travelling through illinois

[04FXSTS]

I don't disagree but I have a real hard time telling someone my opinion rather than the facts of what is legal. That way they can make their own decisions as however best to comply with the law vs their own comfort level.

And keeping your mouth shut and not consenting to searches are the best advice possible when traveling through Ill with weapons but from reading posts on INGO I know many armed citizens just can't possibly not tell someone they have a gun during a traffic stop. (Ironically enough, it always seems to be CCers that are just chomping at the bit to tell someone they are armed and OCers who don't inform...)

Sorry, I don't mean to make this into another OC/CC debate.

Don't forget this is Illannoy we are talking about so things there make no sense to people from a free state. If you have an Indiana CCW then unloaded and encased is good. The People v Diggins that ruled a console is considered a case did not address a "glove compartment" as a case. Some say it means the same thing and others say a glove box has not been ruled on so is still technicaly illegal. It would depend on the officer who stopped you and while I am totally confident you would prevail in the long run you will have one he!! of a hassle. Yes, I do use the console as a case and the glove box is where I keep insurance and other papers I would be asked for in a traffic stop.
Watch your speed and be careful of other traffic laws and you should be fine. Also follow Templar223's advice and never ever consent to a search. The answer to any questions about firearms in the vehicle is easy. "There is nothing illegal in my vehicle." Be careful, be safe, Jim.

 

[Titanium_Frost]

Don't forget this is Illannoy we are talking about so things there make no sense to people from a free state. If you have an Indiana CCW then unloaded and encased is good. The People v Diggins that ruled a console is considered a case did not address a "glove compartment" as a case. Some say it means the same thing and others say a glove box has not been ruled on so is still technicaly illegal. It would depend on the officer who stopped you and while I am totally confident you would prevail in the long run you will have one he!! of a hassle. Yes, I do use the console as a case and the glove box is where I keep insurance and other papers I would be asked for in a traffic stop.
Watch your speed and be careful of other traffic laws and you should be fine. Also follow Templar223's advice and never ever consent to a search. The answer to any questions about firearms in the vehicle is easy. "There is nothing illegal in my vehicle." Be careful, be safe, Jim.

Indiana does not have a CCW and my reading of the case law I presented was that any closed container would work as a case fro the purpose if Ill law.

 

[mjones]

so as long as i have the gun unloaded in the center console or a zippered bag even with loaded magazines next to/ in the same compartment or bag i am legal and if i do for some reason get pulled over i don't have to say hey officer by the way i have a gun in the console

 

[cg21]

I am new to the LTCH and all the regulations... but I am not new to being pulled over..... cops dont ask if you have weapons or drugs in routine traffic stops.... unless your going to jail.... and if your going to jail your having a bad day anyways.

 

[stephen87]

Some officers do ask. Now it shows up in their system when they run your plate according to some LEOs on here, so you may get more asking. Best advice is what was said above, don't offer the information and if asked, tell them there's nothing illegal in the vehicle.

 

[Bill B]

Drive around IL instead of through it....

Second the motion, and will go to extremes to spend money there. Case in point: My wife and I are vacationing in the Upper Peninsula soon, we are going up via mackinaw (I've never been), but to return rather than drive an two hours through Illynoyze we are going to Manitowac, WI and taking the ferry across Lake Michigan to Ludington MI and coming down through MI.
F illinois.

 

[Butch627]

I read through this thread and followed links to others. What about Chicago? It is technically legal for residents there to own a handgun, but what about a Indiana resident with LTCH following the Illinois codes?

 

[Titanium_Frost]

I read through this thread and followed links to others. What about Chicago? It is technically legal for residents there to own a handgun, but what about a Indiana resident with LTCH following the Illinois codes?

Then you didn't read through all of them because the case law I posted earlier was FROM Chicago. Hope that answers your question.

 

[mrortega]

I read through this thread and followed links to others. What about Chicago? It is technically legal for residents there to own a handgun, but what about a Indiana resident with LTCH following the Illinois codes?

You must not have read post # 9 either. Also check out this link to the comments made in that post. The Ill SC ruling addressed out of staters with valid LTCH from their state being a legitimate substitute for the FOID and the legality of having an unloaded gun in a closed container. In fact the SC spanked the lower courts pretty well.
http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf

 

[Butch627]

Then you didn't read through all of them because the case law I posted earlier was FROM Chicago. Hope that answers your question.

You must not have read post # 9 either. Also check out this link to the comments made in that post. The Ill SC ruling addressed out of staters with valid LTCH from their state being a legitimate substitute for the FOID and the legality of having an unloaded gun in a closed container. In fact the SC spanked the lower courts pretty well.
http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf

I did read that. Im not sure if it was in the Illinois FAQ's or where, but they were cautioning that more restrictive local laws might need to be followed. I was wondering if chicago had passed something more restrictive, or if chicago had aknowleged that court ruling and was abiding by it.

 

[mrortega]

I did read that. Im not sure if it was in the Illinois FAQ's or where, but they were cautioning that more restrictive local laws might need to be followed. I was wondering if chicago had passed something more restrictive, or if chicago had aknowleged that court ruling and was abiding by it.

Good question. I believe they refer to DNR land or some other such agency that has more restrictive regs. In those cases you pretty well have to follow the federal guidelines to be safe. But for me the Holmes case is all I worry about because I just travel through that God-forsaken waste land on interstate highways.

 

[BowhuntnHoosier]

Hmmmm......what about on a motorcycle? I am going on a ride today. Will be leaving my weapon at home. But I wonder if I could unload it lock it in a case and just put it in my saddle bags or trunk bag.

 

[Roscoe38]

oc/cc

I don't disagree but I have a real hard time telling someone my opinion rather than the facts of what is legal. That way they can make their own decisions as however best to comply with the law vs their own comfort level.

And keeping your mouth shut and not consenting to searches are the best advice possible when traveling through Ill with weapons but from reading posts on INGO I know many armed citizens just can't possibly not tell someone they have a gun during a traffic stop. (Ironically enough, it always seems to be CCers that are just chomping at the bit to tell someone they are armed and OCers who don't inform...)

Sorry, I don't mean to make this into another OC/CC debate.

Another successful oc/cc debate

 

[Hammerhead]

Hmmmm......what about on a motorcycle? I am going on a ride today. Will be leaving my weapon at home. But I wonder if I could unload it lock it in a case and just put it in my saddle bags or trunk bag.

Yes, you could stop, unload, put it in your saddle bag or trunk and drive through. Once you're safely out the other side, re-arm.

 

[mrortega]

There is a gun nut group (like us) in Illinois that is advocating for carrying the unloaded gun and mag in a fanny pack. They claim that that meets the law. I don't think I personally would try that since Mrs. Ortega doesn't like to drive to Joliet by herself. But maybe they have a point. The SC ruling specifically covered the gun in the car because that's what the ruling was about.

 

[Titanium_Frost]

There is a gun nut group (like us) in Illinois that is advocating for carrying the unloaded gun and mag in a fanny pack. They claim that that meets the law. I don't think I personally would try that since Mrs. Ortega doesn't like to drive to Joliet by herself. But maybe they have a point. The SC ruling specifically covered the gun in the car because that's what the ruling was about.

It meets state law. Everyone who has been arrested (there have been several) have had the cases dropped before going to trial so no case law as to the legality on the books.

 

[mrortega]

It meets state law. Everyone who has been arrested (there have been several) have had the cases dropped before going to trial so no case law as to the legality on the books.

The fanny pack does? If so that's a pretty good way to carry and be able to pretty quickly defend yourself. Better carry something quality like a Glock 'cause you wouldn't want a 92 clone to malfunction.

 

[Butch627]

Illinois Carry | Concealed Carry Ive been doing a bunch of reading up on Illinois laws from threads here to other links. IDK if this site has been linked in this thread, but it might be worth looking at.

 

[mrortega]

Illinois Carry | Concealed Carry Ive been doing a bunch of reading up on Illinois laws from threads here to other links. IDK if this site has been linked in this thread, but it might be worth looking at.

Thanks for the good post, Butch. I read some info on a site like that, if not that one. I don't carry in a fanny pack but I have the supreme court ruling Illinois vs. Holmes in the vehicle with me when I'm in the land of the cursed.

 

[04FXSTS]

It meets state law. Everyone who has been arrested (there have been several) have had the cases dropped before going to trial so no case law as to the legality on the books.

Exactly correct!!! In fact a gentelman named John Horstman went through this several years ago and ended up with a $50,000 settlement from the county where it happened. However IIRC that just about broke even for him after paying lawyers and such.
I am not sure how it would play out for a non-resident of Illinois but for residents it should follow along those same lines. Get arrested, spend some time in jail until you can bond out then miss work and pay lawyers untill just before court the charges are dropped. Once again the state manages to hastle and possibly bankrupt a law abiding citizen without setting precedent in court. Jim.