Driving through Gary IN & Chicago IL to WI

This is a discussion on Driving through Gary IN & Chicago IL to WI within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi! Planning on a trip from Ohio to Wisconsin. I'll be driving, and will be staying in a hotel for about a week. I'll be ...

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Thread: Driving through Gary IN & Chicago IL to WI

  1. #1
    New Member Array rkdn28's Avatar
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    Driving through Gary IN & Chicago IL to WI

    Hi!

    Planning on a trip from Ohio to Wisconsin. I'll be driving, and will be staying in a hotel for about a week. I'll be traveling through or near Chicago and Gary. I've an Ohio CCH license, and I'd very much like to travel with my SIG P250c, but I'm pretty bad at reading legalese (my eyes tend to roll up and I begin to nod off), and I'd really like to get some advice.

    What I've come up with is as follows: I can carry in Ohio and most of Indiana, but I'd have to disarm around Gary all the way through Chicago and onto Wisconsin. What I'm not quite getting is transporting my handgun through Gary and Chicago. If I read the federal law right, I can transport any handgun anywhere, so long as the handgun is unloaded, and the magazines are unloaded, and the ammo is boxed up, and that the handgun is within a locked container made for the purposes of holding guns, and that said box is not within easy reach, and that the locked container be in one bag and the mags and ammo be in another bag. If I read the Illinois statute 720 ILCS 5/24-1 right, the conditions set by federal gun transport law should work. Not sure about Gary's laws, but I would think that would work there, too. And I think that will do for the rest of the trip through Wisconsin. Have I missed anything so far?

    I'm also unsure of how I'd manage at the hotel. Could I bring the GunVault up to my room and leave it there? Could I load the gun and magazines within the hotel room? Am I even allowed to carry in the hotel room? Is it considered a private residence for the purposes of carrying while I'm there?

    And what about leaving the locked-up gun and ammo in my car while in Wisconsin? Would it be considered concealed if I used the cargo cover? I think someone was convicted of concealed weapon prohibition for driving with a gun locked in a glove compartment (State v Fry, 1986).

    Thanks in advance!

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  3. #2
    Ex Member Array azchevy's Avatar
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    I would avoid Chicago altogether. Period

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    Member Array XDM40cal's Avatar
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    As long as you dont stop in chicago,other than stopping for fuel you should be ok, as for the hotel, follow WI laws(state)...I dont think you would have a problem with having it with you at the hotel...
    I would check with the hotel's bio to see if the dont...

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    New Member Array craigm's Avatar
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    Follow the federal laws for interstate transport and don't stay in Chicago for any excessive amount of time.
    Last I knew, your Ohio license meant nothing in Wisconsin, and you won't be able to conceal there. The transport part is simple. Wisconsin's gun laws are not simple.

  6. #5
    Member Array BRachum's Avatar
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    In Illinois in general (outside of Chicago and Oak Park) you need to take out the magazine from you semiauto or unload you wheelgun and place both in a closed container (in the trunk if a car, out of reach in a van, SUV or Pickup). It does not have to be locked or the ammo removed from the magazine. My advise is to take the tristate (294) AROUND Chicago, as unregistered handguns in the city of Chicago are illegal for law abiding citizens, only police, politicians and gangbangers can carry.

    There was a case in Peoria where the judge did state that the center console of the vehicle did count as a case, but the firearm needed to be unloaded (mag removed).

  7. #6
    Distinguished Member Array INccwchris's Avatar
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    State of Indiana law overrides Gary law, stay on the interstate, you will be ok, Gary PD not legally empowered on interstate highway to do traffic stops, avoid the off ramps and make it to the other side, no hassles, no court battle to prove u are right, and you get to be safe and protected
    "The value you put on the lost will be determined by the sacrifice you are willing to make to seek them until they are found."

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    Senior Member Array press1280's Avatar
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    WI is generally an open carry state but that only applies on foot, so in a vehicle I'd stick with Federal transport regs.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
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    Member Array ispcapt's Avatar
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    Quote Originally Posted by BRachum View Post
    In Illinois in general (outside of Chicago and Oak Park) you need to take out the magazine from you semiauto or unload you wheelgun and place both in a closed container (in the trunk if a car, out of reach in a van, SUV or Pickup). It does not have to be locked or the ammo removed from the magazine. My advise is to take the tristate (294) AROUND Chicago, as unregistered handguns in the city of Chicago are illegal for law abiding citizens, only police, politicians and gangbangers can carry.

    There was a case in Peoria where the judge did state that the center console of the vehicle did count as a case, but the firearm needed to be unloaded (mag removed).
    Pretty much but not completely accurate.
    For transporting in IL the firearm must be unloaded and in a case.
    Unloaded means no ammo in the gun. Mags can be loaded and can be in the same case as the firearm but a loaded mag cannot be in the firearm. Unloaded mags can be in the firearm. Mags and ammo do not have to be in a case.
    A 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 lock but it does have to have a method of closure, ie, zipper, tie, etc.

    The case referred to in the quoted section is not completely accurate and such information could get a person in trouble.
    The ruling did not say the console was a case. The court ruled it was a container. Big difference.
    The ruling only applied to the Unlawful Use of a Weapon (UUW) statute which is specific in permitting the firearm to be transported in either a case or container. However, the ruling had no bearing whatsoever on the Uncased Gun statute which stands as written and contains the definition of "case" as I provided in the preceeding paragraph.
    The UUW and Uncased Gun statutes are 2 separate statutes, each having their own elements. Both apply when transporting a firearm in IL. If you take the information in the quoted section and transport a firearm only in a console then all the court ruled was you cannot be charged with UUW, however, you can still be charged with Uncased Gun.
    183 FBINA

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    Senior Member Array LeCalsey's Avatar
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    Go up through MI and take the ferry from Ludington. The scenery is better and MI is friendly. That is how I do it. I despise Chicago. The one and only time I went through Chicago, I got rear-ended on 94 by a full-size Ram pick up in my brand new Toyota Sequoia. Ruined the entire trip
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    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by LeCalsey View Post
    Go up through MI and take the ferry from Ludington. The scenery is better and MI is friendly. That is how I do it. I despise Chicago. The one and only time I went through Chicago, I got rear-ended on 94 by a full-size Ram pick up in my brand new Toyota Sequoia. Ruined the entire trip
    Well depending on where in Wisconsin you are heading you could just go up I-75, across the Mackinaw bridge and take US-2 across to Wisconsin. We are taking a trip to Minnesota next month and the distance from our house through Chicago is slightly less, but travel time is equal going through the upper pennisula. It's a much more scenic drive too.

    I don't know the exact amount but I have heard the ferry cost quite a bit. It does save just a little travel time, depending on how long you have to wait for the ferry to leave, verses if you kept driving. The only other advantage is you can catch a cat nap on the ferry, something you shouldn't do while driving.

  12. #11
    Senior Member Array canav844's Avatar
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    Illinois Carry Guide - ICarry.org

    Wisconsin Carry Guide - ICarry.org

    In IL take the Tollway around the city, get gas before entering the state, don't stop if you can help it. That said I went to IL last weekend, did not carry and survived.

    In WI OC as much as you can, depend upon where in WI you're planning on going will likely determine the response you get though. The WI link has a pamphlet you should print out and have on you if approached by LE, as some are ore familiar than others about the laws.

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  13. #12
    Member Array ispcapt's Avatar
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    Quote Originally Posted by canav844 View Post
    Who ever wrote ICarry's opinion for IL should have at least bothered to contact the IL AG and do a bit more research before posting such erroneous information.
    They wrote "If you are engaged in activities under the Wildlife Code, you should have a case designed specifically for a firearm."
    Had they done their research they would have learned there are cases decided by the ILSC and courts thru-out the state which explain it that the Uncased Gun statute applies and being "engaged in activities under the Wildlife Code" are irrelevant. IL, as most states, has "compiled" statutes which mean they all apply. Had whoever wrote their information had any understanding of Diggins they they would have known that Diggins only applied to the UUW statute and the definition of "case" and Uncased Gun law still are in full effect.
    They also refer to a pamphlet under Gov Ryan, Director Nolen, and Director Manning. That pamphlet went out of print nearly 12 years ago and was replaced by an updated version with current statutes and case law. Since that time court cases have clarified the statutes.
    Another example where they didn't do their homework is in describing the "fanny pack carry".
    And where do they credit their information? "Champaign County Rifle Association." Hardly a legal body nor known for their accurate interpretations of the law. They are known for publishing what they want the law to be and not what the courts have ruled the statutes to say. They sure aren't going to be the ones sitting in jail or paying your fines or having convictions on their records because someone followed what they want the law to say and not what it actually is.
    Be very careful.
    183 FBINA

  14. #13
    New Member Array Gumbo's Avatar
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    Don't forget about the 1,000 ft school zone while you're in WI.

  15. #14
    Member Array logan's Avatar
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    In WI you can OC everywhere except:
    Within 1000 ft of a school zone (The law reads if you knowling carry into a school zone, but still be conscious of where they are. Also, if you are on private property, including parking lots, you can carry within that 1000 feet.)
    In a place that serves alcohol for consumption (restaurants, bars, etc.)
    In state parks
    In a vehicle
    In a federal owned building

    When driving in WI, keep the gun unloaded and encased in the back of your car. When you get the gun out, take the case COMPLETELY out of the vehicle. Do not set the case on top of the car while getting your gun out. If you must set it down, set it on the ground.

    As far as the hotel goes (if it's in WI), I don't see why you couldn't OC into the hotel, and have the gun sitting on the nightstand while your sleeping.

    Feel free to OC everywhere you can. Just keep a WI pamphlet with you to discuss with people who question your ability to carry. Here's the WI pamphlet I carry with me when I OC:
    http://dl.dropbox.com/u/4656643/OC%20pamphlet%2015.pdf
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  16. #15
    New Member Array rkdn28's Avatar
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    Thanks, everyone, for the many prompt replies!

    @logan or anyone who would know: Regarding the hotel room (it's a Marriott, btw---haven't yet discovered if I'm allowed to bring a gun there), are you saying the gun has to be completely in the open in my room to be legal? It can't be hidden underneath a pillow or in a drawer?

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