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Illinois Supreme Court Rules on Diggins case

Discussion in 'Legal' started by Blue .45, Nov 13, 2009.

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  1. Blue .45

    Blue .45 Member

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    This is from the ISRA website.

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

    Does this mean a gun can be carried in the glove compartment or center console inside the car, as long as the chamber is empty and a loaded magazine is not inserted in the grip?

    I'm a resident of Illinois and wanted to get some clarification on this.
     
  2. mjk812

    mjk812 Member

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    Yes, this is what it means.

    However, there is some debate on multiple forums about opening that center console when you are pulled over. Some people are in the camp that once you open that console in the presence of LEO that it is no longer "enclosed" and you would be in violation of the law.

    If you decide to transport this way, I would carry License, insurance, and registration somewhere besides the center console.

    You can find a detailed discussion of this matter on www.Illinoiscarry.com
     
  3. ilbob

    ilbob Member

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    Notice - IANAL.

    It means that the Supreme Court of Illinois says that its not UUW.

    There is still the issue of what the wildlife code says, and it prohibits guns in vehicles that are not in gun cases, and goes on to define what an acceptable gun case is. Class B misdemeanor WC violation instead of felony UUW.

    Legally you can put your unloaded gun in a gun sock and tie it off and set it on the seat next to you. Or put the unloaded gun in the tied off gun sock in your console. For that matter you could put the unloaded gun in a tied off gun sock in your pocket, or duct taped to your forehead.

    You also have to remember there is the prohibition on bringing certain weapons (including firearms) to publicly owned or supported places. Class A misdemeanor. Think public parking lot, or driving through a park, or dropping your kid off at school.
     
  4. barnetmill

    barnetmill Member

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    How does this law apply to an out of state resident with a valid Concealed license from another state when driving through illinois.

    Can he have an unloaded gun in the console without a problem?
    Does this also apply when driving through chicago?
     
  5. Birdmang

    Birdmang Member

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    If you can fit an unloaded rifle in your center console.
     
  6. Blackbeard

    Blackbeard Member

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    The only difference between Illinois residents and non-residents is that non-residents are not required to have a FOID card. Your carry license has zero effect in Illinois.

    Define "problem". Is being arrested, tried and ultimately aquitted in a few years a "problem" for you?

    Enter Chicago at your own risk.
     
  7. Blue .45

    Blue .45 Member

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    Thank you for your responses. I'll probably continue to transport my guns unloaded, cased and in a range bag stored in the rear compartment of my vehicle, just ot be on the safe side.

    Thanks for the link. It looks like great site for Illinois gun owners. While visiting,
    I found this link to a CBS news segment regarding this ruling.

    http://cbs2chicago.com/video/[email protected]
     
  8. ilbob

    ilbob Member

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    While few cops would worry all that much about an unloaded and encased gun, the letter of the law is slightly different for out of staters because they cannot get a FOID card.

    The basic exceptions to the UUW act provisions prohibiting carrying firearms are these.

    As a non-resident who does not have a FOID, you cannot rely on exception (iii). You have to rely on (i) or (ii).

    And keep in mind the wildlife code restrictions that require a gun in a car to be unloaded and in a GUN case (as defined by the WC).

    And Chicago is a wildcard in the whole mess due to their handgun ban, and the nature of their police force.
     
  9. flying_gage

    flying_gage Member

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    That video clip is nauseating. They don't mention that forms of concealed carry is allowed in 48 other states and has not caused "blood to run in the streets".
     
  10. Don Gwinn

    Don Gwinn Moderator Emeritus

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    I really think the legality of opening the container with the gun in the presence of a police officer who has just pulled you over for speeding is a non-issue. It's a bad idea on a practical level anyway. What would be the point of doing that in the first place? I imagine that if you did such a thing, you'd run a substantial risk of getting hauled out of your vehicle at gunpoint, and the legal intricacies would be the last thing on your mind (but yes, if you open the container, it's no longer "enclosed" and so technically would be illegal.)

    If you were going to transport a handgun in your console, it would be very smart to keep any documents you might need for a traffic stop, such as registration and insurance proof, in a different container. For instance, in my car, I have a large glove box and a small console. I would put the insurance documents in the small, non-locking center console, and the handgun in the large, locking glove box. That way, when the officer asks me to get my documents, I can open the console without worrying about what to say about the gun in there. The glove box can stay closed and we can all go about our business without scaring each other to death.
     
  11. rocky branch

    rocky branch Member

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    I know of an Illinois game warden who would examine cased guns.

    If any part of the gun was visible for any reason, a ticket was issued.
     
  12. Frank W

    Frank W Member

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    It seems that this type of carry situation just needs to be used with common sense. One potential problem of not having a complete concealed carry law is having to leave the weapon in the car. The potential for theft increases since you can't take it with you.
     
  13. Phatty

    Phatty Member

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    Agreed. But even if you were dumb enough to keep the documents in the same location as your gun, you should at least have enough sense to fish those documents out as soon as you are pulled over and reclose the container before the officer walks up to your vehicle. Also, in Illinois the only documents that I've ever seen asked for by a police officer are driver's licenses and insurance card. Keep both of those in your wallet and never worry about it.
     
  14. wildbilll

    wildbilll Member

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    Actually, Section 24-1 (c) of the IL gun laws makes the school thing a felony.

    The good news is that if you have a FOID card and the unloaded gun is in a case, then you have not broken any part of this statute. This entire law is convoluted, but at each stage they have written in the part about a unloaded gun in a case, possessed by the holder of a FOID card.

    Sec. 24-2. Exemptions. (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or effect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.
     
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