View Full Version : Traveling to Illinois
lildobe
11-08-2007, 12:39 PM
I know I can't conceal carry there, even with my PA Resident CCW, however I'm wondering about the transport laws... would it be legal to have my pistol in my truck at all?
What about my shotgun? Could I have it on it's rack but unloaded, like I do here in PA?
Any info would be appreciated! TIA!
junglebob
11-08-2007, 02:09 PM
lildobe, You can go to the Illinois State Police web site - www.isp.state.il.us/foid/firarms.cfm Click on How to transport your firearm legally. If you go to 5/24-1.6 of the Illinois Statutes on Unlawful Use of Weapons it says - this section does not apply to or effect the transportation of weapons that are
(i) are broken down in a non-functioning state;
(ii) are not immediately accessible;or
(iii) are unloaded and enclosed in a case firarm carrying box, shipping box, or other container by a person who has been issued a valid Firearm Owners Identification Card.
To answer your question no you couldn't have it in a gun rack and unloaded. If you had a Firearm Owners ID card you could have it unloaded in a case in the rack, with ammo in the case as well (this can be in a loaded magazine) I don't know that FOID cards are ever issued to non-residents. However you can see a FOID application on the ISP site and download it if you wish. I do notice that there is a spot for state on the application. There is also a place for county code, and each county in Illinois is given a code, which is on the back of the application. It costs $5 for 5 years, though it is going to the $10 for 10 years, I imagine in 2008. You could try getting it if it doesn't go thru you are out $5.
The FOID card gives you the so called "fanny pack" exemption to having the firearm not immediately accessible.
Now a little warning not all State Troopers are up to speed on the law. For years an instructor at one of the training schools for troopers taught that the ammunition could not be with the firearm and it needed to be inaccessible. He now admits what he taught was wrong, however a number of troopers may be going on "what I was taught at the academy"
Even some state patrol offices have said the exemption to tranporting a fiream with a FOID doesn't apply when you are on foot, only in a vehicle. This dispite what the ISP website says. The website says you may have ammunition in the case with the firearm. They are going by department policy. Also be aware that outside southern Illinois, north of I64 there may be local home rule community ordinances as well, especially in the Chicago area. I know of none south of I64.
No one I know of has been convicted under the Unlawful Use of Weapons for the so called "fanny pack carry". However because of the factors mentioned you might get arrested even though in possession of a FOID card. Someone on an Illinois forum of 600 members said it has happened, I asked him for an example a month ago and have heard of none.
Usual disclaimer applies, I am not a lawyer, nor do I play one on T.V.
junglebob
11-08-2007, 02:12 PM
P.S. There is also a Wildlife Code that requires a firearm to be in a case designed for a firearm.
lildobe
11-08-2007, 02:14 PM
Thanks for the reply... I think I'll just play it safe and leave the guns at home
Especially since I WILL be *in* Chicago proper for most of the trip.
Ah, well.
junglebob
11-08-2007, 02:28 PM
You will definately be in the worst area in Illinois in which to transport firearms. There is even a bounty paid to Chicago law enforcement for firearms confiscated!
lildobe
11-08-2007, 02:31 PM
Yikes!
Sounds nearly as bad, or even worse, then DC!
*marks of another state to never move to*
Bill of Rights
11-08-2007, 06:37 PM
I WILL be *in* Chicago proper for most of the trip.
By CHOICE??? :shock: :shock: :shock:
I say it all the time, but I think you need it more now, especially, lildobe:
Blessings,
M
junglebob
11-08-2007, 07:47 PM
Yikes!
Sounds nearly as bad, or even worse, then DC!
*marks of another state to never move to*
I think Pa's firearm laws are better than Illinois, but I don't think Illinois comes close to Washington D.C. I'll say that Illinois has no "duty to retreat" laws. You can keep a loaded firearm, concealed or open in your home or in your business. Also this does include your motel room, it is also considered your abode. So you aren't left defenseless at all times. There are some local ordinances like I mentioned but breaking them wouldn't be a felony unlawful use of weapons. You can also open carry in unincorparated rural areas outside a vehicle, though its a mostly unexcercised right.
According to opencarry.org handgun ownership has been prohibited in D.C. since 1977 and rifles and shotguns must be kept disassembled in the home.
I'll also say that opencarry.org has a top 5 states with the worst firearms laws and Illinois didn't make it.
I must say that the Centre County Sheriffs department which issues the non-resident Pa permit, which I have, has some of the nicest and most helpful people one could come across in government. Very efficient too, got my Pa permit in about 10 days, including snail mail time.
junglebob
11-10-2007, 04:51 PM
I asked on the Illinoiscarry.com forum and someone said that you can get a Firearm Owners ID card for Illinois if you have dual residency. So I guess if you live part of the year in Illinois that would be available. Where would anyone want to live in Illinois part of the year? Well southern Illinois is very nice in the fall, we have lots of trees and fall color. We refer to southern Illinois as the "other Illinois". I had talked on the phone with a member of law enforcement about any firearms ordinances his city might have. He said they had none. He also said they only have a couple of Unlawful Use of Weapons arrests a year and usually there is something else involved as well such as DUI or domestic abuse. He said we're not far from a wildlife area, its different here than around Chicago.
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