Info on New Mexico, Idaho, Illinois, Mississippi and Arkansas.

[Gary Slider]

New Mexico has signed an agreement with Idaho. NM will honor the “Enhanced Permit” issued by ID. ID just started issuing an Enhanced Permit for the specific reason that more states would honor their enhanced permit. It takes additional training to obtain the Idaho Enhanced Permit but the cost is the same. Handgunlaw.us would appreciate an image of the new Enhanced Permit to add to the ID Page.

Illinois is now a “Shall Issue” state. There are numerous places off limits. Other than being Shall Issue they do allow you to store your firearm in your vehicle in most places that are off limits. They also have a safe journey section. If you have a permit/license to carry from your state of residence you can keep your concealed firearm on your hip while travelling through Illinois. You must unload it before exiting the vehicle.

Mississippi is a mess with a Hines Co. Judge putting a stay on their new Open Carry law. The AG has weighted in saying he didn’t believe it affected the whole state but would not put it in writing. Some Counties are allowing Open Carry even with the stay. The AG stated he would ask the Mississippi Supreme Court to settle the question. Again it is a mess.

Arkansas amended their firearm laws that take effect August 16. They gave a definition to the term, “Journey.” It states a Journey is outside the county you reside in. Some are stating it gives Arkansas Constitutional Carry and other stating Open Carry is legal. The AG has issued an opinion stating that Open Carry is still illegal. Another mess that will take the courts months to figure out. Handgunlaw.us recommends you don’t open carry or conceal carry without a valid permit/license to carry until this mess is straightened out. Starting Aug. 16 AR will honor all other states permit/licenses.

What to thank all who assisted me with Arkansas, Mississippi and especially Illinois with their new law. Your assistance is very much appreciated. www.Handgunlaw.us has been updated to show the changes in states laws that are in effect as of today. Others will be updated when their laws take effect.

 

[Gary Slider]

After my earlier post I received information that Pennsylvania now honors Kansas. PA also made an announcement that they will only honor the North Dakota Class 1 Permit. ND issues two classes. Class 1 requires training and is honored by a lot more states. The Class 2 does not require as much training. They did this so more states would honor their permit/license. ND did this a couple years ago.
I caught some flack for my post, and rightly so, as I didn’t explain Car Carry for non residents of IL with a permit/License from their state of residence. I apologize for not explaining it completely. I was more interested in letting people know they could not exit the vehicle with a loaded firearm. Here is the complete law.
Section 40
(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
(1) is not prohibited from owning or possessing a firearm under federal law;
(2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence; and
(3) is not in possession of a license under this Act. If the non-resident leaves his or her vehicle
Unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.

Subsection (b) of Section 65 States:
(b) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle'strunk, provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.
Section 5. Definitions. As used in this Act:

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

 

[wildbilll]

Is a permit or license actually required by section 40? It reads as if someone from a state such as VT is allowed since they are "eligible to carry a firearm in public under the laws of his or her state or territory of residence"

 

[Jeff White]

Illinois is NOT a shall issue state and won't be for at least 9 months. None of the provisions of the recently passed CCW law are in effect. The Illinois State Police will continue to arrest travelers who are carrying loaded firearms through the state.

There are 14 counties (out of 102) where the states attorney has said he will not prosecute under the old UUW statute.

None of this is settled law and it's dangerous and irresponsible to to make blanket statements about the current climate towards possessing firearms in public here in Illinois.

They only way to be safe from arrest and prosecution right now is to continue to follow the old law.

 

[Gary Slider]

The Law is in effect. The Illinois State Police even state this! http://www.isp.state.il.us/firearms/ccw/ccw-faq.cfm
See Below. The law is in effect they just have time to set things up.

Question: Are out-of-state Concealed Carry permit holders granted reciprocity in Illinois?

Answer: No. Out-of-state residents who want to carry a concealed firearm on his/her person must obtain an Illinois Concealed Carry License to lawfully carry a concealed firearm in Illinois. In order for out-of-state residents to be eligible for an Illinois license, their state’s concealed carry license laws must be substantially similar to those of Illinois. The Illinois State Police will establish rules to identify the elements necessary to meet the substantially similar requirement.

However, out of state residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of his or her state or territory of residence and are not prohibited from owning or possessing a firearm under federal law. This rule becomes effective immediately.

If the non-resident leaves leaves his/her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of the Firearm Concealed Carry Act.
______________________________________________

I am not sure about VT resident carrying in IL in a vehicle. I would not until there is further info. The way it is worded it states if you can legally carry a firearm:

if they are eligible to carry a firearm in public under the laws of his or her state or territory of residence .

That may also include AZ, AK and WY as they can carry without any type of permit/license in their home state. Again I would wait for more information before I would carry in a vehicle from one of those states without a permit/license in Illinois.

 

[ilbob]

(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:

Nothing in this act does prohibit it, but also nothing in the act permits it either. its still felony AUUW.

 

[jim243]

Nothing in this act does prohibit it, but also nothing in the act permits it either.

That is just "Double Talk", if it is not prohibited then it IS permited.

I have a question for Gary, after receiving a carry lic for Illinois, what other states can we then carry in??

Jim

 

[Jeff White]

I always love it here when out of state experts quote chapter and verse of Illinois law to Illinois LEOs with over 25 years experience.

I've seen this here on FOID cards and now this law. What is your personal experience working in the Illinois Criminal Justice system that leads you to believe you are correct in every jurisdiction in the state?

Arguing law on the side of the road is only going to get you a ride to the county jail.

I stand by my assertion that you may end up in a costly legal mess if you carry in Illinois before this all shakes out. You might ultimately prevail, but at what cost?

 

[JERRY]

thank you for all those updates with state references.

 

[Gary Slider]

Jim243, Just go to www.handgunlaw.us and click on the State of IL on the main page map. It will show you all the states that will honor the IL permit when they become available.

 

[wildbilll]

Nothing in this act does prohibit it, but also nothing in the act permits it either. its still felony AUUW.

I agree we need to let this settle out. I agree that there does not appear to be any changes to Section 24 that describes how this can lawfully take place. I believe this is an example of how rushed legislation has defects. The fact that the ACT specified that nothing shall prohibit out of state folks from carrying means that there is a conflict between what the ACT says and the statutes. It is clear that the legislative intent was to allow the loaded carry of the gun in a car. How this is reduced to writing the statutes is a mystery to me.

Now on the other hand, as far as someone saying that a non-resident can carry IF they have a permit from another state, I see the same issue. There is nothing in Section 24 that allows for that either. With regard to what section 40 says vs what the amended sections 24-1 and 24-1.6 say, I really see no difference - permit or no permit. Perhaps someone could explain how the handgunlaw website can state that having a permit means it's OK? I assume the logic of how that is possible was drawn from the very same section 40 of Public act 098-0063.

 

[Gary Slider]

Wildbill, It is just not me saying it the Illinois State Police are stating the same thing. Go to the ISP at

http://www.isp.state.il.us/firearms/ccw/ccw-faq.cfm

and read the FAQs on the new law. The third one down. It is quoted in my post above. They even state the law is effective Immediately!

 

[wildbilll]

Wildbill, It is just not me saying it the Illinois State Police are stating the same thing. Go to the ISP at

http://www.isp.state.il.us/firearms/ccw/ccw-faq.cfm

and read the FAQs on the new law. The third one down. It is quoted in my post above. They even state the law is effective Immediately!

Roger that.
And here is a cut and paste of what they say on the website:

However, out of state residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of his or her state or territory of residence and are not prohibited from owning or possessing a firearm under federal law. This rule becomes effective immediately

.

So I don't get how you decided to limit to those who have a permit. Perhaps the ISP has been reading this thread and my question and revised.......ha ha.

 

[Gary Slider]

Because I am not sure how they are going to handle it for residents of those states that allow permitless carry. Read my post which is #5 and I talk about that. I am not sure and I will not say they can when I am not sure. We are going to have to wait until we see how the IL State Police are going to handle those 4 states that have Permitless Carry. Other states like FL allow anyone who can legally possess a firearm to carry one loaded in a vehicle. I don't think Illinois is going to let them carry in their Vehicle in Illinois with just a Florida ID. Could be wrong but I doubt that.

 

[tepin]

Looks like DC is the last holdout. I wont be holding my breath for carry there.

 

[wildbilll]

Because I am not sure how they are going to handle it for residents of those states that allow permitless carry. Read my post which is #5 and I talk about that. I am not sure and I will not say they can when I am not sure. We are going to have to wait until we see how the IL State Police are going to handle those 4 states that have Permitless Carry. Other states like FL allow anyone who can legally possess a firearm to carry one loaded in a vehicle. I don't think Illinois is going to let them carry in their Vehicle in Illinois with just a Florida ID. Could be wrong but I doubt that.

There are lots of states that allow open carry of a firearm in public. I see those states as ones from which the residents would be able to have a loaded gun in the car in IL. I disagree about FL, as I don't view being allowed to have it loaded in the car as carrying it in public. MO also allows for permitless car carry. That in and of itself isn't good enough, IMO. But MO also allows for permitless open carry in public, even though localities are allowed to prohibit open carry.

 

[Missionary]

Greetings
As a Resident of Peru I have CC here. As a citizen of ILLinois "once things get ironed out" would I be legal to carry my loaded revolver in my vehicle until I can complete the "to be spelled out" future requirements and obtain my ILLinois CC ? I do have a valid FOID.
Is this the intent of that word "Territory" or does that Territory only apply to U.S. held land as Guam and so forth ?
Mike in Peru

 

[wildbilll]

Peru is a Country, not a territory, correct?