Driving Through Illinois
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67 Posts
No,
the law states according to their own pamplet that the firearm needs to be:
1. Enclosed in a case and,
2. Unloaded and,
3. Not easily accessible.
The pamplet also says you can put the ammo in the case with the gun.
Not easily accessible, to me means, locked. Which a recent IL Supreme Court ruling states that lockable center concolse is the same as a case.
Here's what I do and it seems to be fine.
Put unload pistol, put pistol and shells in the case, its a plastic case so I lock it with one of those cable locks and put the cable around the post of my passenger front seat of my work van.
check these links:
Firearm Owner's Frequently Asked Questions
or
The law from their website. See Article 24
or the brochure: http://www.isp.state.il.us/docs/9-049.pdf
the law states according to their own pamplet that the firearm needs to be:
1. Enclosed in a case and,
2. Unloaded and,
3. Not easily accessible.
The pamplet also says you can put the ammo in the case with the gun.
Not easily accessible, to me means, locked. Which a recent IL Supreme Court ruling states that lockable center concolse is the same as a case.
Here's what I do and it seems to be fine.
Put unload pistol, put pistol and shells in the case, its a plastic case so I lock it with one of those cable locks and put the cable around the post of my passenger front seat of my work van.
check these links:
Firearm Owner's Frequently Asked Questions
or
The law from their website. See Article 24
or the brochure: http://www.isp.state.il.us/docs/9-049.pdf
Joined
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109 Posts
I believe that there was a recent court case in IL that was won... determining that the center console in a vehicle constitutes a "case". The firearms must still be unloaded and the ammunition stored in a separate area.
Illinois Supreme Court Rules Vehicle Console is a case - ICarry.org
Info about transporting loaded mags... If you're from out of IL you do not need an IL FOID. You only need to be legal in your own state...
http://www.gsldefensetraining.com/images/transportinglegally.pdf
Illinois Supreme Court Rules Vehicle Console is a case - ICarry.org
Info about transporting loaded mags... If you're from out of IL you do not need an IL FOID. You only need to be legal in your own state...
http://www.gsldefensetraining.com/images/transportinglegally.pdf
Joined
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168 Posts
Just read that pdf, local ordinances can be tougher than Illinois state law...so..even if you have that weapon locked up, disassembled etc and the little burg you stop to get food in has an ordinance forbidding firearms in automobiles you can still get yourself in hot water.
Good reason NOT to travel through Illinois!
Good reason NOT to travel through Illinois!
Joined
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109 Posts
agree with that... to be safe in IL... have your gun in a case, unloaded, and unavailable to you.
IL gun laws definitely suck, try living here. Good luck in your travels, and be safe.
IL gun laws definitely suck, try living here. Good luck in your travels, and be safe.
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11,501 Posts
Simple solution: Don't drive through Illinois. Drive around it. Don't go into Illinois, don't spend any money there, do use their roads, don't give their corrupt state police any chance to pull you over and confiscate your gun.
Don't do business with any business or state that denies it's citizens their God given right of self defense!
Don't do business with any business or state that denies it's citizens their God given right of self defense!
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51 Posts
Your firearm can be unloaded accompanied by loaded magazines in your glove box or center console. Neither of which must be locked, but must have working latches. All that really matters is that the gun is unloaded and inside a container that either zips up or fastens in some way so that no part of the gun is exposed. Ammo does not have to be in a separate area than the firearm.
See some of my responses in this thread for some more info.
http://www.defensivecarry.com/vbulletin/open-carry-issues-discussions/93354-can-you-oc-illinois-what-their-gun-laws-wi-peeps-too.html
Transporting your firearms legally through Illinois is not that bad, really. You just have to watch out for where guns are banned, like Chicago. If you are going to drive through Chicago you can legally transport a handgun through the city but you better lock it up in a case in the trunk and don't stop until you are outside city limits. Then put the gun back in the glove box.
http://www.isp.state.il.us/docs/1-154.pdf
See some of my responses in this thread for some more info.
http://www.defensivecarry.com/vbulletin/open-carry-issues-discussions/93354-can-you-oc-illinois-what-their-gun-laws-wi-peeps-too.html
Transporting your firearms legally through Illinois is not that bad, really. You just have to watch out for where guns are banned, like Chicago. If you are going to drive through Chicago you can legally transport a handgun through the city but you better lock it up in a case in the trunk and don't stop until you are outside city limits. Then put the gun back in the glove box.
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15,176 Posts
I try to stay away from Illinois, Iowa and Wisconsin,but I have relatives in Iowa
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766 Posts
I'll share a short story, I was pulled over for an out taillight a couple of years ago driving through IL. I have a .22 rifle in the back of my truck in a case and the ammo was in my glovebox. I was touring the country and had been driving for over a month and was on my way home. When he pulled me over he looked in the back of my truck through the cap window and saw I had it completly loaded with gear etc... having out of state plates on my truck and telling him I was just driving around with really no destination just touring the country (bad move) he figured I was up to something. He asked if he could look in the truck and I told him that was fine and that there was a rifle in a case back there. Well he flipped out when he found the rifle and told me I got caught in the wrong state with a weapon. Anyway he ran the serial # threatened me with some stupid empty threats and gave me back the gun. We sat and waited for another officer to arrive and assess the situation. They couldn't do anything to me legally because it was in a case away from the ammo but it was a hassle and I got a lecture from an ******* that I didn't need. All that for a .22 rifle.
Moral of the story, I would never want to get pulled over with a handgun in IL after going through all that for a small rifle. Also don't tell a power trip LEO that your driving around without a destination just camping and seeing the sites. No matter how far out of my way I have to go to get around IL I will. I hate that state and will not give my money to any place that denies it's citizens it's rights. Like said above, don't go there, don't spend any money there, stay out!
Moral of the story, I would never want to get pulled over with a handgun in IL after going through all that for a small rifle. Also don't tell a power trip LEO that your driving around without a destination just camping and seeing the sites. No matter how far out of my way I have to go to get around IL I will. I hate that state and will not give my money to any place that denies it's citizens it's rights. Like said above, don't go there, don't spend any money there, stay out!
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7,133 Posts
This is right.
Good Morning Ret..... As you may remember I travel frequently from CO to visit family in Florida. I usually go down through the TX panhandle, then across OK and on to FL. On occasion I head out of CO on I70 through KS and MO. This route takes me through about one mile of the tip of IL near Cairo, IL.
When you say you drive around IL what route are you taking.... assuming your destination is somewhere west of IL...
Ignore typos, etc..... this senior citizen is still on the first cup of coffee.... We will be in the Sunshine State sometime in March... Should feel good...... It is now 7 degrees here at the house..:rofl:
Thanks Fastdraw..........:wave:
Oh yes........ for all you gunnies I just did a Google Earth on Cairo... Sort of interesting to see the two bridges at the southern tip of IL
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908 Posts
Don't drive through if you can easily avoid it.
If you need to, obey FOPA. If they violate FOPA, destroy careers, finances and lives. It's your patriotic duty.
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908 Posts
NEVER, EVER CONSENT TO A SEARCH BY POLICE, UNDER ANY CIRCUMSTANCES!!!
If he had RAS or PC, he wouldn't NEED to ask.
"I do not consent to any searches."
"Am I free to leave?"
"No? Then I have nothing further to say without a lawyer present."
Consenting to police searches is like needle sharing, accepting an unknown pill from a stranger at a party, or having unprotected sex with random strangers. The potential benefits are few and ephemeral. The potential downsides are infinite and sometimes of a permanent nature.
Just say no to consensual searches.
"I believe that there was a recent court case in IL that was won... determining that the center console in a vehicle constitutes a "case". "
"Which a recent IL Supreme Court ruling states that lockable center concolse is the same as a case."
Guys, don't be giving legal advice if you don't understand the ruling and from the quoted above you don't understand the ruling. All you'll do is get someone jammed up with the law, charged and possibly convicted a felony. Do you really want that on your conscience?
The recent IL SC ruling did not rule the center console as a "case". It ruled it as a "container". Completely different legal terms. The ruling applied only to the Unlawful Use of a Weapon statute, nothing more. The ruling only clarified the definition of "container" and only as it applied to UUW. The word "container" had been in the UUW statute since the law has been in effect. The ruling does not change anything requiring the firearm to be in a case. Even if transported in a console it still has to be in a firearm case which is defined by statute.
IL has a Cased Gun statute, which is a separate statute from the UUW, which requires the firearm to be in a case. Case is not the same as container in the UUW statute. The ILSC ruling has no bearing on the Cased Gun statute. The definition of a case is set by statute: "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." Nothing requires the firearm to be locked in the case. The case has to have some method of closure as defined above.
All the ILSC ruling did was address UUW statute. That was the only issue before the court. A person would not be charged with UUW but they could still be charged with an uncased gun.
RXtion gave a good explanation, as long as the firearm is properly cased as defined above and not just laying in a console or glovebox uncased.
IL law only requires the gun has to be unloaded and in a case which is defined above. The unloaded, cased gun does not have to be inaccessible to the occupants but it is recommended as that is part of FOPA. IL law does not require it tho.
The ammo does not have to be separate from the gun and can be in same case as the gun as long as it is not inserted in the gun. Mags can be loaded but loaded mags cannot be inserted in the gun. Empty mags can be in the gun. Ammo does not have to be in any case. No restrictions on where the ammo can be carried as long as none is in the gun.
There are some municipalities which have ordinances more restrictive than state law. If a person is traveling as defined by FOPA then they would be in compliance with federal law which trumps local ordinances and the local ordinances would not apply.
"Which a recent IL Supreme Court ruling states that lockable center concolse is the same as a case."
Guys, don't be giving legal advice if you don't understand the ruling and from the quoted above you don't understand the ruling. All you'll do is get someone jammed up with the law, charged and possibly convicted a felony. Do you really want that on your conscience?
The recent IL SC ruling did not rule the center console as a "case". It ruled it as a "container". Completely different legal terms. The ruling applied only to the Unlawful Use of a Weapon statute, nothing more. The ruling only clarified the definition of "container" and only as it applied to UUW. The word "container" had been in the UUW statute since the law has been in effect. The ruling does not change anything requiring the firearm to be in a case. Even if transported in a console it still has to be in a firearm case which is defined by statute.
IL has a Cased Gun statute, which is a separate statute from the UUW, which requires the firearm to be in a case. Case is not the same as container in the UUW statute. The ILSC ruling has no bearing on the Cased Gun statute. The definition of a case is set by statute: "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." Nothing requires the firearm to be locked in the case. The case has to have some method of closure as defined above.
All the ILSC ruling did was address UUW statute. That was the only issue before the court. A person would not be charged with UUW but they could still be charged with an uncased gun.
RXtion gave a good explanation, as long as the firearm is properly cased as defined above and not just laying in a console or glovebox uncased.
IL law only requires the gun has to be unloaded and in a case which is defined above. The unloaded, cased gun does not have to be inaccessible to the occupants but it is recommended as that is part of FOPA. IL law does not require it tho.
The ammo does not have to be separate from the gun and can be in same case as the gun as long as it is not inserted in the gun. Mags can be loaded but loaded mags cannot be inserted in the gun. Empty mags can be in the gun. Ammo does not have to be in any case. No restrictions on where the ammo can be carried as long as none is in the gun.
There are some municipalities which have ordinances more restrictive than state law. If a person is traveling as defined by FOPA then they would be in compliance with federal law which trumps local ordinances and the local ordinances would not apply.
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766 Posts
Deanimator I agree 100% but in my defense I was tired I wanted to be on my way home and I had nothing to hide This was quite a while ago when I was in my early 20's and I learned my lesson. Carrying a .22 rifle is legal in all states as long as it's properly stowed away and it was so I knew I had nothing to fear. I should have said no but I just wanted to make it easy and be on my way, I had been on the road over a month. IL is a nazi gun state and I have since avoided it at all costs.
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