Question about the Illinois Concealed Firearm Act

Question about the Illinois Concealed Firearm Act

This is a discussion on Question about the Illinois Concealed Firearm Act within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Sec. 65 of The Illinois Firearms Concealed Carry Act prohibits carrying on public transportation. My instructor in my CCL class said that, if you are ...

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Thread: Question about the Illinois Concealed Firearm Act

  1. #1
    Member Array oilcan850's Avatar
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    Question about the Illinois Concealed Firearm Act

    Sec. 65 of The Illinois Firearms Concealed Carry Act prohibits carrying on public transportation. My instructor in my CCL class said that, if you are traveling between places where it is legal to carry a firearm, then you can legally transport a firearm on public transportation, provided that it is entirely enclosed in a locked or zippered case, and unloaded. But I canít find this exception in the statute Ė does anyone know if my instructor is correct?

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    Member Array Dulla's Avatar
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    It's called container carry or fanny pack carry. Most people are interpreting page 2 of this pdf from the isp http://www.isp.state.il.us/docs/ptfire.pdf

    How can I legally transport a firearm on my person or in my vehicle?
    Three statutory codes regulate the possession, transfer, and transportation of firearms — the Criminal Code,
    the Wildlife Code, and the Firearm Owner’s Identification Act.
    Under Unlawful Use of Weapons (UUW) in the
    Criminal Code
    , persons who have been issued a valid FOID
    card may transport a firearm anywhere in their vehicle or on their person as long as the firearm is unloaded and
    enclosed in a case, firearm carrying box, shipping box, or other container. Firearms that are not immediately
    accessible or are broken down in a non-functioning state may also be carried or transported under the Criminal
    Code. The
    Wildlife Code
    , however, is more restrictive. It requires that all firearms transported in or on any
    vehicle be unloaded and in a case.
    Because of this, it is recommended that, in order to be in compliance with all statutes, all firearms be
    transported:
    1. Unloaded and,
    2. Enclosed in a case, and
    3. By persons who have a valid FOID card.
    Unless specifically exempted from UUW, a person commits a Class 4 Felony if he or she violates the UUW law
    in the Criminal Code (i.e., unlawfully carries on their person or illegally transports a firearm in a vehicle)
    AND
    one or more of the following aggravating factors apply:
    (1) The firearm possessed was uncased, loaded, and immediately accessible at the time of the offense;
    (2) The firearm possessed was uncased, unloaded, and the ammunition for the weapon was immediately
    accessible at the time of the offense;
    (3) Does not have a valid FOID card;
    (4) Was previously adjudicated of a felony as a juvenile;
    (5) Was engaged in a misdemeanor violation of the Cannabis Control Act or the Controlled Substances Act;
    (6)
    Is a member of a street gang;
    (7) Has had an order of protection against them in the last two years;
    (8) Was engaged in the commission or attempted commission of
    a misdemeanor involving the use of violence
    against another person or the property of another; or
    (9) Is under 21 years of age and in possession of a handgun, unless the person is engaged in hunting activities
    under the Wildlife Code.
    What constitutes a legal “case”?
    The Criminal Code refers to a “case, firearm carrying box, or other container; however, the Wildlife Code is more
    specific, defining case 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.”
    People have been arrested for container carry but nobody has been convicted that I'm aware of. The container also has to be designed for housing a gun
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    Senior Member Array RightyLefty's Avatar
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    Are you sure the instructor wasn't referring to the interstate transportation of firearms? That only applies when traveling from one state to another and applies to mass transit (Amtrak, airlines, etc.) only in checked baggage. I wouldn't want to be a test case on this one until you got clarification from a lawyer.
    blackhawkfann24 and SWIll like this.

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    Quote Originally Posted by oilcan850 View Post
    Sec. 65 of The Illinois Firearms Concealed Carry Act prohibits carrying on public transportation. My instructor in my CCL class said that, if you are traveling between places where it is legal to carry a firearm, then you can legally transport a firearm on public transportation, provided that it is entirely enclosed in a locked or zippered case, and unloaded. But I can’t find this exception in the statute – does anyone know if my instructor is correct?
    Refer to ILCS 720/5-24. That method of carry has nothing to do with the concealed carry ILSC 430/66
    I like all kinds of foreign guns.

    "Arm yourself because no one else here will save you..."

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    Member Array blackhawkfann24's Avatar
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    Quote Originally Posted by RightyLefty View Post
    Are you sure the instructor wasn't referring to the interstate transportation of firearms? That only applies when traveling from one state to another and applies to mass transit (Amtrak, airlines, etc.) only in checked baggage. I wouldn't want to be a test case on this one until you got clarification from a lawyer.
    I agree with him ^^^^. I say let the instructor test that theory. Local transport meta bus or train is strictly prohibited from everyone I have ever talked to about it concealed or broken down in locked box. But now if that lock box was in a backpack and no one can see it...I would say it is your gamble

  6. #6
    Member Array ljnowell's Avatar
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    TRANSPORT is not illegal on public transit. Carrying concealed is.

    Go over to http://www.illinoiscarry.com if you don't believe me.


    Sent from my iPhone using Tapatalk

  7. #7
    Senior Member Array Gaius's Avatar
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    Hi Dulla:

    just an FYI, the document you are using on Illinois Giun Laws is out of date. it goes back to the old Governor George Ryan days. For example, the State Supreme Court ruled about two or three years ago that a "container" also includes your car glove box or console.
    hick63 likes this.
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    What I was taught was carrying on public transportation is the same as carrying in a vehicle or on your person without a permit. Unloaded in a container. In a car, it could be a console or glove box, etc. On your person, a fanny pack or briefcase, etc. The problem is that removing the gun from the holster to unload and store it in the fanny pack amounts to brandishing, so, that's it's own problem.

    I heard of guys carrying like this before we got CCW and that LE admitted that it was legal, but I never tried it nor did I ever hear of a court case testing it.
    I know little on the subject so I'll speak at length.

    If you have an excuse for failure, you will.

  9. #9
    Senior Member Array Gaius's Avatar
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    More or less correct. However, if you are taking Amtrack/Metra for instance, there are special rules.
    Best way to win a gun fight? "That's easy, don't show up."
    --Wyatt Earp

    "Fast is fine, but accuracy is everything."
    --Wyatt Earp

  10. #10
    Member Array todd1911's Avatar
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    First I would call and ask your Instructor. I believe that he was refering to the FOID law. The few places that are "off limits" for conceal carry, still fall under the Legal carry for FOID law. Again, Call the instructor and ask him to clear it up, I encourage all of my students to call with any question at any time, I also would consult and attorney about this there are good one in Bloomington.

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