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clairification carrying gun across Il.

4K views 37 replies 21 participants last post by  RXtion 
#1 ·
i am going from missouri to tenn.
i have at least i think i have looked but unable to find my answer.

the way i understand it... the FOID is for a resident of Ill.

nonresident does not have to have that so called FOID to transport across the state.
just have it locked in case
unloaded.

is this correct or am i missing something.... thanks for the help.
 
#2 ·
You have it right. The FOID enables Illinois residents to buy and sell firearms and ammo. It is not a permit to carry. However, you can purchase ammo in Illinois without a FOID card. You can just show them that you are not a resident of Illinois--you don't even have to show them your permit.

I keep my ammo and gun separated and locked up when going through Illinois. I have family who live in that state, so I cannot avoid going there.

When I go to Tennessee, I go through Missouri, Illinois, Kentucky, and then into Tennessee. As soon as I cross into Kentucky, I exercise my right to carry.
 
#3 ·
I don't believe that it has to be locked in a case, just in a case with the case closed and the ammunition removed from the gun and separate.
 
#9 ·
Correct!

Gun in an enclosed "container" so that no part of the gun is visible. A zip up gun bag is acceptable. Magazines may be loaded and the storage of them for transport is NOT regulated as long as they are not IN the gun. Loaded mags may be in the same container as the gun, just not in the gun.

Man it must sux to live in Illinois or Wisconsin. To live under that kinda state control just don't make any sense in this day and age. For any state to deny your right to CC for self defense is ludicrous IMO.
Yeah, it sucks pretty hard!
 
#5 ·
Man it must sux to live in Illinois or Wisconsin. To live under that kinda state control just don't make any sense in this day and age. For any state to deny your right to CC for self defense is ludicrous IMO.
 
#8 ·
On a more serious note; yes, you are correct that you do not need the FOID card. The gun must be enclosed in case, you can keep ammunition in the case so long as the firearm is unloaded. I personally leave my ammo in a bag seperate from the case, because I don't take it out of the mag, and I don't want any problems. In addition, the glove box does not count as a locked case. I travel through IL to see family in KY, I lock the pistol in one of the car safes and keep the magazine in a bag or suitcase.

Check out these links for more info:

Firearm Owner's Frequently Asked Questions

720 ILCS 5/ Criminal Code of 1961.

Firearm Owner's Identification Information
 
#10 ·
I avoid Illannoying all together when I travel, but if you have to, better to unload and case it so you dont catch any heat.
 
#14 ·
It is on the ISP website somewhere, though I am not sure how to actually find it. After doing a quick search of the ISP site I can't seem to find it readily accesible. However it is linked to on illinoiscarry.org.

Here is the link. I suggest you folks who travel through Illinois print this out and keep a copy in your vehicle. Many people in this state are ignorant of this law. I had a range master at the bass pro shop firing range in Gurnee IL tell me I couldn't have loaded magazines in the case with my gun and I'm sure many LEO don't know this as well.

http://www.isp.state.il.us/docs/1-154.pdf

Illinois law requires residents possessing ammunition have a valid FOID card. The location of ammunition being transported, including ammunition being transported in loaded magazines, is not regulated if the firearm is possessed or transported lawfully.
 
#16 ·
Thanks a million. I live in Lafayette, TN (KY Border) and my son and 3 of my grandchildren live in Dardennes Prairie, MO. The best route there is through Illinois and I travel that route 4-5 times a year. I have a pistol safe in trunk of car and I have downloaded and laminated the above brochure and will have it in gun safe with EDC when crossing the Peoples' Republic of Illinois!
 
#15 ·
RXtion is batting 1000%. Got the right .pdf brochure.
There's a link floating around the internet that is for the brochure that was printed in 1998. It's a bit different and no longer available but sometimes I'll see where people will refer to it.
Here's a FAQ on the ISP's website that also answers your transportation questions.
http://www.isp.state.il.us/foid/firearmsfaq.cfm
Before you get too worried about the non-resident question and the answer where it is "recommended" the firearm "Not immediately accessible or broken down in a nonfunctioning state." That phrase was included so a person would be covered by the federal FOPA. It's not required by IL statute but is the wording from FOPA.
 
#17 · (Edited by Moderator)
ispcapt and RXtion got it nailed down. Put the weapon in a case designed for that purpose and make sure it's totally enclosed. The ammo can be in mags as long as the mag isn't the weapon. Make sure there's no round in the chamber. As for those of you that got nothing more to say than Illinois sux. Illinois ain't perfect. The USA ain't perfect. It's where I live and it's ok for me to cuss it because I live here but don't, under any circumstances you can imagine, think it's forgivable for you, a foreigner, to do so.
 
#18 ·
It's where I live and it's ok for me to cuss it because I live here but don't, under any circumstances you can imagine, think it's forgivable for you, a foreigner, to do so.
First off, take a pill. I live close enough to Sillynoise that I can cuss it all I want. But I would think that you would realize we are not cussing you. We are actually cussing the State of Chicago.

I live 10 miles from your beloved state. I have to compromise my safety because my proximity requires me to cross that line for work purposes.

So I will continue to cuss your state until they make my life safer by allowing me to protect myself and make other lives safer by ridding itself of dual speed limits.

Roger
 
#22 ·
Let me see if I can put this gently. If you choose to run instead of fight you got no stake in the battle. The "I live somewhere else so I'm really impressed with me" argument don't get you no attaboys. If you're not trying to do anything about the problem you don't have the right to complain. I've been trying to get this changed for longer than some of you've been alive. If you don't like it here, don't come. Instead of lettin' your fingers do the talkin' drive around or fly over. I'd be a whole lot more impressed with your rhetoric.
 
#27 ·
I'm from Chicago. I go there once a year to visit my elderly mother. When she dies, my visits to Illinois, nevermind Chicago come to an abrupt end.

The last couple of years, I've gone hunting on my best friend's family farm near Pacific, Missouri. I carry all the way from Cleveland to the Indiana-Illinois border. I then have to stop and disarm. We then continue on to St. Louis (spending NO money in Illinois) where I rearm.

Illinois, and especially Chicago are the way they are because the people either LIKE it that way, or don't care. In Chicago, it's mostly the former. I had no more duty to be oppressed in Illinois for the last twenty some odd years instead of moving to Ohio than any German Jew had to stick around to see what was going to happen next.

Illinois is corrupt to its very core, gun control only being one of a VAST array of examples. My living there and being a victim of that corruption wouldn't have done ANYTHING... other than putting money in Daley's, Ryan's and Blagojevic's pockets.
 
#25 ·
For all those who are taking about going through Illinois to other states, remember that Ohio does not let one have loaded magazines any where in the vehicle unless you have an Ohio CHL. Loaded mags==loaded gun. Yep. Stupid but at least there is a definitive definition to go by now. So, if you are through Ohio and Illinois, unload those mags.
 
#28 ·
For all those who are taking about going through Illinois to other states, remember that Ohio does not let one have loaded magazines any where in the vehicle unless you have an Ohio CHL. Loaded mags==loaded gun. Yep. Stupid but at least there is a definitive definition to go by now. So, if you are through Ohio and Illinois, unload those mags.
OR a recognized CCW credential from another state.
 
#26 ·
You have your advice about IL...for me, I stay our of IL, and I have driven AROUND that state to avoid it...:yup:
Is it a PITA, most definitely, but my principles don't allow me to cross that state line.:aargh4:
 
#29 ·
I don't understand the mentality that makes some of you feel proud of avoiding the issue instead of addressing it. Maybe that makes me an antique with outdated values. If that's the case then so be it. Just remember. If this state ever does see the light it wasn't by your effort. I'm going to stay and work to change it. You're going to sit on the sidelines and Monday Morning Quarterback.
 
#32 ·
Indeed it was answered several times, but Bumper has asked that we not close threads just because the question was answered. He prefers we try to clean them up when possible. I have also transported firearms across IL on numerous occasions and even carried there when I was legal to carry every where. So I knew the answer, however...Bumper's house.
 
#36 ·
I carry my handgun in a case and the ammo in a separate container when I have to travel through Illinois. With only Peaceable Journey Law as the only means to possess a firearm through Illinois, it makes for uneasy travel.

I will not spend one dime in Illinois as I travel through the state. I make sure that I get gas and food before I pass into Illinois, and I have no problem adding to state expenses like road wear.

I do feel sorry for our kindred gun enthusiasts who have to live in the People's Republic of Illinois.
 
#38 ·
As of October 8th the Illinois Supreme court ruled on People v. Diggins and you guy should make a note of this since it impacts transportation through IL.


In a unanimous opinion by the Illinois Supreme Court in People v. Diggins No. 106367, the Court has held: "Section 24-1.6{c}{iii} of the Criminal Code of 1961 provides that a person is not guilty of aggravated unlawful use of a weapon if that weapon is “unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.' 720 ILCS 5/24-1.6{c}{iii} (West 2006).

In the case at bar, we are asked to determine whether the center console of a vehicle is a 'case' within the meaning of this provision. . .[W]e conclude that it is." An Amicus Brief (Friend of the Court) was filed by ISRA attorney Victor D. Quilici. The principal object of the brief was to thwart the argument by the State regarding legislative intent. Other arguments in the amicus brief addressed matters pertaining to the split decisions in the various districts in Illinois.

Also, ISRA' amicus agreed with the Appellate Court's opinion that the plain meaning of the Statute did not mean a "case" or "other container" had to be portable, as a leading case relied on by the State had held.

The Supreme Court has clearly held that the center console in a motor vehicle is a "case" within the meaning of section 24-1.6(c)(iii). That section contains the exemption language regarding transportation of firearms. The Supreme Court found that the term "case" in the cited statutory section includes any portable or non-portable receptacle and need not be interpreted solely to firearms.

Thus, the Supreme Court also rejected the State's contention that the meaning of the language was to be interpreted in light of the Wildlife code definition of "case" which would limit it to a "firearm case" that is portable. The Court made it clear that it did not need to rely on legislative intent and that the answer was in the plain meaning of the statute. The Court ordered the case to be remanded --that is, in this case sending it back to retry on factual matter. The Supreme Court is asking that a new trial be held to determine the question of whether or not the center console was "enclosed" and by that the Court is sayings the center console must be closed.

The Supreme Court points out that in the initial trial of the case, the Defendant, Diggins, and his passenger alleged that the center console was "closed "(actually testifying it was also locked) and the police officer testified that the console was "ajar." Therefore, that issue of whether or not the center console was closed still would be viable and one to be tried by the jury upon remand of the case for further proceedings.
Source: http://www.isra.org/

So, yeah. You can have your unloaded handgun with loaded magazines in your glove box or center console while traveling through IL. Just make sure that it is fully closed and do not put it somewhere where you store vehicle documents that you may need to get to if you are pulled over! Also, do not open the compartment for any reason while driving or you are in violation of the law.
 
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