Flying with guns...
This is a discussion on Flying with guns... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Not sure why everybody keeps misrepresenting ILs laws here, you're allowed to take possession of your gun in IL, at the IL level; transfer in ...
July 11th, 2011 07:47 PM
Not sure why everybody keeps misrepresenting ILs laws here, you're allowed to take possession of your gun in IL, at the IL level; transfer in Rockford, Champaign, Bloomington or Springfield and this is not an issue. Chicago's permit system is the hang up, and thanks to the USSC it's no longer a blanket prohibition, just a lot of fine print to sort and make certain there is compliance with.
Keep it in it's case in IL and you meet state law, have a permit from your state and you can have it out of the case in the same manner that any IL resident would be allowed to. Both important facts for anyone driving through the state but finding themselves needing to stop at a hotel for the night.
(430 ILCS 65/2) (from Ch. 38, par. 83‑2)
Sec. 2. Firearm Owner's Identification Card required; exceptions.
(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
Now here is the important caviet to that law, it does not overrule local law, so cities like Chicago can have more restrictive laws. Now thanks to McDonald and Heller cases Chicago cannot outright ban firearms; however the city still requires a permit. However this law has exceptions that include
Now what constitutes lawful transportation of a firearm in Chicago, well you need to look at the State law already referenced and the city law which states
(17) a person while engaged in the lawful transportation of a firearm
Now the airport is a bubble of Chicago city limits, all the local hotels except perhaps the hilton at the airport are in other cities, which means you're not staying the night within the city limits of Chicago if you make some of the right choices here, and if you get stalled from a 3 day snowstorm just stay in a hotel in a city that it won't apply to and when within the city limits of Chicago keep it to. And any stop isn't going to remove the Interstate travel protections, time is and if you can make a case it is "rebuttable"
It shall not be a violation of this chapter if a person transporting a firearm or ammunition while engaged in interstate travel is in compliance with 18 U.S.C.A. 926A. There shall be a rebuttable presumption that any person within the city for more than 24 hours is not engaged in interstate travel, and is subject to the provisions of this chapter
Firearms registration does not apply under the same type of exemptions ref Chicago municipal code 8-20-140 (f) (5) and (9)
TITLE 18 > PART I > CHAPTER 44 > § 926A
§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible
or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
Transport via car and you're ok, you could even spend the night if you were out of the city in under 24 hours (with city traffic a feat in and of itself IMO) but because of the gap between the ticket counter and a taxi to get you to the hotelit gets hairy. Though locked in a nonfunctioning state inside of case inside of a bag that is locked would make a good case for not immediately accessible involved in the transport of, I still think in the IL and Chicago anti culture, it would likely end up resulting in you going to court if not prison. If someone is aware of case law that shows 18 USCA 926A isn't limited to vehicle travel, but covered all means of travel including foot traffic as long as it meets not readily accessible, I would love to see it, but I think it takes the short sighted car only means of transportation into account. It's not a matter of not being allowed to have it, it's a matter of exactly where when and how you have it. Fly through a different hub or request they retain your luggage and get it on the flight matching your outbound ticket, which is the route I'd be going if I got diverted to an Anti Gun state due to weather.
Glock Certified Armorer
July 11th, 2011 07:51 PM
Looks like I was right in not bringing a weapon.
Sometimes, my little voice is right.
October 6th, 2011 06:08 PM
Thanks for the post on Chicago
I am leaving tomorrow morning on Southwest to Midway . I was thinking of transporting my firearm because I will be driving through Indiana to Ohio where I can carry in both states. I previously traveled through St Louis I had no qualms carrying a weapon . Kept it in locked case as I traveled to Springfield, IL then on to Ohio. A year ago , my son and daughter-in-law moved to Lincoln Park , where I will stay more than 24 hours. After reading your post, I will leave my firearm at home. I was aware of the NY city travel problem and suspected similar in the city of Chicago. Thanks for posting .I can't fly into Chicago and keep legal. Guess I need to travel through neighboring states, or down state airports, as you suggested.
October 6th, 2011 07:36 PM
Or you could just fly delta which has their main hub in Atlanta.
October 6th, 2011 08:05 PM
Quoted for empahsis. My personal rule is NEVER to take my firearm along on air travel if I fly through or to NY/NJ, IL, MA, CA, or any other state or locality that doesn't recognize my permit. Why risk it? It's not like being stranded over night in an airport is a rare occurence.
Originally Posted by beni
I also ensure any connections are through hubs where my permit is honored.
/but that's just me.
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