http://www.isp.state.il.us/foid/firearmsfaq.cfm
To legally transport in IL the gun has to be unloaded and in a case.
The mag can be in the same case as the gun but there is no requirement that the mag be in a case.
The mag can be loaded or unloaded.
A loaded mag cannot be in a gun.
An unloaded mag can be in the gun.
You do not need a FOID card since you are not an IL resident. FOID only applies to IL residents and as a non-resident you cannot get nor do you need one.
A firearm case is defined by statute as "a container specifically designed for the purpose of housing a gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped, snapped, buckled, tied, or otherwise fastened with no portion of the gun or bow and arrow device exposed." The case does not have to have a lock but it does have to have some method of closure such as the zipper, snap, tie, etc.
Carrying a firearm around, not just transporting from point A to point B, in a fanny pack could put a person in a position where they could be a test case. In 2001-2002 the fanny pack carry became widespread with the public. Some groups were calling it "6 seconds to safety" even tho there was no legal precedent or statute dealing with anything involving 6 seconds or any time limits. Without these groups contacting any legal authority they were claiming an empty gun in a fanny pack with a loaded mag in the pack was legal. As a result my agency was getting constant calls from the public and other law enforcement agencies as to the legality of fanny pack carry. We contacted the IL AG for his opinion. The AG at the time was Jim Ryan who was running for governor. Same Jim Ryan who is running for governor this year. He refused to release an opinion on fanny pack carry and said he would leave the interpretation and action up to the individual state's attorneys in each of the 102 counties. We then contacted every one of the state's attorneys to see how they planned to address the issue. The opinions we got ranged from 1) "it's legal and nothing to prosecute" to 2) "it's illegal and prosecute every instance" to 3) "make the arrest, seize the firearm, write the report, and the decision to prosecute will be made on a case by case basis after reading the report." #3 was the most common response.
What that meant was a person could fanny pack carry in one county and would not be prosecuted, cross the county line into another county and they would be prosecuted, or cross into the other county and have to wait up to 18 or 36 months before they knew if they were going to be prosecuted. Not much help to either LE and non-LE concerning what to do. But then the AG and SAs are all politcal creatures and few wanted to show their hand on a controversial issue that could impact their job at election time.
This survey was done nearly 8 years ago. There is a different AG and quite a few of the SAs have changed. However, I suspect that if the survey was done again today that the results would be about the same.
The caution is if a person wants to fanny pack carry then they need to be aware that it's not a cut and dry situation they could become a test case.
