spu69 Posted April 16, 2014 at 02:06 AM Share Posted April 16, 2014 at 02:06 AM If we just have a valid foid card, can the firearm be in the glove box compartment with nothing in the chamber and clip out?yes Link to comment Share on other sites More sharing options...
AG5124 Posted April 16, 2014 at 02:25 AM Share Posted April 16, 2014 at 02:25 AM anybody have the statute just so I can have handy, especially living in crook county and Chicago police officers not really knowing the law. thanks spud Link to comment Share on other sites More sharing options...
cjurczak Posted April 16, 2014 at 02:27 AM Share Posted April 16, 2014 at 02:27 AM People vs. Diggins case http://www.idaillinois.org/cdm/ref/collection/edi/id/392817 I keep a copy in my center console with a few rounds of .40S&W taped to it, so if I'm ever arrested, it will likely end up in a evidence bag... Link to comment Share on other sites More sharing options...
AG5124 Posted April 16, 2014 at 02:33 AM Share Posted April 16, 2014 at 02:33 AM thanks once again, this will do until my appeals process is over with which will probably be over a year smh Link to comment Share on other sites More sharing options...
John Q Public Posted May 4, 2014 at 01:15 PM Share Posted May 4, 2014 at 01:15 PM People vs. Diggins case http://www.idaillinois.org/cdm/ref/collection/edi/id/392817 I keep a copy in my center console with a few rounds of .40S&W taped to it, so if I'm ever arrested, it will likely end up in a evidence bag... Smart that... taping the cartridges to the case law. I like it! Hard to say they were, "unaware" when the thing is tapped to ammo. Link to comment Share on other sites More sharing options...
K-9 Posted May 19, 2014 at 06:46 PM Share Posted May 19, 2014 at 06:46 PM I have seen buildings in Swansea where the No No sign is not posted on the main building entrances but individual offices have posted the 4'x6" no firearms sign. Specific occurrence .. in Swansea, Il office building that house the regional IL Attorney General Office has NOT posted a No No sign but Lisa Madigan's office within that building has. Kudos to the property's owner/management. Link to comment Share on other sites More sharing options...
2A4Cook Posted June 19, 2014 at 01:57 PM Share Posted June 19, 2014 at 01:57 PM My gut tells me yes, but any informed opinions on whether something attached to the belt would quality as a "container" for transport purposes on public transportation, unloaded and with the loaded mag in another such "container," such as a belt mag clip with a snap cover? Link to comment Share on other sites More sharing options...
C0untZer0 Posted June 19, 2014 at 02:59 PM Share Posted June 19, 2014 at 02:59 PM There is also Holmes, Docket No. 109130, which sites Diggins The People v Holmes Although it deals with a non-resident, it establishes that the compartment in a seat rest - like a center console is a case or other container under (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) Another interesting component of this case is that the state contended that Holmes' firearm was loaded. Judge Burke seemed to indicate that if the state cannot prove EVERY element of the UUW charge then the accused will not be convicted. "Because the firearm was enclosed in a case, the State failed to prove every element of the offense of aggravated unlawful use of a weapon, as charged in Count 1, cannot stand" I wouldn't bank on this ever, but my interpretation of what Justice Burke is saying is that in order to be convicted of UUW the loaded firearm could not be in a case or container by a person with no FOID or another way of looking at it is that a person wouldn't be convicted of UUW if they either 1) Had the firearm in a case, or 2) had a valid FOID, or 3) the firearm was unloaded. Just an interesting aspect to the Holmes case. Link to comment Share on other sites More sharing options...
Dr. Rat Posted June 19, 2014 at 03:00 PM Share Posted June 19, 2014 at 03:00 PM My gut tells me yes, but any informed opinions on whether something attached to the belt would quality as a "container" for transport purposes on public transportation, unloaded and with the loaded mag in another such "container," such as a belt mag clip with a snap cover? So long as you can seal the belt container that would qualify as a case. Whether or not it is legal to carry it on public transportation hasn't been determined yet. Link to comment Share on other sites More sharing options...
2A4Cook Posted June 19, 2014 at 06:37 PM Share Posted June 19, 2014 at 06:37 PM My gut tells me yes, but any informed opinions on whether something attached to the belt would quality as a "container" for transport purposes on public transportation, unloaded and with the loaded mag in another such "container," such as a belt mag clip with a snap cover? So long as you can seal the belt container that would qualify as a case. Whether or not it is legal to carry it on public transportation hasn't been determined yet. Thanks. Which essentially means that it ISN'T legal for all practical purposes, until such time as some poor crash test dummy gets tossed about through the legal system, and ONE individual (judge) who may have strong leanings one way or the other will determine it ...until perhaps it reaches the three individual panel with similar leanings, and two of whom would be needed for a decision. It shouldn't be this way with this law. We are talking about law abiding, thoroughly background checked citizens who may get hung by a technicality. The very fact that "transport" on public transportation isn't expressly forbidden tells me that it is not forbidden, but that they will nevertheless drag some poor jerk or jerkette through heck and back while they try their damnedest to get a court to legislate a ban from the bench. Link to comment Share on other sites More sharing options...
matter Posted September 10, 2014 at 03:28 PM Share Posted September 10, 2014 at 03:28 PM Hypothetical Situation: Ride Motorcycle with lockable trunk to prohibitied conceal carry place with full mag and one in the chamber and/or full wheel gun. The way I read the law, it says one must unload "while in the vehicle" and then save haven to store in trunk. So, in clear public view, one needs to eject mag, rack out a round, hope to catch it, and then safe haven store all without being seen (so as to not alert potential thief or non-2A worry wart). Then reverse the process when leaving. Leaving loaded can be done quite easily, unloading in public is sorta conspicuous, doncha think? Any thoughts, ideas on how to remain legal appreciated in advance.. Or, in this case, might it be legal to leave loaded while storing? Link to comment Share on other sites More sharing options...
Dr. Rat Posted September 10, 2014 at 04:13 PM Share Posted September 10, 2014 at 04:13 PM Try a search. This topic has been covered pretty extensively. I think the bottom line was, like almost all of them, who knows until a court rules? Link to comment Share on other sites More sharing options...
Glock23 Posted September 10, 2014 at 04:38 PM Share Posted September 10, 2014 at 04:38 PM Hypothetical Situation: Ride Motorcycle with lockable trunk to prohibitied conceal carry place with full mag and one in the chamber and/or full wheel gun. The way I read the law, it says one must unload "while in the vehicle" and then save haven to store in trunk. So, in clear public view, one needs to eject mag, rack out a round, hope to catch it, and then safe haven store all without being seen (so as to not alert potential thief or non-2A worry wart). Then reverse the process when leaving. Leaving loaded can be done quite easily, unloading in public is sorta conspicuous, doncha think? Any thoughts, ideas on how to remain legal appreciated in advance.. Or, in this case, might it be legal to leave loaded while storing? Keep in mind that the requirement to unload before exiting the vehicle only applies if the parking area is also a prohibited location, not just the building that the parking area belongs to. Example: 1. The prohibition for a school includes the buildings, real property, and parking areas. You would have to unload to exit the vehicle and put it in your trunk. 2. The prohibition for a courthouse does not include the real property or parking areas. You would not need to unload to put it in your trunk. Link to comment Share on other sites More sharing options...
Pipedoc Posted September 10, 2014 at 06:27 PM Share Posted September 10, 2014 at 06:27 PM Yep. I ride as well and have not figured this either. I can just imagine the unwanted attention I would receive while sitting on my motorcycle in the school parking lot either loading or unloading a handgun. I don't see that ending well. Sooner or later I will have to disarm at a prohibited location in this fashion. I was kinda hoping someone else would have that all sorted out for the rest of us by then. It will be interesting to say the least. Link to comment Share on other sites More sharing options...
spu69 Posted September 10, 2014 at 09:30 PM Share Posted September 10, 2014 at 09:30 PM I frequently go to my daughters school. I will very often stop on the shoulder of the road on the way there, and move my firearm to the trunk. Then proceed to the school. Reversing the procedure as I leave. Link to comment Share on other sites More sharing options...
Tvandermyde Posted September 11, 2014 at 01:30 PM Share Posted September 11, 2014 at 01:30 PM When I can't carry my sidearm into a building, I take it out of the holster while in my truck. Place it in the center console -- yes loaded. Close console and exit the truck. lock truck and go on about my business. why unload? why manipulate it more than you have to? Link to comment Share on other sites More sharing options...
BIGDEESUL Posted September 11, 2014 at 01:39 PM Share Posted September 11, 2014 at 01:39 PM I do the exact same thing as Todd. Except for when I'm with the kids. I unload and lock the unloaded firearm in my glovebox. I don't take any chances of being distracted while getting in the car or loading something in the trunk and having one of the kids reach into the console and having an incident. Link to comment Share on other sites More sharing options...
kwc Posted September 11, 2014 at 01:59 PM Share Posted September 11, 2014 at 01:59 PM When I can't carry my sidearm into a building, I take it out of the holster while in my truck. Place it in the center console -- yes loaded. Close console and exit the truck. lock truck and go on about my business. why unload? why manipulate it more than you have to? In @matter's hypothetical scenario, though, the CCL holder isn't actually "inside" a vehicle while riding a bike. Has he broken the law by stepping of the bike and removing his loaded firearm from a holster to store it, assuming the parking lot is a posted area? Link to comment Share on other sites More sharing options...
BIGDEESUL Posted September 11, 2014 at 02:12 PM Share Posted September 11, 2014 at 02:12 PM When I can't carry my sidearm into a building, I take it out of the holster while in my truck. Place it in the center console -- yes loaded. Close console and exit the truck. lock truck and go on about my business. why unload? why manipulate it more than you have to? In @matter's hypothetical scenario, though, the CCL holder isn't actually "inside" a vehicle while riding a bike. Has he broken the law by stepping of the bike and removing his loaded firearm from a holster to store it, assuming the parking lot is a posted area? Who's to say he hasn't broken the law by being on his bike carrying into a parking lot in the first place? Does does the safe harbor provision apply to motorcycles? Is being on a motorcycle legally being "within a vehicle"? I haven't researched it, and I think it's been discussed before, but I'm curious. Link to comment Share on other sites More sharing options...
Dr. Rat Posted September 11, 2014 at 02:30 PM Share Posted September 11, 2014 at 02:30 PM http://illinoiscarry.com/forum/index.php?showtopic=44392 http://illinoiscarry.com/forum/index.php?showtopic=42344 http://illinoiscarry.com/forum/index.php?showtopic=38386 http://illinoiscarry.com/forum/index.php?showtopic=47922 Link to comment Share on other sites More sharing options...
kwc Posted September 11, 2014 at 02:50 PM Share Posted September 11, 2014 at 02:50 PM http://illinoiscarry.com/forum/index.php?showtopic=44392 Looks like this topic has been discussed once or twice. My advice, as with anything that doesn't have a clear answer: be discreet, don't draw attention to yourself, and minimize your risk whenever possible. Be willing to hire a lawyer and engage in a legal fight if you do catch someone's attention in the wrong way. Link to comment Share on other sites More sharing options...
Dr. Rat Posted September 11, 2014 at 03:00 PM Share Posted September 11, 2014 at 03:00 PM http://illinoiscarry.com/forum/index.php?showtopic=44392 http://illinoiscarry.com/forum/index.php?showtopic=42344 http://illinoiscarry.com/forum/index.php?showtopic=38386 http://illinoiscarry.com/forum/index.php?showtopic=47922Looks like this topic has been discussed once or twice. My advice, as with anything that doesn't have a clear answer: be discreet, don't draw attention to yourself, and minimize your risk whenever possible. Be willing to hire a lawyer and engage in a legal fight if you do catch someone's attention in the wrong way. That was actually the advice from our SA - just be discrete about it. Nobody is looking to jack you up. Unfortunately, no one thought to ask about the loaded or unloaded aspect when storing in a motorcycle... Link to comment Share on other sites More sharing options...
BIGDEESUL Posted September 11, 2014 at 03:46 PM Share Posted September 11, 2014 at 03:46 PM Slight discussion I see. I knew I remembered it being talked about before. Looks like I have a bit of reading to do. Lol Link to comment Share on other sites More sharing options...
Dr. Rat Posted September 11, 2014 at 04:02 PM Share Posted September 11, 2014 at 04:02 PM Spoiler alert: there's no definitive answer yet... Link to comment Share on other sites More sharing options...
matter Posted September 14, 2014 at 12:32 AM Share Posted September 14, 2014 at 12:32 AM When I can't carry my sidearm into a building, I take it out of the holster while in my truck. Place it in the center console -- yes loaded. Close console and exit the truck. lock truck and go on about my business. why unload? why manipulate it more than you have to? Why unload? Law says I must if in prohibited parking area (such as a school). Link to comment Share on other sites More sharing options...
RoadyRunner Posted September 14, 2014 at 12:54 AM Share Posted September 14, 2014 at 12:54 AM When I can't carry my sidearm into a building, I take it out of the holster while in my truck. Place it in the center console -- yes loaded. Close console and exit the truck. lock truck and go on about my business. why unload? why manipulate it more than you have to? Why unload? Law says I must if in prohibited parking area (such as a school). I don't think the law says that. You must unload before exiting the vehicle in order to store it in the trunk, sure. However, you can put it loaded into your center console and lock the car - or - put it loaded into a locked box and leave your car unlocked if you prefer. Either way, it can remain loaded. Link to comment Share on other sites More sharing options...
matter Posted September 14, 2014 at 01:05 AM Share Posted September 14, 2014 at 01:05 AM I am copying this from RED BOLD my Emphasis.. "A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container." Link to comment Share on other sites More sharing options...
matter Posted September 14, 2014 at 01:11 AM Share Posted September 14, 2014 at 01:11 AM And PS. My question had to do with riding a motorcycle which has a lockable truck. Notice how above it says I must unload while "in the vehicle"... I am on my vehicle... I really don't want to be the first test case and I really don't wanna hafta unload..... ARG.. Link to comment Share on other sites More sharing options...
matter Posted September 14, 2014 at 02:06 AM Share Posted September 14, 2014 at 02:06 AM Above Copied from http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39 Link to comment Share on other sites More sharing options...
RoadyRunner Posted September 14, 2014 at 03:17 AM Share Posted September 14, 2014 at 03:17 AM It sort of looks like those that ride bikes have the same problem that those that walk in the city, or those that commute by public transit have: no possible 'safe haven' for entering prohibited places. $$ Best to not bother carrying. Its almost as if they designed the law that way. $$ Link to comment Share on other sites More sharing options...
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