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Transport Your Firearm Legally in IL


Molly B.

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If you have your hand gun properly cased does it matter where it is located in the vehicle?

I have heard it cannot be accessible from the drivers seat which makes no sense.

 

A common misconception, sometimes quoted by LEO's. The law does not specify a location or mandate any such thing as "Inaccessible from (driver's seat, passenger compartment or anyplace else in the vehicle). Unloaded, in a case is all it says.

 

And a center console (front seat or back seat) has been upheld by the Supreme Court of Illinois as a case as defined by the statutes.

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Except the brochure states that for out-of-state travelers the cased, unloaded firearm needs to be inaccessible.

 

Non-residents must be legally eligible to possess

or acquire firearms and ammunition in their state of

residence. It is recommended that in order to be in

compliance with all statutes, non-residents transport

all firearms:

1. Unloaded, and

2. Enclosed in a case, and

3. Not immediately accessible or broken down in a

nonfunctioning state.

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Except the brochure states that for out-of-state travelers the cased, unloaded firearm needs to be inaccessible.

 

Non-residents must be legally eligible to possess

or acquire firearms and ammunition in their state of

residence. It is recommended that in order to be in

compliance with all statutes, non-residents transport

all firearms:

1. Unloaded, and

2. Enclosed in a case, and

3. Not immediately accessible or broken down in a

nonfunctioning state.

 

Wonder why? Maybe out-of-state-ers are even more scary than Illinoisans, since they all come from right-to-carry states if their home state borders Illinois. Silliness of Illinois gun laws never ends, does it?

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Except the brochure states that for out-of-state travelers the cased, unloaded firearm needs to be inaccessible.

 

Non-residents must be legally eligible to possess

or acquire firearms and ammunition in their state of

residence. It is recommended that in order to be in

compliance with all statutes, non-residents transport

all firearms:

1. Unloaded, and

2. Enclosed in a case, and

3. Not immediately accessible or broken down in a

nonfunctioning state.

 

The Illinois Supreme Court in State vs Holmes overturned the additional restrictions for non-residents. Out of staters are now held to the same transport restrictions as Illinois residents.

 

The state police are slow to change.

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My trap gun doesn't fully fit into my softsided case. The butt sticks out a couple of inches. As a result, I can't zip it completely shut. I transport it in the trunk like this. Am I legal?

I'm not sure about that. The law says unloaded and in a case or other container. I don't think the trunk would be considered a container. You might want to get you a cheapy gun sock to put your trap gun in.

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Except the brochure states that for out-of-state travelers the cased, unloaded firearm needs to be inaccessible.

 

Non-residents must be legally eligible to possess

or acquire firearms and ammunition in their state of

residence. It is recommended that in order to be in

compliance with all statutes, non-residents transport

all firearms:

1. Unloaded, and

2. Enclosed in a case, and

3. Not immediately accessible or broken down in a

nonfunctioning state.

 

The Illinois Supreme Court in State vs Holmes overturned the additional restrictions for non-residents. Out of staters are now held to the same transport restrictions as Illinois residents.

 

The state police are slow to change.

 

I think the ISP brochure is worded that way specifically to get non-residents around local ordinances like Chicago's and Oak Park's. As long as you're not afoul of a local ordinance then:

 

Unloaded and in a case;

OR broken down in a non-functioning state;

OR not immediately accessible is the law.

 

You can carry it loaded and not in a case, in the trunk of your car and technically be in compliance. But I wouldn't count on 7 out of 10 officers to know that.

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My trap gun doesn't fully fit into my softsided case. The butt sticks out a couple of inches. As a result, I can't zip it completely shut.

 

I transport it in the trunk like this.

 

Am I legal?

 

That depends. Best advise buy a case that fits and save yourself the BS from the PD.

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If you have your hand gun properly cased does it matter where it is located in the vehicle?

I have heard it cannot be accessible from the drivers seat which makes no sense.

 

If you're from IL no. If you're out of town yes. Put it in your trunk...use Federal guidelines for transport.

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If you have your hand gun properly cased does it matter where it is located in the vehicle?

I have heard it cannot be accessible from the drivers seat which makes no sense.

People v Diggins "Console is a Case". The Glovebox is too (in my opinion), but somebody here will try to argue against it. Your gun must not be loaded, but ammo can be in same case, whether in magazines or speed loaders or loose, it does not matter.
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no can do the county land and state parkes comes under 21-6 I beileve. Its illegal to have a gun on public sponsored property

 

There must be an exemption to this that allows cased transport. Roads, sidewalks, bridges, trails and paths are used to get from one place to another and most all of them are land supported by tax dollars. This one must be repealed.

 

Where has this ever been used? I know of one conviction but it was a handgun brought through court security. I know of no other.

People v Bruner, conviction overturned in Appeal. Court found purse to be a LEGAL Case in which to transport gun and ammo may be in same case. I transport that way everyday in Illinois. Not a Purse, you wise guy's but in a Camo Military Pouch. my Glock 26 and two 17 Rd. Mag.s just fine. I have walked right by LEO's and no problem. When I am wearing my work clothes it blends in even better. This idea of no Gun on public sponsored property is in regards to Police Stations , Courthouse, Etc. I hunted Deer in Shawnee National Forrest my whole life, thats public land!
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Bruner was the beginning. There were two more rule 23 cases back around 1999 coming out of Cook County / 1st District McDade was one I believe, guys out of Champaign and there was another one where guns were unloaded and in a case. convcited at trial overturned on appeal.

 

 

Then there ws the case in southern Illinois about the woman at the fair grounds. Up here you have had Horstman that won a 1983 suit against Dupage County. Then we have had Diggins and Holmes. While the glovebox has not been decided, the logical extension of both those cases is that a glovebox would meet the definition.

 

There was a case many years ago that a zippered gym bag did not meet the definition of a case, but since Diggins and Holmes, that seems to be dead law. The largest problem is, that in Cook, some cops will charge, no matter what and say let the judge sort it out.

 

You also have the fact that Chicago has a different transport law than the state.

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Bruner was the beginning. There were two more rule 23 cases back around 1999 coming out of Cook County / 1st District McDade was one I believe, guys out of Champaign and there was another one where guns were unloaded and in a case. convcited at trial overturned on appeal.

 

 

Then there ws the case in southern Illinois about the woman at the fair grounds. Up here you have had Horstman that won a 1983 suit against Dupage County. Then we have had Diggins and Holmes. While the glovebox has not been decided, the logical extension of both those cases is that a glovebox would meet the definition.

 

There was a case many years ago that a zippered gym bag did not meet the definition of a case, but since Diggins and Holmes, that seems to be dead law. The largest problem is, that in Cook, some cops will charge, no matter what and say let the judge sort it out.

 

You also have the fact that Chicago has a different transport law than the state.

 

The woman at the fairgrounds would be Vanna Haggerty at the Salem fairgrounds in 1999.

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Bruner was the beginning. There were two more rule 23 cases back around 1999 coming out of Cook County / 1st District McDade was one I believe, guys out of Champaign and there was another one where guns were unloaded and in a case. convcited at trial overturned on appeal.

 

 

Then there ws the case in southern Illinois about the woman at the fair grounds. Up here you have had Horstman that won a 1983 suit against Dupage County. Then we have had Diggins and Holmes. While the glovebox has not been decided, the logical extension of both those cases is that a glovebox would meet the definition.

 

There was a case many years ago that a zippered gym bag did not meet the definition of a case, but since Diggins and Holmes, that seems to be dead law. The largest problem is, that in Cook, some cops will charge, no matter what and say let the judge sort it out.

 

You also have the fact that Chicago has a different transport law than the state.

Yes, Chicago is Socialist held Territory, avoid or BOYCOTT CHICAGO! Cook County Sheriff Tom Dart is the only Sheriff in Illinois to not support CCW. Lake County Sheriff Mark Curran is a big CCW supporter and attended the illinoiscarry meeting in Buffalo Grove as a spokesman.
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  • 2 weeks later...
  • 3 weeks later...

I LOVE Wisconsin, Gun Transportation Law : "Anyone may have an uncased fully Loaded Gun in their Vehicle". Now, is that cool or what? Yes, anyone means YOU! usacarry.com is a great source for info.

From what I understand the only guns that you can have loaded in a vehicle with the engine running are long guns.

 

The law changes and open carry of handguns (without license) will be specifically allowed effective in November. There was no law specifically prohibiting open carry in motor vehicles but current case law in essence just redefined it as concealed, thus prohibited. So come November the legislature has corrected the bad president imposed by the courts.

 

As for long guns, I have not done any inquiry into that for WI.

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Does anyone have the moore v Madigan Hearing in written text? I remember a portion of the Hearing, where the State A.G. Attorney was being grilled by Judge Williams about there being no way for a Resident of Illinois can carry a Hand Gun. The Attorney stated something to the effect that you CAN transport a Firearm if it is unloaded. Essentially confirming Container Carry.
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Does anyone have the moore v Madigan Hearing in written text? I remember a portion of the Hearing, where the State A.G. Attorney was being grilled by Judge Williams about there being no way for a Resident of Illinois can carry a Hand Gun. The Attorney stated something to the effect that you CAN transport a Firearm if it is unloaded. Essentially confirming Container Carry.

 

Interesting. Something the AG couldn't argue with later if they are the ones that claimed this on the record in a trial.

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Does anyone have the moore v Madigan Hearing in written text? I remember a portion of the Hearing, where the State A.G. Attorney was being grilled by Judge Williams about there being no way for a Resident of Illinois can carry a Hand Gun. The Attorney stated something to the effect that you CAN transport a Firearm if it is unloaded. Essentially confirming Container Carry.

 

Interesting. Something the AG couldn't argue with later if they are the ones that claimed this on the record in a trial.

Yes, that is the point exactly. We need to get our hands on the Written Text of that Hearing! If you listen to the Audio, you can hear what I'm talking about.
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