I have a friend who has his carry permit in TN...he was traveling thru Illinois...he had his weapon in his suitcase with his clothes...he wnet thru a road block...they ask if they could search his truck...he said yes...They found his little .25 beretta...handcuffed him and then searched his vehicle with a drug dog...They told him that having a load weapon in his vehicle constituted a Felony in Illinois...and that he could be put in jail for 24 hours before allowing him to post bail...They let him pass and gave him a ticket for have an uncased weapon....IS IT REALLY A FELONY IN ILLINOIS TO HAVE A LOADED WEAPON IN YOUR CAR?...that seem extreme...I thought this was America
Illinois???
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alex_trebek
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Short answer: Yes it is.
Illinois requires you to own a FOID card to even buy firearms or ammunition. This system is similar to a driver's license, except obviously more restrictive. CCW is illegal in Illinois, I believe even for off duty LEO's. Firearms must be locked away from ammunition while traveling. Personally I dont go into Illinois, for fear of a stray .22 LR round getting me into trouble. Also I believe the only way to get a FOID card is to be a resident of Illinois.
Your friend needs to familiarize himself with local laws before travelling, especially if his firearms are loaded.
Your friend got lucky. It is illegal to possess or own a handgun in Chicago as well.
Illinois requires you to own a FOID card to even buy firearms or ammunition. This system is similar to a driver's license, except obviously more restrictive. CCW is illegal in Illinois, I believe even for off duty LEO's. Firearms must be locked away from ammunition while traveling. Personally I dont go into Illinois, for fear of a stray .22 LR round getting me into trouble. Also I believe the only way to get a FOID card is to be a resident of Illinois.
Your friend needs to familiarize himself with local laws before travelling, especially if his firearms are loaded.
Your friend got lucky. It is illegal to possess or own a handgun in Chicago as well.
Deanimator
Member
+10,000,000!!!
If they ASK, they obviously don't think they have probable cause.
damien
Member
I have been through 10 stops and one road block in my life in Illinois. The cops have never asked to search my car. I wonder what their criteria is to ask for a search. Does the guy look like a drug runner?
Yes, it is illegal. Your gun can only be loaded on private property that you own or private property with consent of the owner or manager (if commercial). OTOH, you can have an excased gun with a loaded clip, that is not a loaded gun. I don't think a FOID is required for a non-Illinois resident.
Yes, it is illegal. Your gun can only be loaded on private property that you own or private property with consent of the owner or manager (if commercial). OTOH, you can have an excased gun with a loaded clip, that is not a loaded gun. I don't think a FOID is required for a non-Illinois resident.
El Tejon
Member
damien, southern plates.
Zundfolge
Member
What about the 1986 FOPA?
El Tejon
Member
Loaded weapon would allegedly place him outside the statute.
ShunZu
member
Lesson1: Always do some research to find out what each state's firearm laws are before going on a road trip.
Lesson2: Whenever possible, go AROUND the People's Republic of Illinois. They do not recognize ANY CCW from another state -- and have no CCW of their own (1 of 2 states still in the dark ages).
Lesson3: IF you have to go through Illinois, it must be in a case and unloaded. You CAN have a magazine loaded, as long as it isn't in the piece.
Lesson4: Cased, loaded clip outside the gun and in your console is legal in Illinois. If needed (i.e. being pursued by bad guys about to rape, rob and kill you), it comes in to action relatively quickly. Not as handy as all those lucky people that live in states that actually allow you to protect your family's life, but it's better than having to get out of your car and grab a throwable rock.
Lesson2: Whenever possible, go AROUND the People's Republic of Illinois. They do not recognize ANY CCW from another state -- and have no CCW of their own (1 of 2 states still in the dark ages).
Lesson3: IF you have to go through Illinois, it must be in a case and unloaded. You CAN have a magazine loaded, as long as it isn't in the piece.
Lesson4: Cased, loaded clip outside the gun and in your console is legal in Illinois. If needed (i.e. being pursued by bad guys about to rape, rob and kill you), it comes in to action relatively quickly. Not as handy as all those lucky people that live in states that actually allow you to protect your family's life, but it's better than having to get out of your car and grab a throwable rock.
Neo-Luddite
Member
Why SOP must be to never consent to search or to have a loaded weapon in the vehicle in IL. Notice however what he was actually charged with. How many people with CCW's issued by another state actually are brought before a judge for such instances when other aggrevating factors are not present? Not many that I've heard of. Don't want to scare away all the tourist dollars by puting up signs (real or figurative) that inform travelers that the 2nd, 4th, and 14th Amdts. are on sketchy ground in the Land of Lincoln.
And not that it matters--but a weapon fully enclosed in a suitcase *is* cased even here, isn't it? So, how if he pleads not guilty to the charge then?
And not that it matters--but a weapon fully enclosed in a suitcase *is* cased even here, isn't it? So, how if he pleads not guilty to the charge then?
sacp81170a
Member
My question is, what the heck kind of checkpoint is it where they're searching your suitcase? If it was a sobriety CP, then they can only look for open containers. If it was a drug interdiction checkpoint, then they can't just pull over and search every car without consent. They have no PC. What gives? Is IL really that much of a People's Republik?
Deanimator
Member
They didn't even have reasonable articulable suspicion. They had NOTHING.
And yes, Illinois is a cesspit, with the deepest deposits centered on Cook County.
But to leave on an up note, former Governor Ryan is going to prison today! One down, every other politician in the state to go...
At least they let him off with just a ticket. He was one lucky motorist.
My truck was searched at a DUI checkpoint a few years back. I did not give consent. They searched it anyway. I was smoking a cigar and they said they detected the odor of MJ. So they did not need my consent.Total BS.
Gave me all kinds of hell and handcuffed me when they found a cased and unloaded Glock in the truck. I have a valid FOID.
I felt violated but did see them get at least two legitimate drunks off of the streets.
At the end of it all they let me go on my way. Can't wait to leave this state.
My truck was searched at a DUI checkpoint a few years back. I did not give consent. They searched it anyway. I was smoking a cigar and they said they detected the odor of MJ. So they did not need my consent.Total BS.
Gave me all kinds of hell and handcuffed me when they found a cased and unloaded Glock in the truck. I have a valid FOID.
I felt violated but did see them get at least two legitimate drunks off of the streets.
At the end of it all they let me go on my way. Can't wait to leave this state.
Even that can get you in trouble in some states. Safest legal way to comply with interstate transport is unloaded firearm locked in it's own case, ammo separate in it's own case, magazines unloaded and separate from the ammo and separate from the firearm, and don't have the locked firearm case inside the same suitcase as the ammo or magazines. Sucks, but that's the safest legal way to travel. Not necessarily the safest way to travel, just the safest legal way from my understanding.
They gave him a break, I don't know if they could up the ante if he decides to not accept their charity. I don't know if this uncased weapon charge carries a "firearms violation" certificaiton along with it which might cause further problems sometime down the road for any future purchases or indirect activities. Might be best to contact an attorney just to play it safe.
Kingcreek
Member
The FOID is only required for IL residents. Non-residents can travel through Illinois and hunt and shoot in IL without a FOID but all other laws ie transport, etc apply.
re the above comments regarding consent to search: I agree you should never grant permission to search. never, no way, no how, not ever.
re the above comments regarding consent to search: I agree you should never grant permission to search. never, no way, no how, not ever.
Its a little convoluted.
This is what the law actually says.
Your friend was probably not in violation of the UUW act because it was not immediately accessible, and exception (ii) would apply. He probably got a citation for violating the wildlife code for having a loaded gun in his car.
Incidentally, the wildlife code is pretty explicit about what constitutes a case. A suitcase would not meet the bill. An Illinois resident would have been in the same boat in the same circumstance.
I think a violation of this subsection is a class B misdemeanor.
Illinois law on these kinds of things is extremely confusing.
Best bet is to unload and encase it while passing through Illinois, and put it somewhere it is not immediately accessible.
BTW, never voluntarily allow police to search your vehicle. They are not your friends in any kind of official encounter, even if they behave in a friendly way. They are not there to do anything that will benefit you.
This is what the law actually says.
Your friend was probably not in violation of the UUW act because it was not immediately accessible, and exception (ii) would apply. He probably got a citation for violating the wildlife code for having a loaded gun in his car.
Incidentally, the wildlife code is pretty explicit about what constitutes a case. A suitcase would not meet the bill. An Illinois resident would have been in the same boat in the same circumstance.
I think a violation of this subsection is a class B misdemeanor.
Illinois law on these kinds of things is extremely confusing.
Best bet is to unload and encase it while passing through Illinois, and put it somewhere it is not immediately accessible.
BTW, never voluntarily allow police to search your vehicle. They are not your friends in any kind of official encounter, even if they behave in a friendly way. They are not there to do anything that will benefit you.
ATAShooter
Member
Illinois, whew, what a gun friendly state. Wasn't that a great place to move the Grand American to ???
Car Knocker
Member
Probable cause or reasonable suspicion doesn't become an issue when the vehicle owners consents to a search.sacp81170a said:
damien
Member
That is not what the law says. It doesn't have to be inaccessable under either UUW or the Wildlife Code, as long as it is encased, unloaded, and you have your FOID if you are an Illinois resident. Are you adding that on just in case some cop has a false impression of the law?
As far as I can tell, I can have a gun in my center console, as long as it it in a case, unloaded, and I have my FOID card.
kingpin008
Member
It's been said before, but I'll say it again - NEVER, EVER consent to a search. Doesn't matter if you've "got nothing to hide" or not.
scout26
Member
The Wildlife Code states that the case must be designed for the purpose of carrying a firearm. So a gunsock is legal, but a regular suitcase with your clothes, etc. is not. But if you take a regular suitcase, put some foam inserts with gun shapes cut out and store/transport unloaded guns in there, then you have a "case designed for the purpose."
The three rules are:
1. Valid FOID (only applies to Illinois Residents)
2. Unloaded (Ammo/magazine can be in the same case, but not in the firearm.)
3. Completely enclosed in a case designed for the purpose of carrying a firearm. (The example I always use in my Hunter Ed Classes is that wrapping a firearm in a blanket is illegal. However, if your Wife or Mom takes that blanket and sews it into gun wrap that can be zipped, tied, or buttoned closed, it's now a gun case, because it has been made for that purpose, and is prefectly legal.)
Rule 4. Never consent to a search.
Don't forget too that some counties in the northern part of the state have stricter firearm laws and some guns may not be legal there unless he's covered by fopa, which he wouldn't be with a loaded gun.
I would even research that before I went with that. My immediate recollection is that the wildlife code requires the case to buckle, snap, zip, tie, etc or in some way securely close.
scout26
Member
http://www.remington.com/products/accessories/storage_&_safety/gun_sock.asp
As long as it's tied and completely encloses (meaning no stragtically placed holes to work the action/trigger) the gunsock is a legal case. Per the advice/recommendation of several CPO's who teach Hunter's Ed with me, I carry one with me when I'm out in the field, that way if for whatever reason I get a in vehicle, I have a legal case to transport my firearm.
Or you can check with your local CPO.
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