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.
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.”