place.

 

[Neo-Luddite]

True enough--it's always who is doing the what that counts. You have to do your homework if you don't know from personal experience.