Post By Inspector71
May 27th, 2012 02:53 PM
Illinois & Chicago gun laws.
Over the last few weeks I have heard a lot of opinions on Illinois and Chicago firearms laws. People say it is Illegal to stay the night in Illinois and Chicago while traveling.
I want to say I am not giving an opinion or telling anybody what to do. I just want to post what I have found in regards to Illinois and Chicago law. Some will argue the LE will ignore these laws and do whatever they want. I agree to some degree. However it is still the law. Here is what I have found.
The Illinois FOID Card of 1968 on the Illinois State Police Website
430*ILCS*65/**Firearm Owners Identification Card Act.
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required; exceptions.
(a) (1) No person may acquire or possess any firearm,
stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(2) No person may acquire or possess firearm
ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
(10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;
And the Illinois Supreme Court Case with ruling. Hangun Law US has a link to a PDF of this Ruling.
To legally possess a firearm in Illinois the law states you must have a FOID Card. Non Residents
cannot obtain a FOID Card from Illinois. The Illinois Supreme Court ruled in Appellee, v.LEONARD
HOLMES, JR. that: “therefore, a valid permit or license from another state can substitute for the FOID
card requirement in section 24–1.6.
The Chicago Law presuming you have a valid FOID card or equivalent.
"8-20-090 Interstate transportation of firearms.
It shall not be a violation of this chapter if a person transporting a firearm or ammunition while engaged in interstate travel is in compliance with 18 U.S.C.A. §926A. There shall be a rebuttable presumption that any person within the city for more than 24 hours is not engaged in interstate travel, and is subject to the provisions of this chapter."
My understanding of the law is my Kentucky CCL is recognized by Illinois law as an FOID equivalent affording me the limited rights of Citizens with an FOID card.
It is true Illinois does not issue out of state residents FOID cards. I don't debate that.
Is there anyone that can shed some light on the subject? Am I reading these laws incorrectly?
May 27th, 2012 03:03 PM
If you can read this, thank a teacher. Because it's in English, thank a vet
May 27th, 2012 03:11 PM
Well maybe your right. I just thought I was missing something.
Originally Posted by Inspector71
May 27th, 2012 03:16 PM
Hopefully ISPCapt will weigh in....but I haven't seen him in a while.
- know the difference
is a fancy name for crappy fighter
You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know
June 2nd, 2012 01:43 PM
IIRC, Chicago also limits number of rounds a magazine can hold to 10. Other towns in Illinois also have their own laws(Orland Park is one).
There seemed to be a gray area concerning hotels. Legal to have in the hotel, but maybe not going from car to hotel.
June 2nd, 2012 03:34 PM
As long as you are transporting from car to hotel and back legally, shouldn't be any issues. But again, you can't be in any jurisdiction that doesn't allow the possession of firearms. I posted this once before so I will do it again.
Originally Posted by dwsonar
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