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Question about transporting firearm with a foid card only


Chicago312

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https://maxonshooters.com/wp-content/uploads/2017/05/Safe-Transport.pdf

 

Essentially, the weapon needs to be one of 3 conditions:

 

  • Broken down in a non functioning state, OR
  • Not immediately Accessible, OR
  • Unloaded and enclosed in a case.

So if it is in a case, it just needs to not be loaded. If loaded it must be inaccessible. And , it can always be broken down.

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when transporting a firearm with a foid, does it matter if the slide is locked back as long as there's no loaded mags inserted?
As long as the chamber or cylinder is empty and there is no loaded magazine in the magazine well, the pistol is considered unloaded. You may have a loaded magazine next to the unloaded pistol inside an closed case legally in Illinois.
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https://maxonshooters.com/wp-content/uploads/2017/05/Safe-Transport.pdf

 

Essentially, the weapon needs to be one of 3 conditions:

 

  • Broken down in a non functioning state, OR
  • Not immediately Accessible, OR
  • Unloaded and enclosed in a case.

So if it is in a case, it just needs to not be loaded. If loaded it must be inaccessible. And , it can always be broken down.

FOID transport does not allow Loaded even if inaccessible...

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https://maxonshooters.com/wp-content/uploads/2017/05/Safe-Transport.pdf

 

Essentially, the weapon needs to be one of 3 conditions:

 

Broken down in a non functioning state, OR

Not immediately Accessible, OR

Unloaded and enclosed in a case.

So if it is in a case, it just needs to not be loaded. If loaded it must be inaccessible. And , it can always be broken down.

 

 

FOID transport does not allow Loaded even if inaccessible...

Incorrect. Not immediately accessible is a separate condition from unloaded and enclosed in a case, and from broken down in a non-functioning state. Saying it needs to be unloaded if not immediately accessible is like saying it needs to be field stripped if it is unloaded and enclosed in a case. Many people have believed this for years, but it is simply not true.

 

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Thanks fellas! And just for clarification, "enclosed in a case" can be the armrest of a vehicle? What constitutes as a legal case for transporting?

 

A console that completely closes, glove box, gun case, purse, backpack, anything that completely encloses the firearm. A holster is not considered a case.

I wonder if a Sneakey Pete would be considered a case
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I wonder if taking the barrel or firing pin out constitutes "broken down"

 

You'd have to be independently wealthy to be the test case for all this stuff, but I do think it would be funny to have a firearm that is loaded, but maybe have the trigger group and the firing pin out of it and claim that it is broken down.

 

Under Illinois law have a loaded magazine inserted in the firearm constitutes being "loaded" You don't have to have a cartridge in the chamber. So if you had a gun that didn't have a barrel, firing pin or even the trigger group, you could still have a "loaded" gun. But you could claim that the firearm, although loaded, was broken down in a non-functioning state.

 

Ahhh if only I had the time and money to go through the court system and get the case law created for this stuff...

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Bought a Nagant Rifle years back from R Guns I forgot to bring a case to transport it home in. They provided a 7"x 4" by 48 " long cardboard box to me. That's enough to comply with the law.

 

Been pulled over on way to a range trip in the past before Illinois CCL was passed and safest way comply is to keep loaded magazines in separate bag's, case's, container's. etc. from what firearms your transporting.

 

Officer had no issues with the 30-40 magazines I had preloaded to save time that day at gun range. In fact He was a bit stunned by the variety and let me off with a "Hey slow it down.....".

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Been pulled over on way to a range trip in the past before Illinois CCL was passed and safest way comply is to keep loaded magazines in separate bag's, case's, container's. etc. from what firearms your transporting. Officer had no issues with the 30-40 magazines I had preloaded to save time that day at gun range. In fact He was a bit stunned by the variety and let me off with a "Hey slow it down.....".
There is no reason the mags need to be in a separate bag. None whatsoever. As long as no loaded mag is in the magwell no round in the chamber, there is nothing wrong with the mags being in the same bag as the gun. I transport like this all the time. It's great the cop had no issue with how you were transporting, because there was nothing to have an issue with. Honestly, unless the gun case and bag-o-mags were plainly visible from the driver's window, or unless you gave the officer some reason to search your vehicle, it was really none of his business! You have a duty to inform the officer that you are carrying, if he asks. No such duty exists if you are transporting.Transport laws have been twisted in so many knots in this state by cops misquoting the law and well-meaning citizens offering second-hand advice without having read the law. Sent from my SM-G935V using Tapatalk
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Been pulled over on way to a range trip in the past before Illinois CCL was passed and safest way comply is to keep loaded magazines in separate bag's, case's, container's. etc. from what firearms your transporting.

 

Officer had no issues with the 30-40 magazines I had preloaded to save time that day at gun range. In fact He was a bit stunned by the variety and let me off with a "Hey slow it down.....".

 

I'm curious why you'd even let the officer search your car. Or, if you had guns in the car, why you'd offer that information. Even if asked, my response is "I'm not going to answer any questions".

 

You are required by law to state whether you're carrying under the ILCCA if asked by a LEO. I, personally, think that's an infringement of the fourth and fifth amendments. I guess we need a test case to prove if I'm right.

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Been pulled over on way to a range trip in the past before Illinois CCL was passed and safest way comply is to keep loaded magazines in separate bag's, case's, container's. etc. from what firearms your transporting.

 

Officer had no issues with the 30-40 magazines I had preloaded to save time that day at gun range. In fact He was a bit stunned by the variety and let me off with a "Hey slow it down.....".

 

I'm curious why you'd even let the officer search your car. Or, if you had guns in the car, why you'd offer that information. Even if asked, my response is "I'm not going to answer any questions".

 

You are required by law to state whether you're carrying under the ILCCA if asked by a LEO. I, personally, think that's an infringement of the fourth and fifth amendments. I guess we need a test case to prove if I'm right.

 

you volunteering?

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Folks have posted good info in this thread. The thing to keep in mind is - as with MOST laws,

There’s:

1) what is legal

2) what is illegal

3) what a cop THINKS is legal or illegal.

 

Some cops know the law. A lot do not. If you have an interaction with an uninformed and aggressive cop, you’re gonna get jammed up. It will likely get dismissed but it will be unpleasant.

 

I am not a lawyer.

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Been pulled over on way to a range trip in the past before Illinois CCL was passed and safest way comply is to keep loaded magazines in separate bag's, case's, container's. etc. from what firearms your transporting.

 

Officer had no issues with the 30-40 magazines I had preloaded to save time that day at gun range. In fact He was a bit stunned by the variety and let me off with a "Hey slow it down.....".

 

I'm curious why you'd even let the officer search your car. Or, if you had guns in the car, why you'd offer that information. Even if asked, my response is "I'm not going to answer any questions".

 

You are required by law to state whether you're carrying under the ILCCA if asked by a LEO. I, personally, think that's an infringement of the fourth and fifth amendments. I guess we need a test case to prove if I'm right.

 

you volunteering?

 

 

I tend to have no issue with disclosing that I'm carrying under the CCA if asked by a LEO. But, if they ask whether I have a trunk full of AR-15s, my answer is I'm not answering that question. If they ask if I have any guns in the car, my reply is "I have a concealed carry license and I am carrying a Glock 19 on my hip at the 4-5 O'Clock position". If I also have a trunk full of shotguns or other handguns, I don't offer that information willingly.

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Folks have posted good info in this thread. The thing to keep in mind is - as with MOST laws,

There’s:

1) what is legal

2) what is illegal

3) what a cop THINKS is legal or illegal.

Some cops know the law. A lot do not. If you have an interaction with an uninformed and aggressive cop, you’re gonna get jammed up. It will likely get dismissed but it will be unpleasant.

I am not a lawyer.

If the cop is rummaging through your range bag without a warrant or probable cause and you haven't given him permission to do so, the stop has already gone completely off the rails and the cop is a 1983 lawsuit waiting to happen.

 

Sent from my SM-G935V using Tapatalk

 

 

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Been pulled over on way to a range trip in the past before Illinois CCL was passed and safest way comply is to keep loaded magazines in separate bag's, case's, container's. etc. from what firearms your transporting. Officer had no issues with the 30-40 magazines I had preloaded to save time that day at gun range. In fact He was a bit stunned by the variety and let me off with a "Hey slow it down.....".
There is no reason the mags need to be in a separate bag. None whatsoever. As long as no loaded mag is in the magwell no round in the chamber, there is nothing wrong with the mags being in the same bag as the gun. I transport like this all the time. It's great the cop had no issue with how you were transporting, because there was nothing to have an issue with. Honestly, unless the gun case and bag-o-mags were plainly visible from the driver's window, or unless you gave the officer some reason to search your vehicle, it was really none of his business! You have a duty to inform the officer that you are carrying, if he asks. No such duty exists if you are transporting. Transport laws have been twisted in so many knots in this state by cops misquoting the law and well-meaning citizens offering second-hand advice without having read the law. Sent from my SM-G935V using Tapatalk

 

 

Hmm Lets see I was speeding. Got caught by local town officer, My Town. Hatchback car . Range bag, cases, and plastic plano ammo carrying box clearly visible thru rear window by officer as he walked up to drivers door. In my mind I quickly assumed He may actually know I had firearms in the car from his visual walk up.

Explained I was on way to range and asked officer what did he want me to do? Get out, stay in car, whatever made him the most comfortable. My intention is going home safe and with out any more holes in my person than what I left the house with. I don't need a jumpy Barney Fife and I have run across some still wet behind the ears officers in the past.

 

Thru the years starting from teenage on there have been all sorts of theories on how to get out of a ticket.

 

1. Starting from the theory to get out of the vehicle and immediately confronting officer in an attempt to get them to back down. That sure does not cut it in our modern times Cops get pretty upset if you get out and approach them.

2. Another approach : Argue and quote various laws and continue to argue. I've seen a militant pal argue case law and recite Illinois DMV with officers Line for line and directly quote IVC code from memory and my observations of this It tends to piss off a cop when you tell them "You cant write you for this or that" (buddy in a severely tall lifted 4 wheel drive truck) . Really If you have a lot of time and money on your hands , try this and see what results you get. If its a slow day in Mayberry and you have a officer that has a power complex, see what this earns you. Incident I'm bringing up here was back in the stone age before everybody had a smartphone to record every single interaction.

 

I've seen this result in radio calls where the boys in blue decide to have a gathering and they all take turns in going thru the IVC code book and have a jolly old time dog piling charges..... Months which led to years of court visits are the result of the decision to play that game with with Barney and his Pals. (the same guy I've seen do this has spent years in court thousands of dollars and eventually moved family and business out of state) Due to the special attention He got from Police. He was right by the matter of principle, By the letter of the law but he had a special odd way of interpreting IVC code, But he ticked off the wrong people and they dug their heels in and made life pure heck for him for several several years.

3. More modern times Officers are trained now to have occupants stay in car for the traffic stop. Things change with procedures.

 

Interaction with police, I'd say My intention is to make them comfortable and feel as safe as I can. I'm not the enemy or performing a criminal act.

 

Roll down window

Lean out ask "what you want me to do?" In? Out? Engine on? Off? Interior lights on? I don't need a .40 caliber piercing. I want that cop calm.

If the offense might be an error I'll politely ask or point out relevant information. Depending of Officers attitude I might bring up my opine 1 more time, But thats it.... If the guys going to ticket you. Be done with it and fight it out in court. Don't escalate the traffic stop.

 

 

I've been on Ill carry since 2008 In the Past There been lots of debate on transport federal law vs local, then it gets even more fun when police were bringing in interpretations on Wildlife/ DNR code to muddy up some poor guy thats just trying to transport from point a to b without a hassle.

 

If a cop wants to hassle you , theres not much your can do to stop it at the time. Now most anyone has the capability to video a traffic stop but if your at that point you're going to be in court later anyways. A lot of my past interactions with police were before the benefit of recording devices and it was your word against an officers.

 

 

As to the incident I posted earlier.

I got pulled over speeding. Had a crap load of weapons and loaded magazines in car. Having the magazines and ammunition separately kept me from extra attention. Perhaps in the way I dealt with my towns officer making him at ease and not on edge helped me get out of a ticket. We ended up the stop talking about various guns. Being a butthead and arguing with him certainly would not have resulted in me getting away scot free.

 

I wave at the police in my town, let them know they are appreciated. Told to me by a wise man. Traffic stops are exceedingly dangerous for a officer. Everytime they pull a traffic stop they don't know who they are pulling over. Grandma, the next John Dillinger, They have to peer thru dirty windows. window tinting, hoping theres not some 3 time loser armed to the teeth hiding in the rear passenger area on the floor just waiting to turn out the officers lights. Think about it from a officers view. Then you see why some of them behave the way they do in a situation.

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I had a local Deputy sitting near the entrance to my club's range, flagged me down as I was pulling in and asked what I was doing and then asked for my FOID. I looked at him with my signature "What the...?" face, said "Am I being detained?" he replies "Uhhhh....." so I ask again, "Am I being detained? Yes or no? If not, I'd like to go now." "No, you're not but if you'd like to answer so...." and quick cut him off "OK, I would like to get on with my day. Thank you, Deputy. " and drove right past him. Judging by the look on his face, no one had ever said "No" to him when he's pulled that. And based on his behavior, he's pulled it many times.

 

If it isn't relevant, you don't have to tell them anything. In fact, it's a good idea to not blab about what you're up to or whatever. Because it could end up turning a simple traffic stop into an hour plus long investigative detention simply because you have some guns and were speeding or made a turn without a signal. If it'll expedite the process, then by all means, spill the beans.

 

I'll happily give a cop enough rope to hang himself (or herself), then let him/her tie the noose, put it around their neck, then bury the cop if the stop turns bad. They end up building my case for me. I don't bother arguing my case with the cop.

 

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I wonder if a Sneakey Pete would be considered a case

Nope. It’s sold as a holster.

 

 

Now I'm confused, as I have read elsewhere that the Sneaky Pete would be suitable for use as a container for transportation.

 

I have case somewhat similar to a Sneaky Pete, although it is sold as a cell phone/electronics case. However, the description and photos make it clear that it's suitable for carrying a small handgun. Does that really make a difference?

 

https://www.amazon.com/Bulldog-Nylon-Phone-Holster-Black/dp/B002HSQHFK/ref=sr_1_9?ie=UTF8&qid=1509929518&sr=8-9&keywords=bulldog+belt+case

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For everyone's edumakation -----> http://www.gunssavelife.com/wp-content/uploads/2012/08/TransportLegally.pdf

 

Please read this. This is straight from ISP.

 

This is the old pdf that contains incorrect information regarding what constitutes a "case" (the wildlife code was amended to reflect the current law) and also out of state reciprocity (which Illinois now has inside a vehicle.)

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For everyone's edumakation -----> http://www.gunssavelife.com/wp-content/uploads/2012/08/TransportLegally.pdf

 

Please read this. This is straight from ISP.

This is the old pdf that contains incorrect information regarding what constitutes a "case" (the wildlife code was amended to reflect the current law) and also out of state reciprocity (which Illinois now has inside a vehicle.)

 

Maybe this one will be better :P ---> http://www.illinoisconcealcarryllc.com/pdfs/Transorting-Your-Firearm-Legally-Illinois-State-Police%20Brochure.pdf

 

Posted to show that it is legal to have loaded magazines in the case with your firearm.

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