Another Illinois related specific question

This is a discussion on Another Illinois related specific question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi Gunnies, I know there have been several threads about IL gun laws..... so please forgive me for this one...... (I'm a very senior citizen.. ...

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Thread: Another Illinois related specific question

  1. #1
    Senior Member Array FastDraw's Avatar
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    Another Illinois related specific question

    Hi Gunnies,

    I know there have been several threads about IL gun laws..... so please forgive me for this one...... (I'm a very senior citizen..)

    Next week I will be traveling from Colorado to Florida. I will be driving through parts of Illinois on the way down. (I will avoid IL completely on the return trip back home)

    I will be carrying two Glocks on this trip. My permits make me good to go through all the states I will touch....... except Illinois. This is my game plan for IL:

    1. Unload and place the Glocks in a suitcase in the trunk of the car. The suitcase will not be locked.

    2. Store the full mags in a second suitcase in the trunk of the car. This suitcase will also not be locked.

    I will then enter Illinois at St Louis and exit the state near Paducah, KY. At this point I will become a free citizen again, that is, my Glocks will be reloaded and attached (concealed) to my belt.

    Soooooo, here is my question.. Note: I plan to store the Glocks in ordinary "suitcases", not cases made specifically for guns. Am I lawfully following the requirements for Illinois?

    Thanks in advance for your replies.....

    Be Alert and Stay Safe

    FastDraw

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  3. #2
    Distinguished Member Array GWRedDragon's Avatar
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    18USC926A. 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.
    Looks to me like you're good to go. I would recommend carrying a copy of this federal law just in case.

    http://uscode.house.gov/uscode-cgi/f...(926A))%3ACITE
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
    ---Carry options: G26/MTAC, PF9/MiniTuck, PPK/Pocket, USP40/OWB---
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    Should be good to go, here is a site with Ilannoy's FAQ.

    http://sangamoncorifleassociation.or...ook/ptfire.pdf
    When you have to shoot, shoot. Don't talk.
    "Don't forget, incoming fire has the right of way."

  5. #4
    Senior Member Array chrise2004's Avatar
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    FastDraw you should be good to go through Illinois with those plans. Here is a direct FAQ answer from Illinois State Police's website (Firearm Owner's Frequently Asked Questions).

    "How can I legally transport a firearm on my person or in my vehicle?
    There is more than one way to legally transport a firearm. However, in order to be in compliance with all statutes, it is recommended all firearms be transported:

    1. Unloaded,
    2. Enclosed in a case and,
    3. By persons who have a valid FOID card"

    Obviously you don't have a FOID card because you are not a Illinois resident, but as long as they're unloaded and enclosed in something you should be good to go. Have a great trip!
    Glock 27,Hi-Point .380, S&W 3913, RIA 5" Tactical

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    I think you'll be good to go. If you like ( for convenience ) you could put the gun in a gun case in the passenger area, mags in same case. I go to Illannoy quite often and I keep my gun behind the seat in a case so I dont have to pull over to unload and reload. I take a revolver when I go there so I dont have to unchamber a round.
    By the way, when you cross the river into the great state of Ky, you'll be right in Paducah. Then you can take a deep breath and celebrate leaving the restrictions of the Republic of Illannoy.
    Enjoy your trip and by all means avoid Illanoy if possible.
    Prepare for the worst and hope it never happens

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    Member Array natticarry's Avatar
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    I was always under the impression that most states count loaded magazines as a loaded weapon. I know that is what my ccw instructor told us about Ohio if you don't have a ccw.

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    FastDraw, if I may suggest it, I'd take I-55 south out of St. Louis, and cross into Illannoy by I-57. You only have a few miles of Illannoy before you get into Kentucky, and I guarantee that Missouri is a much more gun friendly state.
    Cape Locum Et Fac Vestigium

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    Distinguished Member Array GWRedDragon's Avatar
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    Quote Originally Posted by natticarry View Post
    I was always under the impression that most states count loaded magazines as a loaded weapon. I know that is what my ccw instructor told us about Ohio if you don't have a ccw.
    If you are locked in the trunk and in transit, all that matters is the federal definition. Now, I'm not exactly sure what the federal definition is except that one section goes out of its way to include loaded magazines in the definition of loaded ONLY for the provisions of that section, so it might be logical to think that if they had to say that there it was not included elsewhere.

    I'd like to see federal case law on this.
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
    ---Carry options: G26/MTAC, PF9/MiniTuck, PPK/Pocket, USP40/OWB---
    ---NOTE: I am not an expert. If I ever start acting like a know-it-all, please call me on it immediately. ---

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    Ex Member Array Oldskoolfan's Avatar
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    You sound good to go, but I would ask that you don't spend any money in our state.

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    Member Array llongshot's Avatar
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    In Illinois you can carry a loaded clip as long as it's not in the gun and there is no round in the chamber. Illinois LEO do NOT like to encounter this situation and will make your day less than optimal. If you want to make darn sure you're legal and you're going to take the time to put the weapons in the trunk in a suitcase pull the slides off the frames and you'll be legal to throw them anywhere in the vehicle since they're "disassembled". In Illinois, if it's disassembled, it doesen't have to be cased. I'd still put them in the suitcases in the trunk. When you reach neutral ground it won't take a couple of extra minutes to rearm and you'll not have to worry while in "no mans land" about getting pulled over.

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    Senior Member Array FastDraw's Avatar
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    Thanks guys for all the great responses. It certainly looks like I'm good to go with my plan to transport my "evil" unloaded Glocks in suitcases in the trunk of my car.

    And to the suggestion of taking I55 (MoMike) I've done this several times. I still may do this..... It only adds 20 or so miles to my trip, but more importantly it adds much more travel "time." Even at that I have to cross the Miss River into IL, drive about 2 or so miles in Obama's state then cross the Ohio River into KY.

    Again thanks for your replies..... We have a hell of a good site here, and lots of good members.......

    BTW, on a side note.... I'm approaching 70 years old and have only been pulled over by cops twice in my life... both of those times I was in my twenties. The chances of ever having to explain guns in the car are remote.........

    Be Alert and Stay Safe

    FastDraw

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    Ex Member Array Deanimator's Avatar
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    Quote Originally Posted by FastDraw View Post
    The chances of ever having to explain guns in the car are remote.........
    That's probably true, but not guaranteed. You never know what might happen. You could run into a sobriety checkpoint, or a roadblock for a suspected criminal, etc. As long as you don't consent to any searches, it probably won't be an issue.

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    IL law requires the gun to be in a case and unloaded. Mags can be loaded and in the same case as the gun but the loaded mags cannot be in the gun. Empty mags can be in the gun. Ammo can be in the same case as the gun.
    A suitcase, by statutory definition, is not a case. Here's the IL statute on the definition of a case: "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."
    Note some key words in the statute - "specifically designed"; "completely encloses"; "no portion...exposed"; "zipped, snapped, buckled..." IL law does not require the case to be locked, just some kind of closure device.
    One thing that Deanimator failed to mention is if you're in a crash or somehow disabled and not present with your vehicle. Sobriety checks, etc are few and far between and never run on an interstate. However, what is common is someone gets in a crash, taken to a hospital, and while their vehicle is being inventoried prior to removal from the scene, items of an illegal nature are found. During such process, criminal charges are likely to be filed and upheld as an inventory prior to removal is justified.
    Do it the right way and you won't have a worry. Unloaded and in a case (case by definition). Yours isn't the only vehicle in southern IL with firearms inside. Very common. You'll be traveling thru one of the prime whitetail hunting spots in the nation and you'll be just a few miles from the World Shooting and Recreation Complex, Sparta, IL (state owned facililty) where every week there is some kind of national shooting sport being conducted.
    183 FBINA

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    Senior Member Array FastDraw's Avatar
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    Quote Originally Posted by Deanimator View Post
    That's probably true, but not guaranteed. You never know what might happen. You could run into a sobriety checkpoint, or a roadblock for a suspected criminal, etc. As long as you don't consent to any searches, it probably won't be an issue.
    That's true..... It's always my intent to travel within the law of whatever state I'm in. I'm not a speeder so getting caught on that count is very remote. I regularly check my headlights, stop lights, signal lights, etc to make sure they are working.... so getting stopped on that count is also remote. As far as sobriety checkpoints.... I never drink and drive.... Do I have a drink... yep, sometimes. It's happy hour right now in Colorado. But I wont be driving.........

    Be Alert and Stay Safe

    FastDraw

  16. #15
    Senior Member Array BkCo1's Avatar
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    So you could use a cheap gun rug with a zipper and be legal ? I have in the past just locked them in my saddle bags when I have had to cross your state. I am sorry to say I am glad to get to the other side. I am usually traveling Int 64.

    Semper Fi
    Last edited by BkCo1; August 2nd, 2009 at 09:18 PM. Reason: missing word

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