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Guns in Illlinois without FOID

Discussion in 'Legal' started by JHK94, Nov 2, 2009.

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  1. JHK94

    JHK94 Member

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    I will be traveling by car this holiday season to visit my parents in S. Illinois. My CCW is valid in all the states I'm going through, except of course, my destination. The IL state police FAQ has a section saying that, if you are hunting in IL as an out-of-stater (and thus lack an FOID), you can bring your gun into the state, you just have to abide by all the other rules (eg, cased, in the trunk, unloaded).

    Does anyone know of any info about handguns? I was planning on carrying until I reach Eastern MO, then putting my pistol in a case in the trunk, unloaded, and maybe even field stripping it, as well.
     
  2. daskro

    daskro Member

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    Can't speak to the the hunting laws, but for non-il residents traveling through il a firearm must be a closed case. This can be anywhere from a soft case, hard case, or gun sock.
     
  3. Smithiac

    Smithiac Member

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    no need to field strip but ou must case and unload. If you have an out of state drivers license you do not need a FOID card that is only for IL reidents.
     
  4. charliehustle10

    charliehustle10 Member

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    what about if you travel through chicago city limits...
     
  5. Z-Michigan

    Z-Michigan Member

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    Chicago wasn't the OP's original question. Various reports (as well as my own opinion) are "avoid." You might want to start your own thread if you have a question that hasn't been addressed in anything you can find with a search.
     
  6. Lou McGopher

    Lou McGopher Member

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    What constitutes "unloaded?"

    In some states, the magazine may be loaded, but must be out of the gun for it to be unloaded. Other states say the magazine must be empty as well.
     
  7. Kleanbore

    Kleanbore Moderator

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    I live in MO. My understanding is that if you travel through IL (on a trip to another state), Federal law permits you to possess a firearm in a lockable container, unloaded, and with all ammunition in a separate lockable container. You may make reasonable stops for fuel and refreshments but you may not stay within the state overnight.

    I recently read that a functional handgun cannot be kept in a motorized vehicle otherwise except by IL citizens with the FOID. Can't lay my hands on it right now.
     
  8. Z-Michigan

    Z-Michigan Member

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    Firearms Owners Protection Act of 1986, a generally good law that also got saddled (through deceptive and likely fraudulent procedures) with the closing of the machinegun registry.

    Anyway, I'm posting with one clarification: you could legally stop for the night, using FOPA as protection, so long as you are on a continuous journey and your nighttime stop is not a destination but merely an incidental stop on that journey.

    The problem with FOPA is that any local police who either don't like it or are simply ignorant of it may hassle and even arrest you despite the FOPA protections. I would suggest carrying a copy of the relevant part of FOPA and perhaps a written itinerary with you to show any officer who claims you're violating the law, but I would not assume that such preparation would keep you out of trouble in a gun-hostile state.

    I also suggest staying completely out of Chicago and Cook County (also NYC and a few other choice urban areas), because I am skeptical of their willingness to follow the mandates of federal law even when they don't have any (legitimate) choice. Of course, anyone who has lots of free time and lots of money for lawyers may wish to disregard my suggestion and perhaps be a test case that will make travel legally safe for the rest of us in the future. Last I knew there was a pending lawsuit against NYC over the issue of legal travel, but I do not know of it having been resolved.
     
  9. alex_h

    alex_h Member

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    in IL the mag must be unloaded and ammo kept in a difrent container.
     
  10. Onward Allusion

    Onward Allusion Member

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    http://www.isp.state.il.us/foid/firearmsfaq.cfm

    ...and of course stay out Chicago.

    "If a non-resident is coming to Illinois to hunt and would like to bring their firearm, how do they legally transport it? Non- residents must be legally eligible to possess or acquire firearms and ammunition in their state of residence. It is recommended that, in order to be in compliance with all statutes, non-residents transport all firearms:
    1. Unloaded, and
    2. Enclosed in a case, and
    3. Not immediately accessible or broken down in a nonfunctioning state.
    Is it legal to have ammunition in the case with the firearm? Yes, so long as the firearm is unloaded and properly enclosed in a case.
     
  11. JHK94

    JHK94 Member

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    I looked at the site Onward Allusion noted, and that was what really confused me. I am not there to hunt, nor will I be in possession of a hunting firearm. :/
     
  12. Bix

    Bix Member

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    Got a source for that?

    The following is not legal advice. You should never get legal advice off the errornet - in particular, you should never get legal advice in errornet gun forums:

    430 ILCS 65/2(b) enumerates various exceptions to the FOID requirement. Per subsection (9), 'Nonresidents whose firearms are unloaded and enclosed in a case' is one such exception.

    ILCS here:

    http://www.ilga.gov/legislation/ilc...tName=Firearm+Owners+Identification+Card+Act.

    You should, of course, consult your attorney before relying on anything you found on the internet.
     
  13. NukemJim

    NukemJim Member

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    From my understanding ( IANAL) the above is no longer correct.

    Also do not forget that Cook County (the one Chicago is in) has an AWB ( known as "Cook County DEADLY WEAPONS DEALER CONTROL Ordinance") with a 10 round limit and many firearms listed. Please see

    http://www.cookctyclerk.com/html/111406orddoc.htm

    and scroll down to the almost to the bottom.

    NukemJim
     
  14. Blackbeard

    Blackbeard Member

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    FOID card is only required for IL residents. All people, resident or not, are prohibited from transporting loaded weapons. If you have it unloaded and cased, you will be fine. You don't have to unload the magazines. I recommend keeping it in the trunk until you leave our fine state.

    P.S. Stay away from Chicago.
     
  15. Onward Allusion

    Onward Allusion Member

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    Yeah - That's Illinois for you... The site is the Illinois State Police site. The folks that handle the FOID processing.

    Like most folks said - Stay out of Chicago, keep the gun cased, unloaded, and in the trunk - you should be fine.
     
  16. mptrimshop

    mptrimshop Member

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    I'm a resident...and i have a FOID card. I sometimes keep my P89 in my trunk in my case....now i have the gun unloaded, but i keep 3 loaded clips in the case to..is that ok. I asked a cop once and he really didn't have an answer( i live in a smaller town). he just kinda worded it like hey" don't be dumb with your guns and act like a thug and you will be fine nomatter where you have them"
     
  17. alex_h

    alex_h Member

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    when i applied for my foid card i rember it from then but i can not find it now on the IL state police website. with this being IL though it would be a good practice.
     
  18. mptrimshop

    mptrimshop Member

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    i don't think the the law is to clear here.... i think thats why the cop really didn't have an answer for me....thats scary cuz thats how ya end up in jail...and losing your right to owen fire arms
     
  19. Bix

    Bix Member

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    I don't believe that is the law in Illinois. This post does not constitute legal advice. :D

    10th question from the bottom on the ISP website indicates that ammunition may be transported in the case with the firearm:

    http://www.isp.state.il.us/foid/firearmsfaq.cfm

    This (dated) pamphlet posted at the ISP website indicates that "The location of ammunition being transported, including ammunition being transported in loaded magazines, is not regulated if the firearm is possessed or transported lawfully"

    http://www.isp.state.il.us/docs/transgun0-000.pdf

    This issue has been addressed numerous times on this forum. A search will turn up plenty of threads (some with similar bad information), but ISP2605 summed it up nicely in July:

    http://www.thehighroad.org/showpost.php?p=5729317&postcount=11

    Incidentally, I would agree. As has been pointed out, the ILCS is not a model of clear legislation on this issue, and you may have the misfortue of running into a cop who understands the statute differently. Not a bad practice to load mags at the range.
     
    Last edited: Nov 3, 2009
  20. scout26

    scout26 Member

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    IANAL, but I am a Illinois DNR Hunter Ed instructor.

    From the Illinois State Police website: http://www.isp.state.il.us/foid/firearmsfaq.cfm

    Finally, don't do anything that will attract the attention of the police.
     
  21. mptrimshop

    mptrimshop Member

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    thx scout... i'm takin the hunter safety at the bass pro.... don't supos you are the guyt teaching it
     
  22. creepiE

    creepiE Member

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    Hello all...I live in Illinois, and have a few tips for transporting.

    -ensure that any firearm or anything related, is not in plain view.
    -carry the firearm in a case, unloaded, in a trunk, or behind a seat.
    -have the ammo in a seperate area of the vehicle (no access) away from the cased firearm

    Its all about the firearm being "readily available." IMO I would have a firearm with a trigger lock. Being from out of state, one can become a target for theft. Better safe than sorry.

    If you are going thru Chicago use the Tollway as they are patrolled by State Police, rather than the local authorities.
     
    Last edited: Nov 3, 2009
  23. scout26

    scout26 Member

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    Nope, not me teaching there.
     
  24. Neo-Luddite

    Neo-Luddite Member

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    Chicago law specifies that non-Chi residents MAY transport through the city if the weapon is cased/unloaded etc (trunk is a good idea). Remember, O'hare is *in* Chicago and you may fly out of there with a checked pistol or even an AR, etc. if properly cased and unloaded. If you want to read the oodles of insane gun laws specific to Chi, the ISP has them posted along with the other local/city gun laws on a site here:
    http://www.isp.state.il.us/foid/ordinances.cfm

    Buried on page on or two is the exemption for folks just passing through. From there, the laws get *VERY* bizarre---beyond words bizarre.

    All this asside, just keep a low profile and don't do the 'happy dance' with your hardware flashing about. Yes, Chicago is run by a crazed little warlord but even he doesn't want out of towners to NOT spend their money in his fiefdom.


    And 'downstate' (or far Northwest, too)---no worries; cased, unloaded is fine.
     
  25. Superblackrifle

    Superblackrifle Member

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    um former Chitown resident here. If you get caught it is a felony and kiss your investments goodbye. Some dirty cop will find a nice home for'em.
     
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