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Transportation of Firearm - Question

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  • Transportation of Firearm - Question

    I am trying to understand the Illinois laws around transporting a firearm and also how LEOs interpret the law. As I understand the law (see below) if the gun is unloaded, transported by someone with a FOID, and in a legal case; there are no other laws in place (location of ammo, proximity of ammo to gun, location of gun compared to persons in the vehicle).

    Are any LEOs aware of any accessibility clause? If there is no accessibility clause, are most LEOs aware of that and how would they respond if the gun was accessible?

    Last, what then is the difference between concealed, unlawful use, and legally transporting (whether the gun is loaded or not)?

    Any help on clarifying this would be greatly appreciated. I can't find an attorney that will say for sure, Lisa Madigan's office can't advise citizens, and the local State's Attorney won't respond... so if I have 4 people in my SUV and we are headed to the range - I want to be legal. Also, if I am going to range by myself, I don't like to put them in the far back because people can see in the vehicle - so I like to put them in the back seat.

    According to a pamphlet on the Illinois State Police's website (http://www.isp.state.il.us/docs/1-154.pdf):

    HOW CAN I LEGALLY TRANSPORT A FIREARM
    ON MY PERSON OR IN MY sports utility
    vehicle (SUV), pickup truck, van, station
    wagon, or even a motorcycle?
    Three statutory codes regulate the possession, transfer,
    and transportation of firearms - the Criminal Code, the
    Wildlife Code, and the Firearm Owner’s Identification Act.
    In order to comply with those statutes when transporting
    a firearm, it must be:
    1. Unloaded, and
    2. Enclosed in a case, and
    3. By persons who have a valid FOID card.
    4. Non-Residents must be eligible to possess
    or acquire firearms and ammunition in their
    state of residence.

  • #2
    tried to make a simple answer;

    transporting....
    -Weapon unloaded in a case, if you can take field strip it or put a lock on the case EVEN BETTER!
    -i would also say.. make sure its not accessable to anyone or passengers in your vehicle. You mentioned you have an SUV. Try to secure the case to the floor/floorboard in the trunk, ive seen people use gunlocks (the wire kind) to achieve this.

    Ammo:
    -Put it in your glove box. or up front

    The whole picture is that your gun and ammunition are not accessable. Meaning you cannot load and make the weapon ready at any time, with anyones help. That the weapon is being transported in an inoperable state and that it cannot be made operable "accessable" at any time until you reach your destination.( i would hope the RANGE or home)...

    I would also suggest dont have it in your car unless you are going to the range, to service the weapon, etc...

    After that, the weapon follows you home, what you do with it there is up to you, loaded or not. But it is your responsibility to make it safe esp. if there are kids in the house.

    you mentioned concealed? in IL at no time should you have it concealed on your person or in your vehicle. Unless you are law enforcement or authorized by the department of professional regulation. Transporting however, since you have an SUV and you said that you can see in the back windows. If you want... dont take me for the "law" now. I would probably say your safe throwing a hoodie or shirt over the case, just MAKE SURE you tell an officer/LEO if you get pulled over for any reason! what, where it is, and where you are heading...

    In IL there are no concealed carry licenses like some states. Only a FOID which will get you your right to own and to-from privledges to the range..
    Last edited by Blueline325; 09-04-2008, 10:09 PM.

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    • #3
      Blueline - thanks for the reply. I presume you are a LEO.

      Based on the information you provided, it appears to me that the ISP's information is wrong. I am NOT looking to carry concealed nor am I looking to carry one on my person (that is looking for trouble)... but their brochure indicates you could transport a firearm on your person as long as it is unloaded, in a legal case, and by someone with a FOID. It also specifically states you can carry one on your motorcycle - which would always be accessible.

      In another part of their brochure it specifically says that ammunition can be carried in the same case as ammunition is not regulated as long as the person has a valid FOID.

      If I extrapolate your message, carrying a weapon in a locked - legal gun case, unloaded, and by me with a FOID; but having it accessible (ie under the passenger front seat) would be illegal AND would be either unlawful use or considered a concealed weapon. Is that true?

      Thanks a bunch!

      Comment


      • #4
        Based on the information you provided, it appears to me that the ISP's information is wrong.
        This ISP's information is not wrong. The information in that brochure and on the ISP's website is researched extensively by department attorneys long before it ever hits print.
        You asked if police officers know the law. The answer is they should. They were taught the correct law in the academy. For over 15 years I sat on the curriculum review committee reviewing and approving every course taught at the academies so I know what was in the lesson plans and what was taught. However, as with people in general, some didn't pay attention, others forget, and still others are noted for MSU when they don't know, are too lazy to look it up, or unable to understand what they read.
        It's covered in the statutes:
        http://www.ilga.gov/legislation/ilcs...ode+of+1961%2E
        is the Unlawful Use of a Weapon statute.

        http://www.ilga.gov/legislation/ilcs...on+Card+Act%2E
        is the FOID act.

        http://www.ilga.gov/legislation/ilcs...ldlife+Code%2E
        defines a case and the requirement.

        To legally transport a firearm in IL it needs to be unloaded and in a case. If you are an IL resident then you need a FOID. There is nothing in IL law that says the ammo has to be separate from the firearm. The ammo can be legally carried in the same case as the firearm, it just can't be in the firearm. The case does not have to lock only have some method of closure, ie, zipper, tie, buckle, etc. The case does not have to bolted or secured in the vehicle. It can be carried anywhere in the vehicle.
        The brochure and website makes reference to out of state visitors and "recommends" the firearm being carried out of reach of the occupants. That recommendation is due to federal law - Firearm Owners Protection Act. That statute mentions keeping the firearm out of reach of the occupants. That is not required by IL law but if an out of stater was passing thru they would then also be protected by FOPA in addition to IL statute.
        183 FBINA

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        • #5
          ISPCAPT, Its nice to c someone on here that knows what they are talking about,unlike alot of the wannabes on here.

          Comment


          • #6
            ISPCAPT, Its nice to c someone on here that knows what they are talking about,unlike alot of the wannabes on here.

            Comment

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