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Visiting IL with a FL permit and firearm


RoundSquare

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I’ll be driving to visit a relative in the Chicago suburbs (near O’hare) from Florida. I am a Florida resident and have a Florida concealed weapons permit and a handgun. Florida permit reciprocity covers me in all states I have to travel through except Illinois.

 

I found these guidelines:

https://www2.illinois.gov/dnr/hunting/Documents/TransportYourFirearmLegally.pdf

 

I am still unclear as to how they pertain to non-residents. If I stop before the IL border, disassemble my firearm, lock it in a case, and put it in the back of my car (not accessible while driving), will I be legal to drive into IL? I plan to visit my relative for a few days, during which time this locked case will stay in their house - I have no intention of carrying while in IL. When I leave, the gun will stay disassembled, locked, and in the back of my car until I’m out of IL and back into the states that honor my Florida permit. Am I missing anything here or does this sound legal?

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I’ll be driving to visit a relative in the Chicago suburbs (near O’hare) from Florida. I am a Florida resident and have a Florida concealed weapons permit and a handgun. Florida permit reciprocity covers me in all states I have to travel through except Illinois.

 

I found these guidelines:

https://www2.illinois.gov/dnr/hunting/Documents/TransportYourFirearmLegally.pdf

 

I am still unclear as to how they pertain to non-residents. If I stop before the IL border, disassemble my firearm, lock it in a case, and put it in the back of my car (not accessible while driving), will I be legal to drive into IL? I plan to visit my relative for a few days, during which time this locked case will stay in their house - I have no intention of carrying while in IL. When I leave, the gun will stay disassembled, locked, and in the back of my car until I’m out of IL and back into the states that honor my Florida permit. Am I missing anything here or does this sound legal?

Thats for transportation. Having a ccw, you can have it concealed in the car while driving. If you get out or leave the car then thats different.
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EDIT: You say "near Ohare". Are you going to Cook County? Cook has a mag capacity on their books but not aware of it being enforced, plus the state has preemption over handguns so there are questions if it is even valid. Just an FYI

*******

As mentioned your FL CCL will not allow you to do anything except concealed car carry.

 

Must leave in car when exiting vehicle. Container can also be glovebox, center console, etc.

 

There is a duty to inform IF asked.

 

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(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:

(1) is not prohibited from owning or possessing a firearm under federal law;

(2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and

(3) is not in possession of a license under this Act.

 

If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (B) of Section 65 of this Act.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, eff. 7-20-15.)

 

(h) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, or present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection. The disclosure requirement under this subsection (h) is satisfied if the licensee presents his or her license to the officer or the non-resident presents to the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is qualified to carry under that subsection. Upon the request of the officer, the licensee or non-resident shall also identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h).

 

(h-1) If a licensee carrying a firearm or a non-resident carrying a firearm in a vehicle under subsection (e) of Section 40 of this Act is contacted by a law enforcement officer or emergency services personnel, the law enforcement officer or emergency services personnel may secure the firearm or direct that it be secured during the duration of the contact if the law enforcement officer or emergency services personnel determines that it is necessary for the safety of any person present, including the law enforcement officer or emergency services personnel. The licensee or nonresident shall submit to the order to secure the firearm. When the law enforcement officer or emergency services personnel have determined that the licensee or non-resident is not a threat to the safety of any person present, including the law enforcement officer or emergency services personnel, and if the licensee or non-resident is physically and mentally capable of possessing the firearm, the law enforcement officer or emergency services personnel shall return the firearm to the licensee or non-resident before releasing him or her from the scene and breaking contact. If the licensee or non-resident is transported for treatment to another location, the firearm shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm.

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The guidelines you found are outdated. Public Act 97-1027 brought the transport language in the Wildlife Code into conformance with the language in Unlawful Use of Weapons (UUW).

UUW specifies that the transported firearm must be:

(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container
by a person who has been issued a currently valid
Firearm Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has been
issued a currently valid license under the
Firearm Concealed Carry Act; ...


Item (iii) can be a little confusing in that the Illinois Supreme Court found, in People v Holmes, that the FOID requirement cannot be imposed upon people that are ineligible for a FOID Card by virtue of their out-of-state residency. A copy of that ruling is attached.

As stated above, people licensed to carry in their state of residence can also carry within their vehicle while in Illinois under the Firearm Concealed Carry Act

(e) Nothing in this Act shall prohibit a non-resident from
transporting a concealed firearm within his or her vehicle in
Illinois, if the concealed firearm remains within his or her
vehicle and the non-resident:
(1) is not prohibited from owning or possessing a
firearm under federal law;
(2) is eligible to carry a firearm in public under
the laws of his or her state or territory of residence, as
evidenced by the possession of a concealed carry license or
permit issued by his or her state of residence, if
applicable; and
(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended, he
or she shall store the firearm within a locked
vehicle or locked container within the vehicle in accordance with subsection (b ) .... Section 65 of this Act....

 

109130.pdf

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If the non-resident leaves his or her vehicle unattended,

 

I had an out of state LEO in one of my instructor classes claim: "If a non-resident is sitting in a restaurant and can see their vehicle thru the window then the vehicle in NOT unattended, and the non-resident can still carry":

 

Deobate that one......

They're wrong. Nothing to debate.

 

 

"Nothing in this Act shall prohibit a non-resident from

transporting a concealed firearm within his or her vehicle in

Illinois, if the concealed firearm remains within his or her

vehicle..."

 

The unattended car part is only for whether they have to lock the vehicle/case. So they could leave their car unlocked? Good for them I guess?

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If the non-resident leaves his or her vehicle unattended,

 

I had an out of state LEO in one of my instructor classes claim: "If a non-resident is sitting in a restaurant and can see their vehicle thru the window then the vehicle in NOT unattended, and the non-resident can still carry":

 

Deobate that one......

They're wrong. Nothing to debate
This...
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I had an out of state LEO in one of my instructor classes claim: "If a non-resident is sitting in a restaurant and can see their vehicle thru the window then the vehicle in NOT unattended, and the non-resident can still carry":

 

Why would anyone take the word of an out of state LEO, or any LEO, over the text of Illinois statute?

His claim is magical thinking...

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I had an out of state LEO in one of my instructor classes claim: "If a non-resident is sitting in a restaurant and can see their vehicle thru the window then the vehicle in NOT unattended, and the non-resident can still carry":

 

Why would anyone take the word of an out of state LEO, or any LEO, over the text of Illinois statute?

His claim is magical thinking...

 

I DID not take his word, just passing on a veteran Deputy Sheriff's (and Illinois Concealed Carry Instructor) comment. Don't put words in my mouth. WHY is he wrong and you are right?

 

FWIW. I told him ISP would disagree with him.

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  • 2 weeks later...
Why do you people have to bastardize something so easy?

 

 

To the OP, if you possess a CCL from your resident state you can carry loaded in your vehicle in Illinois. If you get out of your vehicle the weapon must remain in a locked car or case.

 

.

 

ALMOST THIS.

 

If he parks upon the property of his friend and has his friend’s permission he can exit the car and carry on said friends property.

Everywhere else it must remain locked in the car.

 

The rest is all good

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