Illinois Legal Carry

Status
Not open for further replies.
2

223_AR

Member
Joined
Jul 24, 2007
Messages
77
Location
Illinois
I recently had to take a hunter safety class as i live in illinois and was born just after the cutoff for not having to take the class. Well there was a DNR officer that came into the class and discused firearm transportation and i thought it would be a good time to clarify some stuff with him regarding concealed carry in illinois.

Since they dont issue permits in illinois we went to the laws and rules regarding the transportation of firearms. In Illinois the law states that when you possess a firearm for transportation whether it is ON YOUR PERSON or in your vehicle it has to be inclosed in a case designed for a firearm and unloaded, and that ammuntion may be loaded into magazines and be with the firearm just not loaded into the firearm, and you have to have a FOID card. So i asked him about carrying a firearm in a fully inclosed case on your person for everyday travel. He was very helpfull, he looked up the criminal code regarding transporting firearms and pretty much agreed with me that it would be "within the law" to carry a firearm on yourself when out in public, now the other thing is that most law enforcement in illinois wouldnt care about this and would probally arrest you and your firearm would be confiscated.

I would like to carry like this however there is the harrassment that would come from law enforcement and if i am arrested i have to inform my employer and can be terminated for certain offenses and that would probally fall within this. One of the postive things i could see coming out of this is that if more people in Illinois did this it could force the legislation to pass some sort of real concealed carry in Illinois that would require more than just a foid card and carry on a techincality of the law.

Does any of this make sense?
 
Last edited:
Well . . . sort of. It's something that gets discussed her quite a bit; if you run a search you'll probably find some good discussions. You might want to search for "fanny pack" as well, since often this is called "fanny pack carry." I know I put a bunch of links back to old discussions on www.thefiringline.com into one such thread just a few days ago, so you might want to check those out, too.

Just as an aside, remember that clear, organized writing still matters on the internet. Paragraphs and complete sentences aren't just suggestions; they give your readers a moment to pause and digest what you've said. Without them, it's true that your writing does make less sense.

Welcome aboard!
 
This has been tested in Illinois in the courts and, so far, 'fanny pack' carry has been ruled lawful. It has been discussed here also (as Don said). In cities with more restrictive laws, such as Chicago, problems may arrise--but this has not come up in a court caseyet (afaik).

Honestly, if you're being discrete I don't think too many folks will notice or care. It is possible that you might get arrested, but that is true everyday for numerous reasons. The law and the courts are on your side in Illinois (for now at any rate).
 
One of the postive things i could see coming out of this is that if more people in Illinois did this it could force the legislation to pass some sort of real concealed carry in Illinois that would require more than just a foid card and carry on a techincality of the law.
Click to expand...

I think the more likely result would be that state government, in it's present form anyway, would view this as a "loophole" and we would get more restrictive legislation on the transportation of firearms.

Not trying to be pessimistic, just pragmatic.
 
Just a word of caution from someone who was part of the research on the issue.
Before you decide to "fanny pack carry" as it is often called in IL, read the last 1/2 of my post #37 at http://www.thehighroad.org/showthread.php?t=304153&page=2
What one IL circuit court judge rules has no bearing on any other judge nor does it even set precedent for the same judge in a different case. You don't want to be a test case. Even if you win it won't be cheap and if you lose you end up losing big time in money and a record. Do your homework first. Taking the advice from some anonymous person on the internet who hasn't been involved in the research is no defense if you happen to get crossways in one of the wrong counties.
 
isp's advice is great I think. Even if charges are dropped or ruled in your favor you might still get the pleasure of arrest, strip search, time in jail, and plenty of expenses. All for the benefit of carrying an unloaded firearm in a zipped up case too.
 
I'm with Anotherguy in the pragmatics of the current situation. That said, if you need the security of a firearm, do not run for cover just because you are in Illinois. Dress and comport yourself like a respctable human being and no one will likely ever ask 'what's in the bag'? Really, whoever they are, it's none of their business; unloaded, cased, FOID in pocket--they can deal with it.
 
There also have not really been many "rulings" on this issue. Bruner v. Illinois is the main one most often cited. In the Horstman, Haggerty, and Kranish cases, which are also often cited as supporting fanny pack carry, there was no ruling. The charges were dropped, which was great for the defendants, but sets no precedent even in that circuit.

All that said, I do carry this way. Of course, I do it mostly in Sangamon and Macoupin counties, which are different than the Chicago area in many respects. I worry more about store security wondering what's in the big ugly fanny pack than anything else.
 
Just keep in mind the old adage that he who lives on the cutting edge of the law frequently ends up cut and bleeding.

I wouldn't carry in IL in a million years. The time and money you could end up putting out to defend yourself would be better spent on moving to a better state.
 
Frankie, if it wasn't for family we'd close up and haul tail for your part of the world (I like AZ myself). No snow, the cars don't rust from the road salt, and I like the food of the southwest better than the midwest. That and the whole RKBA issue, too. Illinois gun laws, while bizarre, permit carrying a weapon cased and unloaded. It's really not a big deal.
 
I carry this way all time (except federal no-no places). Then again I live in DuPage and Joe Birkett (DuPage County State's Attorney) lost the Horstman case, and Horstman got a nice chunk 'o change a bit later.

I got a copy of the revelant laws and nice little blurb that says: Before you arrest me, you better check with your chain of command and maybe the State's Attorney office, otherwise you've been told what the law is and therefore you can't claim good faith exemption from civil litigation.

Otherwise, I'm just the dorky-looking middle-aged guy embarassing his teenage daughter by wearing a fanny-pack.
 
Get involved in your local and state elections, talk to your County Board members. Has your County Board passed the Second Amendment Resolution? So far 60 of 102 counties have passed this resolution affirming that most of Illinois is not in favor of more gun control. When I first heard of this the comments were mostly that Vermilion County will never pass this. Well it passed 22Y 1N 1NV. The reason for this was a lot of people getting off their butts and working for a goal.
We will not get CCW in Illinois without work and it will not come in a big parade. It will come when gun owners in Illinois get involved, all gun owners. Jim.
 
I don't envy gun owners in Illinois. It's the police state of the midwest, I swear. I would listen to isp. There is wording in Texas law which says if you have a weapon and are travelling (CCW licensees excluded, of course) "it is a defense of prosecution". A lot of people took this to mean for some reason it was legal to do without repercussions. What it really means is you will still get arrested, go to jail, go to court, spend lots of money, and then a judge will decide if what you were doing was ok. I wouldn't take the chance at all. Don't make yourself a criminal.
 
Some people call the "Fanny pack" carry "six seconds to safety" .

As Jeff White pointed out, in the same thread isp2605 refered to, that for all the good it would do you in an emergency situation a handgun 6 seconds away is useless.

Needing 6 seconds and two hands to obtain a firearm will not help in very many situations IMHO.

NukemJim
 
Needing 6 seconds and two hands to obtain a firearm will not help in very many situations IMHO.

No, not if it really went like that. But it doesn't always go like that. And often, more often than not maybe, the harbingers and signs appear in big neon with plenty of time. And moreover, six seconds to a weapon is better than the alternative--offering excuses or begging because something was or wasn't 'settled law' in the Prarie State. That which is not prohibited should AT LEAST have a chance in court when it's an enumerated right.

Look, I can't put a tire on my car like an Indy pit crew can--I still carry a spare and a jack.
 
cobrian45 wrote:
What it really means is you will still get arrested, go to jail, go to court, spend lots of money, and then a judge will decide if what you were doing was ok. I wouldn't take the chance at all. Don't make yourself a criminal.
Click to expand...
Excellent! That's what many don't understand. It's going to be up to the judge to decide. No matter which way the judge decides it won't be cheap. If he decides against then it's more than expensive. It's a person's freedom. The ordeal will be extremely expensive and could bankrupt most people even tho a judge would rule in their favor. Even if the judge rules in their favor they're still out the money, time spent in preparation and trial, and they've still be put thru the system with all the social repercussions that comes from work, neighbors, etc. Too many take a pretty naive or cavalier attitude not knowing what really happens. They really don't understand the full impact. They think it's like TV where it's all over in 60 minutes minus commercials and everyone lives happily ever after. If life were only that simple. No matter which way the court decides it's a life changing experience of which no one can imagine the impact until they've seen it happen.
 
I agree with frankie. Move to a free state like I did.

I don't think an unloaded firearm will do you much good anyway. I was robbed at gunpoint in East St. Louis. If I would have tried to pull out a gun and load it I just would have got shot.
 
What can we do to get CCW is the question?

The planets may be in closer synergistic allignment as the SCOTUS ruling draws near in the late spring. The county-by-county movement in IL may help. Reciprocity, or a test-case involving reciprocity, might help. And I guess if one must live in Illinois keep a low profile while working for better days.
 
Wow, Isp. My first quote. I'm honored.

This just happens to touch on a pet peeve of mine which is what people think is legal vs. the actual law. If you have a question about the law, look it up for yourself. Don't roll the dice on your freedom based on someone else's interpretation. Another HUGE pet peeve (and dangerous thinking in my estimation) is the "pull them back in the house if they fall out" idiocy. Don't people watch CSI?

223 SI, I can only imagine the frustration you are feeling that your state government won't allow you the right you have to defend yourself, but don't gamble with your criminal record. When the day comes along and it finally happens (hopefully, because you've organized and gotten involved in voicing your belief in your rights to your government) you don't want something that happens now to permanently void your ability to carry in the future.
 
Well then, here, I'll honor you again....
Wow, Isp. My first quote. I'm honored.

This just happens to touch on a pet peeve of mine which is what people think is legal vs. the actual law. If you have a question about the law, look it up for yourself. Don't roll the dice on your freedom based on someone else's interpretation.
Click to expand...
Another excellent post with excellent observation and advice. People should pay heed to what you write. It might save them a lot of money, time, and a whole heap of trouble.
 
Nuke Chicago and save Il. Of flood state and only rescuse gun owners .
My family left years ago because of the laws and Chicago money drain
 
Status
Not open for further replies.

Similar threads

D
  • Locked
IL:Fannypack Carry with new Law Starts Now
2
Replies
26
Views
3K
Old Fuff
O
H
  • Locked
Time running out for Illinois' gun-grabbing politicians
Replies
1
Views
360
Ryanxia
Ryanxia
Neo-Luddite
  • Locked
Proposed Illinois FOID change (alert from ISRA)
Replies
3
Views
716
223_AR
2
H
  • Locked
More hurdles and problems for IL sportsmen
Replies
1
Views
381
Jeff White
J
C
  • Locked
Victory in Deerfield, Illinois!
Replies
10
Views
878
Riomouse911
Riomouse911
Back
Top