Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Transporting guns in Illinois

Discussion in 'Legal' started by mudriver, Jun 7, 2009.

Thread Status:
Not open for further replies.
  1. mudriver

    mudriver Member

    Joined:
    Oct 14, 2007
    Messages:
    128
    Can anyone provide a link to reliable information?

    Thanks:)
     
  2. kurtmax

    kurtmax Member

    Joined:
    Jul 21, 2007
    Messages:
    457
  3. Deanimator

    Deanimator Member

    Joined:
    Mar 30, 2006
    Messages:
    10,599
    Location:
    Rocky River, Ohio
    In or through?

    It makes a big difference.
     
  4. ilbob

    ilbob Member

    Joined:
    Jun 14, 2006
    Messages:
    10,901
    Location:
    Illinois
    In reality as long as you are staying away from Chicago and Cook County, the normal Illinois rules apply.

    Unloaded, in a gun case, and in the trunk.

    Best to stay out of Cook County/Chicago. The rules are different and by most accounts they don't abide by FOPA transportation protections, if they even admit they exist.
     
  5. louis2dogs

    louis2dogs Member

    Joined:
    Feb 25, 2005
    Messages:
    12
    "In the trunk" is a myth

    There is no requirement to have the gun out of reach. Just three requirements:

    1. Unloaded
    2. In a case
    3. By a FOID card holder.

    This even covers "on your person". Some folks around here carry unloaded in a fanny pack with magazine(s) NOT in the gun.

    Here is a link to a publication put out by the Illinois State Police and Department of Natural Resources.

    www.isp.state.il.us/docs/transgun0-000.pdf


    This is a three-fold brochure, so the pages may seem confusing. Look at the first column on page two.

    Lou
     
  6. damien

    damien Member

    Joined:
    Mar 5, 2007
    Messages:
    1,212
    Location:
    Northern IL, USA
    Most of Cook County has no problem with guns either, just a few municipalities (Evanston, Oak Park, Chicago, some others). Cabela's in Hoffman Estates sells AR-15s, 30 round magazines, and occasionally a Barrett .50 when in stock, for example.
     
  7. isp2605

    isp2605 Member

    Joined:
    May 6, 2004
    Messages:
    1,333
    Why that brochure keeps popping up on the internet is a mystery. Neither the ISP nor DNR has put that pub out for a long time. It's been over 10 years since it was out of print. Ryan, Nolen, and Manning have been gone from state government for a long time.

    To answer the OP's question, to transport a firearm it has to be unloaded and in a case. If you are an IL resident then you also need a FOID card. Ammo can be carried in the same case as the firearm. Mags can be loaded but loaded mags cannot be inserted in the firearm.
    http://www.isp.state.il.us/foid/firearmsfaq.cfm

    As far as carrying an unloaded gun in a fanny pack I can only caution a person to be aware that could land one in jail facing felony charges. In about 2001 the fanny pack carry became a public issue. My agency received numerous calls every day from the public and other LE agencies asking for an opinion. We contacted the IL AG's office for an opinion. His office refused to give an opinion and deferred interpretations to each of the county state's attorneys. We then contacted each of the 102 state's attorneys. We got opinions that ranged from "It's illegal and I'll prosecute" to "It's legal and nothing to prosecute." However, the most common response was "Take them into custody and then bring me the case and I'll then decide." Few wanted to commit themselves. Not much help. What that meant was you could be in one county using fanny pack carry and would not have to worry about being charged. Cross the road into another county and the state's attorney would charge a felony. Then cross into another county and you'd be taken to jail and await for the state's attorney to decide. Just because one state's attorney wouldn't charge doesn't mean a thing when traveling to a different county with a different state's attorney.
    Since we did that survey the AG has changes as have a lot of the state's attorneys. However, I suspect if we'd take the same survey today we'd get pretty much the same results. It could get a guy jammed up spending a lot of money to an attorney even if the charges were dropped. If the SA would decide to go to trial it could cost a whole lot of money and a person would risk a criminal conviction. What a person does is their own choice, however, they need to be informed of the circumstances and that fanny pack carry isn't as clear cut as some try to make it sound.
     
  8. damien

    damien Member

    Joined:
    Mar 5, 2007
    Messages:
    1,212
    Location:
    Northern IL, USA
    I know this is not case law, but here is a ruling where the DA went against a guy and lost:

    http://archives.chicagotribune.com/2007/jul/20/news/chi-gunbelt_20jul20

    With Mother’s Day approaching, Shaun Kranish needed a gift, so he strappedon his unloaded semiautomatic 9 mm pistol and left his Rockford home to dosome shopping.

    During his May 2006 trip to CherryVale Mall in Cherry Valley, Kranish putthe 15-round magazine into a separate pouch on the holster, where he couldeasily reach it if necessary.

    Kranish, 21, picked up some tea for his mother, ate pizza at the foodcourt, then noticed two security guards warily following him. Taken intocustody, he was charged with aggravated unlawful use of a weapon, a felony.

    Earlier this week, a Winnebago County judge dismissed the charge in aruling that gun advocates hailed as a victory for 2nd Amendment rights inIllinois. Advocates for gun control say the ruling spotlights the need for thelegislature to close a legal loophole.

    An activist for looser gun control in Illinois, Kranish interprets currentstate law to mean that he can carry his unloaded weapon in a holster as longas it’s completely covered. The law allows unloaded weapons to be transportedin containers but doesn’t mention holsters.

    Though there have been cases over the years where gun owners have beenarrested for carrying unloaded weapons in fanny packs or other containers,people on both sides of gun control in Illinois say Kranish’s use of arecognizable holster – while walking through a mall – is sure to ignite anew round of debate.

    “I don’t carry a gun as a statement,” said the computer technician duringan interview in his parents’ basement, where he lives. “I carry a gun forprotection. I think of a gun like a seat belt.”

    Cherry Valley Police Chief Gary Maitland disagrees with the judge’s ruling.

    “This is not the Old West,” he said. “I’m not advocating banning handguns.But I’m not aware of any police officer who would advocate more handguns onthe street. When they start taking their weapons out of their home and walkingaround with them strapped to their hip, bad things can happen.”

    Winnebago County Assistant State’s Atty. Erin Haefner said she plans to askJudge Steven Vecchio to reconsider his ruling. But some say the legislatureneeds to re-examine the law.

    Specifically, it allows the transport of weapons as long as they are”unloaded and enclosed in a case, firearm-carrying box, shipping box or othercontainer by a person who has been issued a currently valid Firearm Owner’sIdentification Card.”

    “We need to truly clarify the intent of this state law,” said Thom Mannard,executive director of the Illinois Council Against Handgun Violence. “I thinkthe legislature intends for the law to be that people cannot carry weapons ontheir person, whether loaded or unloaded, and especially not in a public placelike a mall.”

    John Birch headed the now-defunct Concealed Carry Inc. in Illinois and oncesuggested that people carry unloaded guns in fanny packs to the Taste ofChicago. He applauded Vecchio’s ruling.

    “This has been the law of the land in Illinois for years, but convincingpolice and state’s attorneys has been an uphill battle,” he said.

    Kranish said he became interested in guns when he was 18 and operated a24-hour Internet cafe in Rockford.

    “I had to be concerned with not only my own safety but the safety of mycustomers,” he said.

    Kranish dropped out of high school, but later earned a General EducationDevelopment diploma. He said he enjoys doing research and began examining gunlaws in Illinois.

    “I couldn’t believe they were so strict,” he said.

    Illinois and Wisconsin are the only states where it is illegal for aprivate citizen to carry concealed weapons. Many states issue permits forconcealed weapons if the owner takes a class and passes a background check.

    Alaska and Vermont don’t require a permit for carrying a concealed weapon.

    Kranish got the FOID card required in Illinois. He said he has spent about70 hours in handgun-training classes.

    The certificates hang on the wall of his office in his parents’ basement.He earned the highest level possible in the 40-hour “tactical pistoltraining” course: expert and combat expert.

    He later began iCarry.org and writes on the Web site, “We will forciblytake back our trampled-on rights in Illinois by growing in number andpetitioning our state representatives. The right to carry by permit will bethe minimum we will accept.”

    By October 2005, when he was enrolled at Rock Valley College, Kranish hadstarted wearing his holster without the handgun because the college handbooksays firearms are prohibited.

    He went to speak to campus security about the no-gun policy, wearing ajacket with the iCarry logo and the holster. Police confiscated the holsterand charged him with disorderly conduct, according to Kranish and his lawyer,Walter Maksym of Chicago.

    The charge eventually was dismissed, according to court records. Maksymsaid a federal lawsuit against the college, which Kranish no longer attends,is pending.

    Kranish resents police questioning what’s in his holster, which he modifiedso that no portion of his handgun protrudes. He declined to say during aninterview how many other weapons he owns, calling it personal business.

    “They really don’t want anyone to own or carry a gun at all,” Kranish saidof police. “And secondly, they really would like for people to depend on thegovernment for defense. They want a monopoly on force.”

    - - -

    Opposing viewpoints of concealed-weapons issue

    *Shaun Kranish, who runs a pro-gun Web site and is an activist for loosergun control in Illinois: “I don’t carry a gun as a statement. I carry a gunfor protection. I think of a gun like a seat belt.”

    *Gary Maitland, Cherry Valley police chief: “This is not the Old West. I’mnot advocating banning handguns. But I’m not aware of any police officer who would advocate more handguns on the street.”
     
  9. isp2605

    isp2605 Member

    Joined:
    May 6, 2004
    Messages:
    1,333
    I'm well aware of the case and it doesn't mean a thing. It has no bearing whatsoever on the fanny pack carry.
    Kranish is definitely not a person one would one to hang their hat on as a case if they think that will keep them out of trouble.
     
  10. Birdmang

    Birdmang Member

    Joined:
    Jun 14, 2009
    Messages:
    1,189
    Can I have my magazines loaded up and in an ammo box or backpack, but have the guns in a separate case?

    Is that legal?
     
  11. isp2605

    isp2605 Member

    Joined:
    May 6, 2004
    Messages:
    1,333
    Mags can be loaded and in the same case as the firearm. Loaded mags cannot be inserted in the firearm. Empty mags can be in the firearm.
    The definition of case is set by statute:
    "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."
     
  12. danbrew

    danbrew member

    Joined:
    Mar 21, 2009
    Messages:
    408
    Relying upon a flyer published by the state police (or internet postings) to keep yourself out of jail, and away from a felony conviction, is just stupid.

    Read the statues. Seek competent legal advice. isp2605 has it right - most state's attorneys will decide on a case by case basis. The ******bag in the story above? The 21 year old that has mastered combat shooting in 40 hours? And lives in his parent's basement? He's getting charges filed. The 70 year old pastor? He may get a pass.

    I'm the first to agree that we have some whacked out laws in Illinois, yet us not liking them is not a pass when we get to court. The idea of an accessible firearm when you're driving or walking down the road, despite its unloaded state, is just asking for a ****ing in this state.

    Honestly, I can't wait to move. But I traded the ability to exercise some of my rights when I decided to move here. I did that for all the usual reasons - family, jobs, money, economy, education, etc. But I'm counting the days until I can move on.

    For the record, I do not believe there is a legitimate way to carry in Illinois. The closest you can come is to have a firearm in the trunk of your car with some ready magazines. And if I have to run to my car to get my gun and then lock n' load, it's probably not going to be viewed as self defense when I pop somebody. For that matter, it would unlikely be viewed by a jury with a half-decent prosecutor as self defense if you were carrying an unloaded gun in a fanny pack and had the time to present the firearm, load it, aim it, and shoot. The mere introduction of your firearm is an escalation of force and all sorts of bad things (legally-speaking) happen when YOU are the person that caused the escalation of force. Granted, perhaps a moot point if Joe the bad guy had drawn down on you and clearly escalated the situation. Yet most of us would probably decide not to quick draw McGraw on Joe in such a situation.

    I. can't. wait. to. move. away. from. this. nutty. state.
     
  13. Birdmang

    Birdmang Member

    Joined:
    Jun 14, 2009
    Messages:
    1,189
    Sorry, I didn't clarify that. I meant if I was driving to the range, could I have my magazines loaded and all in one case, then have the guns unloaded in another case, of course both cases in my trunk?
     
  14. kingpin008

    kingpin008 Member

    Joined:
    Jun 6, 2006
    Messages:
    5,435
    Location:
    Howard County, Merry Land
    Birdmang - Yes, you can have the mags loaded, just as ISP stated. They just can't be inserted in the pistol.

    That means that you can have them anywhere you want - in the case with the gun, in a seperate case completely seperate from the gun, jammed into a Big Gulp cup from 7-11, it doesn't really matter.
     
  15. Rmeju

    Rmeju Member

    Joined:
    Mar 4, 2008
    Messages:
    465
    There are two state laws governing the transport of weapons in IL. One of them does not require that you transport in the trunk, the other one does.

    If you are a resident, you need a FOID card. If you are not, you should be able to show that you are not (a driver's license is fine).

    The other posters are right. Weapons cannot be loaded but there are few other legal restrictions on where the ammunition can be.

    That all said, I have found that because of several factors including a lack of state preemption (local municipalities can and do have varying laws), and varying levels of knowledge of firearms laws by individual police officers, I believe that if you are just trying to travel without incident, the best bet is to keep everything:

    -Cased
    -In the trunk
    -Ammo separated from the weapons
    -Locked (if you want to be 'safe')
    -Do not bring up or admit that you have weapons in the trunk for any reason and don't let anyone seach your trunk.

    No, this is not all required, but may help you avoid hassle by the police.

    By way of example, I was once dragged down to the police station by a cop who was determined to "run a trace on my hi-cap mags to make sure they were pre-ban". No, I'm not bashing cops, they are mostly nice people, but you should be aware that there is some ignorance out there.

    Also, you should check out the ISP website here. This will get you all the info you are looking for from the horse's mouth. If you click on "firearm ordinances" in the upper right hand corner, you can also see the local ordinance information. Be careful, because although local municipalities are legally required to forward their laws for publication by the state, their failure to do so does not protect you in any way if you are in violation, and I know for a fact that not all of them have complied.
     
  16. isp2605

    isp2605 Member

    Joined:
    May 6, 2004
    Messages:
    1,333
    Nope, there is no requirement in IL statutes that you have to transport in the trunk. Unloaded and in a case will meet the legal requirements.
    There are 2 sections dealing with transporting. 24-1 stipulates:
    "Unloaded, and Enclosed in a case, and Not immediately accessible or broken down in a nonfunctioning state."
    Section 2.33n requires the firearm to be in a case.

    The ammo can be anywhere as long as it's not in the firearm. It can be in the same case as the firearm. It can be in the mags as long as the mags are not in the firearm. It doesn't even have to be in a case.
     
  17. Phatty

    Phatty Member

    Joined:
    Apr 2, 2009
    Messages:
    701
    Location:
    Southern Illinois
    The ISP is still publishing that brochure by making it available on its website. There's no mystery that it keeps popping up on the internet when anyone can go to the ISP website and download that brochure. If it's outdated, then the ISP should remove it.

    When the Illinois Supreme Court releases its opinion in People v. Diggins, it will probably provide clarification as to the proper interpretation of the transportation/case requirements. The prosecution in that case tried to convince the court that it should apply the Wildlife Code definition (that you cited) instead of the less specific definition in the Criminal Code. During oral argument, the supreme court seemed to reject the prosecution's argument. Either way, clarification would be nice.

    This will probably still be true even with clarification from the supreme court. Yes, you will likely beat the charges in the end, but you'll have to go through a lot of hassle to get there. Besides, do you really want to wear a fanny-pack? If I was that concerned for my own safety, I'd rather hole myself up in my house than go walking around in public while wearing a fanny pack.

    No, the closest you can come is to have your pistol case sitting on your lap with a pistol and loaded mags (not inserted in the pistol) enclosed. It would probably take all of 2 seconds to open the case, grab the pistol and pop a loaded mag into the pistol.
     
  18. isp2605

    isp2605 Member

    Joined:
    May 6, 2004
    Messages:
    1,333
    No the ISP is not still publishing that brochure and hasn't published it in quite a few years. There's a new brochure that's replaced it.
    That old brochure is an old link on the internet. It's not current and if you called the ISP asking them to send you that brochure you wouldn't get it as it's no longer in publication. People keep pulling it up off an old link. It's 11 yrs old and has been updated at least twice that I recall.

    The statute defining a case is pretty clear. The Wildlife Code is applicable because it's contained in the "Illinois Compiled Statutes". Note the word "Compiled".

    "hassle" is just part of it. Think dollars. Win, lose, or draw it's going to cost someone money to pay for an attorney and resulting costs. Those are costs that aren't reimbursed if the charges are dropped or found not guilty. They're still out of pocket which could be considerable, particularly if a person goes into appeals.
     
  19. Phatty

    Phatty Member

    Joined:
    Apr 2, 2009
    Messages:
    701
    Location:
    Southern Illinois
    If there is a newer brochure(s) that was meant to replace the old one, the ISP should remove the old brochure from its website. Better yet, anyone trying to access the old link, should be automatically redirected to the current brochure.

    I didn't intend to start a legal argument. My point was that this very issue is likely to be conclusively decided in the next several months (probably September).

    My use of "hassle" was meant to encompass everything you mentioned, including the cost of legal representation. Perhaps I should have used a stronger term. I definitely did not intend to downplay the repercussions of having to defend yourself against a felony charge.
     
  20. isp2605

    isp2605 Member

    Joined:
    May 6, 2004
    Messages:
    1,333
    It's an old link on the internet. Once on the internet it's on the internet.
    Go to the ISP website. Here's listing for the most commonly requested brochures. http://www.isp.state.il.us/media/forms.cfm
    You'll see that old brochure is not listed.
    Here's the new brochure. http://www.isp.state.il.us/docs/1-154.pdf
     
  21. alex10-4

    alex10-4 Member

    Joined:
    Jul 13, 2009
    Messages:
    1
    Where to carry my gun in my car......

    I am from out of state and I was wondering if it is legal to carry a loaded gun in a locked compartment in my car in Illinois? Can the police search my car and force me to unlock the compartment? The reason is I have often driven through Illinois like this thinking it was legal and now that I read these posts I have to wonder if I should just leave it unloaded. If there are any IL LE on here that can give some perspective that would be great.
     
  22. isp2605

    isp2605 Member

    Joined:
    May 6, 2004
    Messages:
    1,333
    No. IL law requires firearms to be unloaded and in a case.

    Possibly. It will depend on the totality of the circumstances during the stop.

    35 yrs state and federal in IL, retiring as a senior command with the ISP. I answered similar questions on almost a daily basis.
     
  23. sarge83

    sarge83 Member

    Joined:
    Jan 2, 2003
    Messages:
    609
    Location:
    Kentucky
    I have to go to this hole of a state this coming weekend and disarm on the IL line.

    Hi-power goes to the enclosed case in the back under luggage unloaded. Perhaps I can use harsh language on a potential perp until I get get it, load it and use it if need be, then again I could just wait for the police to show up and save me, mmm-huh:rolleyes:
     
  24. Deanimator

    Deanimator Member

    Joined:
    Mar 30, 2006
    Messages:
    10,599
    Location:
    Rocky River, Ohio
    My best friend and I went hunting on his family's farm in Catawissa, Missouri last year. I carried all the way from Cleveland, across Indiana, then had to stop and disarm. Even though I apparently didn't need to, I unloaded the magazines as well. They'd have done me no good anyway. Once we got to Missouri, I loaded magazines and gun again and went about my business. When we came back, I reversed the process.

    We spent NO money in Illinois. Let your money do your talking.
     
  25. ThePunisher'sArmory

    ThePunisher'sArmory Member

    Joined:
    Jun 23, 2009
    Messages:
    888
    Location:
    Belleville, Il
    Ive always carried my guns in one case and ammo in another, mags not loaded when going to the range. As far as carrying a weapon for defense in illinois its out of the question. Simply put illinois lawmakers would rather have you dead, mugged, or raped than to defend yourself. After all thats what the cops are for you should be able to call them in times of emergency and they will be there promptly, well within 15min to an hour, to assist you.:rolleyes: I loath this state and also cant wait to move.
     
Thread Status:
Not open for further replies.

Share This Page