Illinois Question

Illinois Question

This is a discussion on Illinois Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; If stopped in the state Illinois and not carrying, as everybody know's it is not legal. Do I legally have to disclose my CPL to ...

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Thread: Illinois Question

  1. #1
    Member Array backyardshooter's Avatar
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    Illinois Question

    If stopped in the state Illinois and not carrying, as everybody know's it is not legal. Do I legally have to disclose my CPL to LEO . Gun is locked in safe under the seat ammo in in bed of truck locked in a box.
    Michigan CPL


  2. #2
    Member Array Shadow662's Avatar
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    No I don't belive that you have to tell the LEO that you have a CPL as it's not going to make any diffrence because you can't carry. If you did mention it, it may give him a reason to search you. Beliving that you are carrying. If he asks then you should disclose that you have a pistol locked in the trunk. You may want to check the Illinois website and see their laws on transporting firearms.

  3. #3
    New Member Array PMIPT's Avatar
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    While travelling through Illinois last spring I was pulled over for speeding and while moving to the side of the road I unloaded my weapon and place the gun on the passenger seat. When the trooper got to the window, leaving my hands on the steering wheel I advised the officer that I had an unloaded weapon on the passenger seat and would he be so kind to get it. The trooper retrieved my glock and placed it in his car. At which time he radio'd for back up. I was removed from the vehicle and frisked. My vehicle was searched. I was question on the ownership of the gun (I had the reciept on me) and why I was carring it. Long story short I was polite to the troopers, the officer that pulled me over broke my gun down and locked in its original box and had me secure behing my back seat. Ammo was removed from the clips and stored in one piece of luggage and the mags in another. The troopers advised me that it is only legal to transport through Ill if the gun is locked up and not able to get to it. Unless you want to spend and hour or so on the side of the road explaining why you even have a weapon then I would advise not to mention it. Transporting is not the same as conceal carry.

  4. #4
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    Unloaded in a case where you cannot access it is alright. Then you do not have to say anything. Having said that, there cities where handguns are a no no like Chicago and others. Maybe the Ill State Police web site lists them.
    <
    As a side note the gun has to be unloaded, not a mag stored somewhere; however, why push it, just unload them in case of a LEO that shoots from the hip and does not know all aspects of the law.

  5. #5
    Ex Member Array itowbigtruck's Avatar
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    I believe in IL, Firearm is to be secured in the rear most part of the vehicle separate from any ammunition. Jf they just corrected you on the side of the road, you were very lucky. If you had it loaded driving through IL, and ubloaded it while you were being pulled over, your lucky you weren't pulled out at gunpoint as most LEO will notice your suspicious aactions while they are waiting for you to stop. You are lucky you didn't end up a convicted felon.

  6. #6
    Member Array BRachum's Avatar
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    In Illinois the gun needs to be unloaded and locked up where it is not accesible. If you have a pickup truck you can have the gun in a locked case behind the seat with the ammo in another container. In Chicago and Oak Park possession of a hand gun is still illegal (in spite of Heller Vs DC), unless you are a Chicago City Council member. You are very lucky that you did not have it taken away from you at the least or time in jail as carrying in Illinois is a felony.

  7. #7
    Member Array backyardshooter's Avatar
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    Question was do I have to inform Leo I have a cpl. During a traffic stop in Ill.

  8. #8
    Senior Member Array KevinDooley's Avatar
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    For the original poster... as they have no provision for CCW/CHL/CWP... they also have no provision for informing them if you do have one from another state. If your firearm is being transported properly (or at least out of sight) hand them your driver's license and insurance and keep your mouth shut... Politely thank them for whatever ticket you earned and go about your business...
    Quis custodiet ipsos custodes

    The will to win is worthless if you do not have the will to prepare. -Thane Yost

  9. #9
    Member Array backyardshooter's Avatar
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    Thank You

  10. #10
    Senior Member Array DrLewall's Avatar
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    stay the hell out of IL? Go around? I will NEVER ever set foot back into IL due to their "kingdom rulings".
    "Brains before Bullets"

  11. #11
    New Member Array Hog Rider's Avatar
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    Here's the problem, a synopsis of Michigan law says:

    Responsibilities of Individuals With a CCW License:

    An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.

    Failure to disclose this information to a police officer carries the following penalties:

    First offense = State Civil Infraction - $500 fine and 6-month CCW license suspension.

    Second offense = State Civil Infraction - $1000 fine and CCW license revocation.


    I don't see where it makes the distinction between carrying, or transporting...... seems the obligation is to "inform" when stopped, and it doesn't say the requirement is only relevant in Michigan. If somebody knows for "certain", I'd appreciate an answer.

  12. #12
    Member Array CornstalkCop's Avatar
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    I'm an Illinois LEO. As long as your firearm is in a case and unloaded [ammo CAN be in the case in a magazine] and out of reach, you are legal. Unless you are traveling through a city with an ordnance against firearms, then you can be cited or other.

    SO....either way, just STFU about a gun in the car.

    And for the love of all things, don't be handling guns in the car when pulled over!
    - You never need a gun until you need one very badly.

    - Running is for people who don't have ammo.

  13. #13
    Member Array ispcapt's Avatar
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    CornstalkCop is correct. The gun only has to be unloaded and in a case. The case has to be made specifically for carrying a firearm and have some method of closure, ie, tie, buckle, snap, etc. The case does not have to be locked but it does have to be secured by some method. Ammo can be carried in the same case as the gun but no ammo can be in the gun. Mags can be loaded but no loaded mags in the gun. To comply with FOPA it is recommended the firearm be carried in a part of the vehicle that is inaccessible to the occupants. IL law doesn't require that but FOPA does.

    PMIPT was lucky he only had a minimum delay. His gun wasn't cased. He could have been cited for uncased gun and the gun confiscated until trial and the judge released the gun. He got a break that day. Actually he was double lucky. Unloading his gun while moving to the side of the road is considered a furtive movement and not smart. He's lucky he didn't get a .40 stuck in his ear until the situation was secured. Even in states that have CCW don't go handling your gun when getting pulled over. You might not get as lucky as PMIPT. You might get shot. You might have the best intentions in the world but to the LEO walking up to the car all he knows is someone he doesn't know has a gun in his hand.
    You can go to the ISP's website http://www.isp.state.il.us/ and click on Firearms on the right side. That will take you to a page with other info where you can click on links depending on what info you want. Two places to answer your questions - one is the FAQ section. There it will tell you how to legally transport a firearm in IL. It will also give you the legal definition of a case which is defined by statute. Another link will take you to where you can find municipalities that have ordinances more restrictive than state law. Not all of the municipalities listed actually have more restrictive ordinances. Many have adopted ordinances which mirror state statute or their ordinances are directed at dealers in the form of zoning laws.
    183 FBINA

  14. #14
    Senior Member Array KevinDooley's Avatar
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    Quote Originally Posted by Hog Rider View Post
    Here's the problem, a synopsis of Michigan law says:

    Responsibilities of Individuals With a CCW License:

    An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.

    Failure to disclose this information to a police officer carries the following penalties:

    First offense = State Civil Infraction - $500 fine and 6-month CCW license suspension.

    Second offense = State Civil Infraction - $1000 fine and CCW license revocation.


    I don't see where it makes the distinction between carrying, or transporting...... seems the obligation is to "inform" when stopped, and it doesn't say the requirement is only relevant in Michigan. If somebody knows for "certain", I'd appreciate an answer.
    Your distinction is that it is a MICHIGAN STATE LAW... notice that the penalties are called STATE CIVIL INFRACTIONS... Michigan law is only applicable in Michigan - even in states that recognize the Michigan CCW, you have to follow that state's laws on CCW, not Michigan's, while you are there.
    Quis custodiet ipsos custodes

    The will to win is worthless if you do not have the will to prepare. -Thane Yost

  15. #15
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    Quote Originally Posted by BRachum View Post
    In Illinois the gun needs to be unloaded and locked up where it is not accesible. If you have a pickup truck you can have the gun in a locked case behind the seat with the ammo in another container. In Chicago and Oak Park possession of a hand gun is still illegal (in spite of Heller Vs DC), unless you are a Chicago City Council member. You are very lucky that you did not have it taken away from you at the least or time in jail as carrying in Illinois is a felony.
    This is not true. In Illinois it does not have to be locked up. It can be in any container designed to carry a gun. If you take some canvas and sew it together and put a zipper on it, and you designed it for your gun, its legal. It does not have to be locked but has to be secured (closed). You can carry it in the case the gun came in. The ammo can be in the same case with the gun, it does not have to be seperate nor does it have to be in the back of the vehicle. It can be on the seat right next to you.

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