Question about Illinois from out-of-stater.

[KaintGetwright]

So, while I normally don't travel to places where I'm not comfortable with the laws, I'm in the position where a temporary move to Illinois is necessary for work.

My question is as an out of state resident moving from hotel to hotel in Illinois (outside of the chicago area restrictions), would there be any legal way for me to bring along my handgun?

If it makes any difference I am a ccw holder in Alabama. I've looked online but the web has returned some conflicting results. Thanks for any replies.

 

[Canuck-IL]

From the state police FAQ, a FOID card is necessary...

Unless specifically exempted by statute, any Illinois resident who acquires or possesses firearm or firearm ammunition within the State must have in their possession a valid Firearm Owner's Identification (FOID) card issued in his or her name.

So, I would conclude that your case comes down to the definition of a 'resident.' If your state of residence doesn't change due to the job, then you should be OK. I think a new driver's license is required within 90 days of taking up a permanent residence so that timeframe might provide a guideline.

A CC permit from another state is irrelevant in Illinois.

Safest to call the state police and get an opinion - or two!
/Bryan

 

[GraceOutcast]

Technically at no point are you allowed to have a loaded weapon on your person as a non resident. Your time there would be considered "passing through" and thus your gun would have to stay unloaded and in a case at all times.

Even if you were to become a temporary resident and apply for a FOID card you still wouldn't be able to carry legally. Sad to say but....I'd leave it in Bama.

 

[KaintGetwright]

I suppose most specifically I am wondering if I could transport it safely locked away and have it in a hotel room in a safe as I conduct business in different cities for several months.

 

[Blackbeard]

It will all depend on whether the state considers you a resident. The laws are the same for residents and non-residents with respect to ownership and transport, except that residents are required to have a FOID card. How long will you be working in our fair state?

I would think (and this is just me), that if you still have a residence in Alabama and you're living out of a hotel here, you're not a resident and you don't need a card. If you get an apartment and stay longer than 3-6 months, you probably need a card. Anything in between -- gray area.

P.S. Your CCW license means about as much as a chocolate cake recipe here. Nothing.

 

[KaintGetwright]

I asked HR and they have told me I would be an Alabama resident with no address change and still paying alabama taxes. With that said my main concern is whether there is a legal way for a non resident to posess and transport ( not carry ) a handgun.

 

[Blackbeard]

Yes, all firearms can be transported unloaded and cased.

 

[NukemJim]

Just a FYI Chicago is not the only place with silly gun laws. Chicago is in Cook County which does not have a handgun ban but does have an "AWB" including a ban on magazines over 10 rounds. There are also some handguns listed on the AWB but most are "handguns" derived from rifles such as ARs, AKs, Sterling etc...

Best wishes and good luck

NukemJim

 

[Geneseo1911]

IL Comb. Statutes-Criminal Offenses-Deadly Weapons

ILCS-Public Health-FOID act

That is the relevant law. It's not as bad to read as you'd think. The short version is, you must have a FOID to possess guns/ammunition unless you fall under one of the exceptions, which are listed under the 3rd paragraph of the FOID act. I think you are most likely one of these:

(9) Nonresidents whose firearms are unloaded and

enclosed in a case;
(10) Nonresidents who are currently licensed or

registered to possess a firearm in their resident state;

This tells us you are legal to possess w/out a FOID, so then you should be covered under the same rules for SD. Here is the criminal code under "Unlawful Use of Weapons":

(4) Carries or possesses in any vehicle or concealed

on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non‑functioning state;

or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,

firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card

Obviously, as you are exempt from FOID, you are fine as long as you are unloaded & encased (BTW, although two other options are listed, IL police will want to see the gun unloaded & encased, as the other two are a bit vague & seldom referenced). The question I can't answer, is whether a hotel room counts as an "abode", which would allow you to CC while in the room. I think it does, but IANAL.

One more link the ILSP firearms site

 

[isp2605]

You won't be considered an IL resident. You're just moving from hotel to hotel and working a job. Not an unusual set of circumstances.
To legally transport a firearm in IL it has to be unloaded and in a case. Ammo can be carried in the same case as the firearm but nothing says ammo has to be in a case of any kind. Loaded mags can be carried in the same case as the firearm but they cannot be inserted in the firearm. Empty mags can be inserted in the firearm. However, nothing in the statutes says the mags have to be in a case either.
A case is defined by statute as a container specifically made for a firearm which completely enclosing the firearm and has some means of closure such as a snap, zipper, tie, etc. It does not have to have a lock.
Since you are still maintaining your AL as state of residence then you don't need a FOID card.
What you do in your hotel room is your business. It's considered your residence. No state law prevents you from having a loaded firearm in your hotel room.

 

[KaintGetwright]

Thanks a lot everybody. That was the confirmation I was looking for. I had seen similar info on the NRA site but other posts on other forums were so full of misinformation that I figured I'd ask. Knew I could count on y'all. Thanks again.