I have a business trip to IL friday, I understand my LTCH is no good in that wasteland. Can I still take a pistol if it is secured in a case unloaded? I'm driving a p/u truck so it can't be in the trunk. Can ammo be in the case with the gun? What do you guys usually do?
Answers to your two questions: No, and No.
If you are just driving through Illlinois, you may transport your gun, unloaded and locked in a case, inaccessible, etc., but if you stop somewhere (other than for food, gas, and so on) you violate Illinois law, and, I believe, it is a felony.
Answers to your two questions: No, and No.
If you are just driving through Illlinois, you may transport your gun, unloaded and locked in a case, inaccessible, etc., but if you stop somewhere (other than for food, gas, and so on) you violate Illinois law, and, I believe, it is a felony.
How can I legally transport a firearm on my person or in my vehicle?
Three statutory codes regulate the possession, transfer, and transportation of firearms — the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act.
Under Unlawful Use of Weapons (UUW) in the Criminal Code, persons who have been issued a valid FOID card may transport a firearm anywhere in their vehicle or on their person as long as the firearm is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container. Firearms that are not immediately accessible or are broken down in a non-functioning state may also be carried or transported under the Criminal Code.
The Wildlife Code, however, is more restrictive. It requires that all firearms transported in or on any vehicle be unloaded and in a case.
Because of this, it is recommended that, in order to be in compliance with all statutes, all firearms be transported:
1. Unloaded and,
2. Enclosed in a case, and
3. By persons who have a valid FOID card.
Unless specifically exempted from UUW, a person commits a Class 4 Felony if he or she violates the UUW law in the Criminal Code (i.e., unlawfully carries on their person or illegally transports a firearm in a vehicle) AND one or more of the following aggravating factors apply:
(1) The firearm possessed was uncased, loaded, and immediately accessible at the time of the offense;
(2) The firearm possessed was uncased, unloaded, and the ammunition for the weapon was immediatelyaccessible at the time of the offense;
(3) Does not have a valid FOID card;
(4) Was previously adjudicated of a felony as a juvenile;
(5) Was engaged in a misdemeanor violation of the Cannabis Control Act or the Controlled Substances Act;
(6) Is a member of a street gang;
(7) Has had an order of protection against them in the last two years;
(8 ) Was engaged in the commission or attempted commission of a misdemeanor involving the use of violence against another person or the property of another; or
(9) Is under 21 years of age and in possession of a handgun, unless the person is engaged in hunting activities under the Wildlife Code.
What constitutes a legal “case”?
The Criminal Code refers to a “case, firearm carrying box, or other container; however, the Wildlife Code is more specific, defining case as “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.”
How do the differences in these two laws affect me for the purposes of the Unlawful Use of Weapons law?
It is recommended that persons transport their firearms only unloaded and in a case in order to be fully compliant with all statutes. A firearm transported in a container other than a case while engaged in activities covered by the Wildlife Code could subject an individual to a charge of Class B Misdemeanor under the Wildlife Code but would not be considered Unlawful Use of Weapons if the container were a “firearm carrying box, shipping box, or other container” as provided in the Criminal Code.
1. Unloaded and,
2. Enclosed in a case, and
3. By persons who have a valid FOID card.
If a non-resident is coming to Illinois to hunt and would like to bring their firearm, how do they legally transport it?
Non- residents must be legally eligible to possess or acquire firearms and ammunition in their state of residence. It is recommended that, in order to be in compliance with all statutes, non-residents transport all firearms:
- Unloaded, and
- Enclosed in a case, and
- Not immediately accessible or broken down in a nonfunctioning state.
Is it legal to have ammunition in the case with the firearm?
Yes, so long as the firearm is unloaded and properly enclosed in a case.
I have a friend/relative who has a "conceal and carry" permit issued in the state in which they reside. Is the permit recognized in Illinois?
No. Non-residents are subject to Illinois law, restrictions, and penalties, and should be familiar with them if the non-resident plans to bring a firearm into the state of Illinois.
NIFT, being a non-resident you don't need an ILL FOID card and in fact you cannot attain one. Further, the FOPA act does NOT apply to the situation posed by the original poster in the scenario he proposes. He's not traveling through the state, he is traveling to the state, and not staying in the state (as in staying in a hotel room). That said it would be difficult to use the FOPA law for much of his travel....I will continue to recommend that non-residents of Illinois not take guns into Illinois...
I looked on the FOID application page and they are only available to IL residents .... but on the FOID FAQ page it had this about Non-Resident's
Firearm Owner's Frequently Asked Questions
I still cannot recommend any non-resident of Illinois take a handgun into Illinois, unless just "passing through." Illinois is about the last place I would ever want to be in "gun trouble."
So let me understand this completely.
First you state that its not legal to do something then you are provided with ample evidence to prove you wrong.
Then you make your recommendations based on your feelings about the laws despite the fact that case law in Illinois has upheld the concept of "container carry" in the state of Illinois, and despite the fact that the Illinois State Rifle Association agrees that it is legal for non-residents to transport handguns in Illinois (unloaded in a proper case) and despite the fact that Illinois own websites suggest that it is legal for non-residents to transport in the aforementioned manner.
What did I miss? . . . oh wait, I forgot the part where you told the OP that if he followed the law he was committing a felony.
He is an NRA certified instructor, that makes his feelings trump the law and reality.So let me understand this completely.
First you state that its not legal to do something then you are provided with ample evidence to prove you wrong.
Then you make your recommendations based on your feelings about the laws despite the fact that case law in Illinois has upheld the concept of "container carry" in the state of Illinois, and despite the fact that the Illinois State Rifle Association agrees that it is legal for non-residents to transport handguns in Illinois (unloaded in a proper case) and despite the fact that Illinois own websites suggest that it is legal for non-residents to transport in the aforementioned manner.
What did I miss? . . . oh wait, I forgot the part where you told the OP that if he followed the law he was committing a felony.
What do you guys usually do?
In my somewhat limited understanding of IL law, here is what I am seeing...
We have already established that FOPA is not applicable to this situation because the OP is not traveling through the state. So we must look to IL state law to find the proper answer. melensdad pointed out state law that deals with transporting a firearm. However, state law requires a FOID card, which out-of-staters cannot obtain.
...
He does not have a FOID card, so he could not transport a firearm in accordance with state law.