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Transporting Firearms in Illinois Further Detail's Needed

Guns transport car truck Illinois

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#1 whatFss1

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Posted 16 March 2018 - 11:41 AM

So i am aware of the three types of way to transport a firearm in Illinois. 

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 trans- ported. 

 

My question is about the method of transportation not immediately accessible doesn't explain if it has to be unloaded or in a case. So in theory can one carry a trunk loaded gun since its out of reach? I always transported in cases and unloaded just to be safe.



#2 3ddiver

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Posted 16 March 2018 - 12:10 PM

Assuming it is not a firearm carried under the carry law, yes unloaded, yes in a case no matter where it is in the vehicle.



#3 whatFss1

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Posted 16 March 2018 - 02:56 PM

So can you have a empty magazine in the firearm or is that a no go?



#4 Euler

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Posted 16 March 2018 - 04:54 PM

So can you have a empty magazine in the firearm or is that a no go?


Illinois has no legal definition of "unloaded," but what seems to be used in practice is "no rounds in the firearm." An empty magazine is fine.
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#5 speedbump

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Posted 16 March 2018 - 06:46 PM

I'm not a lawyer, but pay close attention to the last sentence and the last word in it. IDNR has a different view of their statutes, but people - even instructors -  have been reading words into this language that do not exist. "Or" is not "and":

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
    Sec. 24-1. Unlawful use of weapons.
    (a) A person commits the offense of unlawful use of weapons when he knowingly:
        (1) Sells, manufactures, purchases, possesses or
    
carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
        (2) Carries or possesses with intent to use the same
    
unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
        (3) Carries on or about his person or in any vehicle,
    
a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
        (4) Carries or possesses in any vehicle or concealed
    
on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or

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#6 oohrah

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Posted 17 March 2018 - 05:20 PM

I would think clearing the chamber and removing the magazine is "unloaded", but not "broken down in a non-functioning state".

 

So, can you have a loaded magazine, not inserted, in the same case as the firearm, and be legal?


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#7 THE KING

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Posted 17 March 2018 - 05:47 PM

I would think clearing the chamber and removing the magazine is "unloaded", but not "broken down in a non-functioning state".
 
So, can you have a loaded magazine, not inserted, in the same case as the firearm, and be legal?


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#8 soundguy

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Posted 17 March 2018 - 07:34 PM

So can you have a empty magazine in the firearm or is that a no go?

 

If there is no magazine in the gun, it is easier to see the gun is not loaded, sorta, and it is faster to load should some life threatening emergency come up.

Before carry was legal in Illinois, some carry advocates wore fanny packs containing an unloaded gun and a fully charged magazine, both positioned for quick access. Six Seconds to Safety.

 

Fanny packs seem to be a fashion faux pas these days. It is difficult to find a good one. Once upon a time, they were available everywhere!


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#9 Brownshoe

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Posted 22 March 2018 - 11:14 AM

 

Fanny packs seem to be a fashion faux pas these days. It is difficult to find a good one. Once upon a time, they were available everywhere!

 

 

They are back! At least with the festival / rave kids. Here is a link.  :ermm:

 

https://www.slothste...lity-fanny-pack



#10 rotty_rott

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Posted 23 March 2018 - 10:36 PM

Legal, according to Todd.
http://illinoiscarry...showtopic=18708
"I got a shotgun, a rifle, and a fourwheel drive and a country boy can survive" Hank Williams Jr

#11 C0untZer0

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Posted 24 March 2018 - 10:33 AM

Review of 5.11 Select Carry Pistol Pouch and Ka-Bar TDI

 

I have a firearm with me everywhere I go except a school, post office or courthouse.  I have one pack with an unloaded Kahr CM9 and 2 loaded magazines (not in the firearm).  If I have to somewhere that is posted, I place my primary firearm - holster and all, in the glove compartment and I put on the pack containing the CM9.

 

When I get back to the car I put my primary firearm, holster and all - back in my pocket.

 

The advantage to me of this system is that I am not unholstering / reholstering a firearm multiple times a day, 


“Most gun control arguments miss the point. If all control boils fundamentally to force, how can one resist aggression without equal force? How can a truly “free” state exist if the individual citizen is enslaved to the forceful will of individual or organized aggressors?
 
 It cannot.” 

 

― Tiffany Madison― 


#12 C0untZer0

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Posted 24 March 2018 - 10:42 AM

Both packs have pull tabs, I use a pocket holster with both packs instead of just using the pack as a holster and I found with the CM9, it just kind of swings open but doesn't fall out.

 

It really works well.

 

This is a shot of what it looks like after yanking the pull tab - and I did YANK it, like I would in an emergency situation.

 

post-3474-0-84363700-1521909473.jpg

Attached Thumbnails

  • CM9 511 pack.jpg

“Most gun control arguments miss the point. If all control boils fundamentally to force, how can one resist aggression without equal force? How can a truly “free” state exist if the individual citizen is enslaved to the forceful will of individual or organized aggressors?
 
 It cannot.” 

 

― Tiffany Madison― 


#13 C0untZer0

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Posted 24 March 2018 - 10:52 AM

I don't think there is case law for an instance where someone has had a loaded magazine in the magazine well but not filly inserted, I don't think there is any case law on that, and my own opinion is that the finer points of having a magazine "fully inserted" versus just sitting in the magazine well would probably be lost on most judges.

 

I would predict that most Illinois judges would consider a gun with a loaded magazine in the magwell as being "loaded" whether the magazine was fully inserted or only partially inserted, and I wouldn't want to be the person who ends up being the case law for something like that.

 

But I have wondered about it occasionally.


“Most gun control arguments miss the point. If all control boils fundamentally to force, how can one resist aggression without equal force? How can a truly “free” state exist if the individual citizen is enslaved to the forceful will of individual or organized aggressors?
 
 It cannot.” 

 

― Tiffany Madison― 






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