Traveling through Illinois with a gun

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Mike Irwin

Staff
I'm heading for Iowa in a few days and I want to take a handgun or two with me.

I'll be transiting Illinois, not stopping overnight, but I may stop for dinner.

I've read a bunch of stuff from the ISP, NRA-ILA and others, but just wondering if anyone has any tips beyond that?

The gun will be in a locked case in the back of my SUV along with the rest of my luggage.
 
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Mike38

New member
In a closed case, unloaded, and not readily accessible and you should be fine. Illinois (not counting Chicago) is not as bad as "the internet experts" claim it to be. I still have an "evil black rifle" with 30 round mags, >10 round mags for handguns, etc. Just try to avoid buying gas here, the taxes are terrible.
 
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Mike Irwin

Staff
Excellent. Thanks, Mike, that's pretty much what I was led to believe by my reading.

I'm thinking I'm going to take a Smith .40 and a Smith snub revolver with me, and I'll get ammunition when I get to my destination (at least for the .40).



"Just try to avoid buying gas here, the taxes are terrible."

I routinely travel in Pennsylvania because I have family and business there.

Pennsylvania has, by far, the highest gasoline taxes in the nation -- 58.2 cents a gallon on TOP of the Federal taxes -- but some of the worst roads, as well.

And, in fact, right now, gasoline prices in Champaigne are slightly less that gas prices in my area of Virginia...
 
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Aguila Blanca

Staff
I always thought my state had the highest gas taxes in the country. We're still in the top ten, but PA has us beat. I'm actually amazed -- I don't understand how my governor could have allowed PA to leapfrog us so decisively.
 
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Armed_Chicagoan

New member
If you have a CCL in your home state you can have a loaded handgun in your vehicle in Illinois, yes even in Chicago. Handgun laws in Chicago are no different than the rest of the state thanks to preemption. And yes even transport is preempted under Illinois state law.

If you don't have a CCL it only has to be unloaded and in a case. And just about anything counts as a case, even the glove compartment or center console. You can have a loaded magazine in the same case as the gun, just so long as it's not inserted in the gun and the chamber is empty.

Illinois isn't as bad as people make it out to be, not yet anyway.
 
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Armed_Chicagoan

New member
Here is the actual law:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.

(4) Carries or possesses in any vehicle or concealed

on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are 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;
Click to expand...

And non-residents are exempted from having a FOID card by the following:
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required; exceptions.

( The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:

(9) Nonresidents whose firearms are unloaded and

enclosed in a case;
Click to expand...

Since non-residents cannot get a FOID card!
 
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Armed_Chicagoan

New member
And this is the controlling Illinois Supreme Court opinion that a glove box opr center console counts as a "ase" under Illinois law: People v. Diggins
Unpersuaded by the State’s arguments, we conclude that the
legislature used the broad general term “case” unmodified. Giving the
word “case” its plain and ordinary meaning, as we must, permits but
one conclusion: the term “case” in section 24–1.6(c)(iii) includes any
portable or nonportable receptacle and need not be interpreted only in
reference to firearms.
Based on the foregoing, we find, in the case at bar, that the center
console of a vehicle falls within the ordinary definition of case. A
center console is a receptacle that contains or holds something. As
such, we find that defendant’s conduct falls within the exception set
forth in section 24–1.6(c)(iii). In so finding, we note that our result is
controlled by the plain language of section 24–16(c)(iii) as enacted by
the legislature. We are not at liberty to depart from the language
employed. Whether the statute is wise or the best means to achieve
the desired result are matters left to the legislature, not this court.
Click to expand...
 
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Armed_Chicagoan

New member
Mike38 said:
If you leave your vehicle, the gun must be unloaded and cased.
Click to expand...
I never said he could leave his vehicle with a loaded handgun. I said if he has a CCL in his home state he can have a loaded handgun in his vehicle in Illinois.

Mike38 said:
1. The firearm must be broken down or in a non-functioning state

2. The firearm must not be immediately accessible

http://midwestcarryacademy.com/trans...earm-illinois/
Click to expand...
You snipped out: "In order to transport a firearm safely and comply with the Criminal Code, Wildlife Code, and Firearm’s Owner’s Identification Act you must meet one of three conditions"

Not all of them, not any combination of 2 of them, just one of them. That's why the word "or" appears in the law I cited. And the 3rd option is "3. The firearm must be unloaded and enclosed in a case, carrying box, shipping box or other container by a person who has a valid FOID card."

And as I pointed out a different law exempts non-residents from having a FOID card, this was in response to a court ruling that it was unconstitutional to require a non-resident to have a FOID card when the ISP doesn't issue them to non-residents.
 
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Armed_Chicagoan

New member
(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
(1) is not prohibited from owning or possessing a

firearm under federal law;
(2) is eligible to carry a firearm in public under

the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and
(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.
Click to expand...
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39

The perception of what the law in Illinois is versus what it actually is are often worlds apart. Illinois is not New Jersey, New York, or California. No need to be paranoid about travelling through Illinois with a firearm. Transportation of all firearms, btw, is also preempted by state law. No local government can have stricter transport laws than what the state has. That includes Chicago.
 
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SonOfScubaDiver

New member
My understanding is that in Illinois it's fine to have your gun in the car, if you have a CC permit from another state, but you are not allowed to get out of the car with it.
 
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vito

New member
I wish I could say that I would not get out of my car while in Illinois. But I live here, so I am stuck. I do have my CCL, and in fairness, it allows me to carry legally almost anywhere I wish to go. Outside of Chicago the percentage of stores, restaurants, etc. that are posted "No Guns" seems quite low. I rarely have to change my plans of where I plan to shop or eat because of gun restrictions (such signs have the "force of law" in Illinois). For out of staters, IL is not ideal, but is light years better than what you face in NY, NJ, MD, MA, RI, CT and HI.
 
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Aguila Blanca

Staff
vito said:
I wish I could say that I would not get out of my car while in Illinois. But I live here, so I am stuck. I do have my CCL, and in fairness, it allows me to carry legally almost anywhere I wish to go. Outside of Chicago the percentage of stores, restaurants, etc. that are posted "No Guns" seems quite low. I rarely have to change my plans of where I plan to shop or eat because of gun restrictions (such signs have the "force of law" in Illinois). For out of staters, IL is not ideal, but is light years better than what you face in NY, NJ, MD, MA, RI, CT and HI.
Click to expand...
For out of staters, it doesn't sound at all different from Connecticut. Connecticut doesn't honor any other states' permits; Illinois doesn't honor any other states' permits. For those who have a Connecticut permit (which I do, along with New Hampshire and Maine, since I have family in New England), there are very few restaurants or stores that are posted for no guns. Illinois has the FOID; Connecticut has what they call a "Certificate of Eligibility."

Not much different at all. CT is not even close to being like NJ and NJ.
 
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vito

New member
My apologies for including CT in this list of ... states.
 
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