clairification carrying gun across Il. - Page 3

clairification carrying gun across Il.

This is a discussion on clairification carrying gun across Il. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Scott Back on topic please. The question was on how to legally transport, not whether or not IL has good or bad ...

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  1. #31
    Member Array ispcapt's Avatar
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    Quote Originally Posted by Scott View Post
    Back on topic please. The question was on how to legally transport, not whether or not IL has good or bad gun laws or to insult each other about IL gun laws.
    It was answered with posts # 9, 11, 14, and 15.
    183 FBINA


  2. #32
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    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.
    Procrastinators are the leaders of tomorrow.

  3. #33
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    My brother lives in Ill. so I have to disarm when I visit. Last time I stopped about 1/4 mile in Mo. to buy gas (first one I came to) and rearm.

  4. #34
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    Quote Originally Posted by faif2d View Post
    My brother lives in Ill. so I have to disarm when I visit. Last time I stopped about 1/4 mile in Mo. to buy gas (first one I came to) and rearm.
    At a gas station 1/4 mile into St. Louis and you NEED to re-arm!

  5. #35
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    Quote Originally Posted by barracudamagoo View Post
    At a gas station 1/4 mile into St. Louis and you NEED to re-arm!
    That's for sure! I drive MO to IN twice a month each way. Avoid at all costs stopping for fuel in IL and supporting the inane anti-carry law-makers with my tax dollars. So my solution is to drive sanely and sensibly and pretendthat I've disarmed myself and drive on thru!

    only my 2 cents

  6. #36
    Member Array gglass's Avatar
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    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.
    "Let me guess... This isn't about the alcohol or tobacco."

  7. #37
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    Quote Originally Posted by gglass View Post
    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.
    I go thee often. I was there lastnight at my sisters 50th b-day party. I never have to go more than 15 miles into Ill-annoy so I never have to spend a dime
    Prepare for the worst and hope it never happens

  8. #38
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    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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