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Traveling to Illinois with firearms (AR15)

Discussion in 'Legal' started by Warp, Nov 13, 2012.

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  1. Warp

    Warp Member

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    I have done a little research (IANAL) and it appears that there are no state laws that would prohibit me from bringing my AR15 (with 30 round magazines), or my handguns, so long as they are properly unloaded and all that. (handgun unloaded in a car safe, rifle with cable through action, in a case, in the back)

    I would not be going to or through the city of Chicago.

    Is there anything I am missing?

    I understand Illinois does NOT have state preemption, and local government can impose more restrictive laws?
     
  2. PapaG

    PapaG Member

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    Unloaded and properly cased. State law says ammo can be in the case but not in the gun. Some municipalities state otherwise. To be truly safe unload it, case it, stash it in the trunk and out the ammo in another box. Great state, what?
     
  3. 1hobie

    1hobie Member

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    As far as you stay away from Chicago, you're good to go. Gun cleared and safe in a case, mags empty, ammo secured in some container, no problem. We down staters don't have any issues with our LEOs as long as we don't get stooopid.
    Welcome to the last bastion of BS gun control....;)

    Hobie..west central Illinois.
     
  4. Warp

    Warp Member

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    Mags empty??
     
  5. 1hobie

    1hobie Member

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    Actually, you can have loaded magazines as long as they're seperate from the gun IIRC. However coming from out of state with a few 30 round mags fully loaded might give a wrong first impression....;)
     
  6. Warp

    Warp Member

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    I don't care what impression I give.

    I care about what is and is not legal.

    I really wish I didn't have to travel to such a craphole of a state. I mean...really...OH MY GOD HE HAS THREE 30 ROUND MAGAZINES LOADED! TERRORIST!!!!1!!ON3

    I really wish my in-laws didn't live there.
     
  7. Warp

    Warp Member

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    What about Cook County?

    I'd probably be going west on I80, which cuts through southern Cook County. :(
     
  8. Kingcreek

    Kingcreek Member

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    There is Chicago, and then there is the rest of the state...
    The attitude toward guns is not at all hostile in the real Illinois.
    Springfield Armory, Rock River Arms, LMT, Armalite, etc all made in Illinois within a few miles of each other in Henry and Rock Island Counties.
    The law enforcement folks are by and large no problem at all. All the ones I meet are sympathetic.
    Welcome to Illinois, Relax and follow the law. Enjoy.
     
  9. henschman

    henschman Member

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    In a state that has no preemption law, in which municipalities can basically regulate guns however they want, there is really no practical way to know every single town's laws on the subject. Legally speaking, your greatest protection is to say "no" if asked if you have any firearms by a cop, and to never consent to any searches.

    I will let someone more familiar with IL law answer the question about whether mags need to be carried empty to be legal.
     
  10. Onmilo

    Onmilo Member

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    Stay on I-80 or south and you will find the state to be pretty lenient when it comes to travelling with firearms.
    Don't have anything loaded, magazines can be filled but seperate from the firearm, i.e. in pouches attached to the outside of the gun case.

    My personal advice. If an L.E. asks to search your vehicle, decline, let him get a warrant, call your lawyer immediately.
    Chances are good he won't be able to obtain one on 'probable cause' if the drug dog doesn't hit on anything & the state doesn't want lawsuits, bad for publicity and all that.
    Probable cause in this state usually applies to possible gang member or drug mule. It is extremely difficult to get a probable cause warrant on Joe Average Citizen here especially if you have no federal record.
    It will take about 2-4 hours of BS then you will be released and likely whatever you were pulled over for will be dropped.
     
  11. henschman

    henschman Member

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    On a traffic stop, cops only have legal authority to detain you for the length of time it would reasonably take them to investigate the offense and issue a citation. There is no way that they could legally detain you on the side of the road for 2-4 hours, or anything close to that, while they wait for a warrant. Even if they are going to call a drug dog, if they can't get him there within 15-20 minutes or so, any search based on the dog will get thrown out if the only reasonable suspicion/probable cause they had was that you broke a traffic law. That is why you never see cops getting warrants to search cars on the side of the road.

    This is a bit off topic, but I always like to address incorrect legal advice.
     
  12. Onmilo

    Onmilo Member

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    I never said you would be detained on the side of the road now did I.
     
  13. Warp

    Warp Member

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    I think y'all need to step you game up. Somebody asked a similar question on another forum:

    Illinois
    Aurora
    (§ 29-49) bans the possession, sale, or acquisition of large capacity feeding devices
    (magazines with a capacity of more than 15 rounds).

    Chicago
    (§ 8-20-030(i) and 8-24-025) bans the transfer, acquisition or possession of assault
    ammunition (any ammunition magazine having a capacity of more than 12 rounds).
    Franklin Park

    (§ 3-13G-3) bans the transfer, acquisition, possession, manufacture or distribution of assault
    ammunition (any detachable ammunition magazine having a capacity of more than 16
    rounds).

    Oak Park
    (§§ 27-2-1 and 27-1-2) bans the possession and sale of large capacity feeding devices
    (magazines with a capacity of more than 10 rounds).

    Riverdale
    (§ 5.120.180 and 5.120.190) bans the possession, transfer, acquisition or manufacture of
    assault ammunition (a detachable magazine box with a capacity of “more than 35 rounds
    centerfire.”).


    I guess this is another example of why taking legal advice from an internet message forum is a bad idea.
     
  14. average_shooter

    average_shooter Member

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    It's been a while since I've read it, but I do believe that the federal law protecting traveling with firearms across state lines (interstate travel) requires that they be "unloaded in chamber and magazine." The exception here would be if you are licensed / permitted / etc on both sides of the state line you're crossing.

    What that protects is if you're AR is legal where you're starting from, and legal where you're going, but you've got to travel through Chicago, in Chicago you can't be cited for the rifle, though they may gig you for the loaded magazines. Thus, unloaded in chamber and magazine.
     
  15. Warp

    Warp Member

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    Good point.

    I will be able to avoid the city of Chicago (and every other city listed above), so that is what I will do.

    When I fly through Chicago I often have my 12-15 round Glock magazines loaded. I didn't think that one through well enough, apparently, so thanks for that heads up. I'll be unloading those magazines for airline travels there in the future
     
  16. average_shooter

    average_shooter Member

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    I may have to correct myself:

    I guess nothing here actually covers magazines being loaded / unloaded, except the "readily accessible" language. If it's not accessible you should be good.
     
  17. Warp

    Warp Member

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    That law really says you have to be able to lawfully possess and carry such firearm at your destination to be covered by it? Really??
     
  18. average_shooter

    average_shooter Member

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    They don't seem to be good with definitions in this act, however "carry" seems to mean or include here "transport." You don't always have to be talking about CCW when talking about "carrying" firearms. They may be carried in the hunting fields, on ranges, transported, etc. Key language here is, I believe:

     
  19. bushmaster1313

    bushmaster1313 Member

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    Very nice that they give out of state residents more rights than the in state residents
     
  20. flyskater

    flyskater Member

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    I almost got robbed near the United Center in Chicago a month ago during my trip. When I realized he had no gun, but just a club, "I told him he is messing with the wrong person because I fight in BJJ and martial arts competition," he just went the other way.
    That's why I hate going to states that don't honor my state license.
     
  21. jim243

    jim243 Member

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    It means that you can not be a convicted felon, drug addict, under a order of protection for domestic violence or deemed mentally unstable. Same restrictions as for purchasing a firearm. In addition if you are a Illinois resident, you must have and be carring a State of Illinois FOID card.

    The State of Illinois is not a gun unfriendly state, but a gun CARRY unfriendly one. Keep your case locked and you will have no problem.

    Jim
     
  22. Trent

    Trent Resident Wiseguy

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    Mag doesn't have to be empty.

    Guns don't need to be in a separate compartment. You don't have to put them in your trunk, or whatever. Just unload them, and put them in a case.

    Per Supreme Court ruling in IL, "Center Console or Glovebox" counts as a case.

    So you can put a bare handgun and a couple of loaded magazines in the center console. No need to have them seperated or the handgun in a case or anything.

    Rifles, obviously won't fit in most center consoles. :)

    So put those in a bag, pull the upper and lower apart. (You can transport them if they're "broken down in to a non functioning state")

    I will say this - Stay the hell out of Chicago.

    They get NASTY with people who have guns in the car, even though LEGALLY you're allowed to transit through without being molested.
     
  23. Warp

    Warp Member

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    My (soft sided) rifle case doesn't have a lock, and I don't think I have any of those little luggage locks that fit through zippers
     
  24. NukemJim

    NukemJim Member

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    One thing that seems not to have been mentioned is that it is not only Chicago you have to avoid but also Cook County (in which Chicago is located). They also have an AWB and a 10 round limit on magazines.

    NukemJim
    PS you do not have to have a lock on your case as long as it is closed all the way, tied shut or whatever
     
  25. JTHunter

    JTHunter Member

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    Here is a link to the ISP FAQ's: http://www.isp.state.il.us/foid/firearmsfaq.cfm.
    Being from out of state, and not coming to hunt, it would be in your best interest to put the guns in cases, not just with the padlock, and in the trunk, NOT the back seat.
     
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