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Driving through Chicago with firearm


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#1 Glock19

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Posted 21 October 2009 - 07:18 PM

Im going to be driving to Indiana and will be carrying there but im going to be making a stop and picking up a friend in the city. Can I do that legally? The firearm wont be holstered obviously, it will be in the truck in a case unloaded. :frantics:

#2 xbaltzx

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Posted 21 October 2009 - 10:56 PM

My understanding is as long as your final destination of travel is Indiana you should have no problems. Do you plan on an extended stay at your buddy's? If so that might be a problem. Otherwise for me a quick stop would be nothing out of the ordinary. I am sure someone else would have a better take on the situation.

#3 FST_Kent

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Posted 22 October 2009 - 05:52 AM

You can pass through, but now you're making a stop.

#4 Xwing

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Posted 22 October 2009 - 07:03 AM

Since your destination is Indiana, you fall under the laws for Interstate transportation of firearms.

Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess it to any other place where he may lawfully possess such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, like gasoline and rest, seem permissible.

The City of Chicago requires all firearms possessed in the city to be registered. Handguns not previously registered in Chicago cannot be registered. Oak Park, Evanston, Morton Grove, Highland Park, Wilmette, and Winnetka prohibit the possession of a handgun. Firearms may be transported under the general rule through Chicago for a lawful recreational firearm-related activity.

http://www.nraila.or...ead.aspx?id=59#

The main question is whether your stopping to pick up a friend is a "necessary" stop. You'd probably need a good attorney to answer that question.

§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

http://www.atf.gov/p...plo_pub/gca.htm

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#5 Federal Farmer

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Posted 22 October 2009 - 08:00 AM

Even by Chicago ordinance you are within the law making a stop.

I would not try this, but I think you could even win if you were a resident, transporting a non-chicago legal firearm from someplace outside Chicago to some other place outside Chicago all the while passing through Chicago, even if you stopped at your home in Chicago to stay the night. I would not try this because you might have to spend court time vindicating yourself.

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#6 Yas

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Posted 22 October 2009 - 08:01 AM

http://www.isp.state.../docs/1-154.pdf

You should Print and carry copy. This is the latest version of how to transport legally by the Illinois state police. They were handing them out at the Chicago auto show this last winter.

#7 asfried1

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Posted 22 October 2009 - 08:10 AM

All the nuances aside, drive the speed limit and be polite if you get pulled over for a traffic stop. Put the case in the back of the truck under luggage, blankets, etc. Don't rob a liquor store. You should be fine.

#8 kurt555gs

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Posted 24 October 2009 - 08:15 AM

If you enter Cook County, and you are legally transporting your weapon:

(Chicago rules for non residents)

Unloaded and in a case.
Broken down or out of reach.

You may still be in trouble because of the Cook County Assault Weapons Ban that makes it illegal to posses magazines capable of holding more than 10 rounds of ammo.

Be carefull in Cook County.
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#9 Sigma

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Posted 24 October 2009 - 08:57 AM

If you enter Cook County, and you are legally transporting your weapon:

(Chicago rules for non residents)

Unloaded and in a case.
Broken down or out of reach.

You may still be in trouble because of the Cook County Assault Weapons Ban that makes it illegal to posses magazines capable of holding more than 10 rounds of ammo.

Be carefull in Cook County.


Is that stupid ban still in effect? I'm confused because gunshops in cook county such as midwestguns and suburban guns will sell you a semi-auto that has magazines with more than 10 rounds. If it was banned and these shos ar lcated n cook county they would be in big trouble right?
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#10 MWG321

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Posted 25 October 2009 - 12:42 AM

If you enter Cook County, and you are legally transporting your weapon:

(Chicago rules for non residents)

Unloaded and in a case.
Broken down or out of reach.

You may still be in trouble because of the Cook County Assault Weapons Ban that makes it illegal to posses magazines capable of holding more than 10 rounds of ammo.

Be carefull in Cook County.


Is that stupid ban still in effect? I'm confused because gunshops in cook county such as midwestguns and suburban guns will sell you a semi-auto that has magazines with more than 10 rounds. If it was banned and these shos ar lcated n cook county they would be in big trouble right?


Midwest is in Lyons, from which one of the salespeople there told me is exempt, possibly under home rule(if I said that correctly?)

#11 cowboyflyfisher

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Posted 02 November 2009 - 02:17 PM

If you enter Cook County, and you are legally transporting your weapon:

(Chicago rules for non residents)

Unloaded and in a case.
Broken down or out of reach.

You may still be in trouble because of the Cook County Assault Weapons Ban that makes it illegal to posses magazines capable of holding more than 10 rounds of ammo.

Be carefull in Cook County.


Transportation regarding "assault weapons" through Cook County. Of course, you'd probably be the first person to ever be charged under the ban if you were, but still, here's what the ban says regarding transportation:
(32) transportation of assault weapons or large capacity magazine if such weapons are broken down and in a non-functioning state and are not immediately accessible to any person.

I emphasized the ANDs in there because you'd have to meet all the requirements.
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#12 drdoom

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Posted 02 November 2009 - 04:48 PM

That's what I love about homerule, I can own as many high-caps as I please and as many black rifles as my wallet can handle :frantics:

#13 bob

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Posted 02 November 2009 - 05:12 PM

I think the real answer may well be that your first destination is inside Chicago, and you cannot legally have the gun there. Therefore FOPA may not protect you. In fact, i would bet it does not. You have to be legal at both ends of the trip, and your stop in Chicago, you are not legal.

***
(a) All firearms in the City of Chicago shall be registered in accordance with the provisions of this chapter. It shall be the duty of a person owning or possessing a firearm to cause such firearm to be registered. No person shall within the City of Chicago, possess, harbor, have under his control, transfer, offer for sale, sell, give, deliver, or accept any firearm unless such person is the holder of a valid registration certificate for such firearm. No person shall, within the City of Chicago, possess, harbor, have under his control, transfer, offer for sale, sell, give, deliver, or accept any firearm which is unregisterable under the provisions of this chapter.
(:frantics: This section shall not apply to:
***
(5) Any nonresident of the City of Chicago participating in any lawful recreational firearm-related activity in the city, or on his way to or from such activity in another jurisdiction; provided, that such weapon shall be unloaded and securely wrapped and that his possession or control of such firearm is lawful in the jurisdiction in which he resides;


You could argue you are a non-resident going to a lawful recreational firearm related activity which would appear to cover just passing thorugh, however stopping to pickup your buddy makes it a tough call.

Chicago has its own assault weapon ban that might come into play as well.
bob

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The opinions expressed by this poster do not reflect the official stance of Illinois Carry. Apparently there was some confusion on the part of at least one person that it does, and I want to make things clear that my opinion is my own and that whatever the official stance of IC is or is not at present, it may or may not reflect my own opinion.

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#14 lockman

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Posted 02 November 2009 - 05:26 PM

I think the real answer may well be that your first destination is inside Chicago, and you cannot legally have the gun there. Therefore FOPA may not protect you. In fact, i would bet it does not. You have to be legal at both ends of the trip, and your stop in Chicago, you are not legal.

***
(a) All firearms in the City of Chicago shall be registered in accordance with the provisions of this chapter. It shall be the duty of a person owning or possessing a firearm to cause such firearm to be registered. No person shall within the City of Chicago, possess, harbor, have under his control, transfer, offer for sale, sell, give, deliver, or accept any firearm unless such person is the holder of a valid registration certificate for such firearm. No person shall, within the City of Chicago, possess, harbor, have under his control, transfer, offer for sale, sell, give, deliver, or accept any firearm which is unregisterable under the provisions of this chapter.
(:frantics: This section shall not apply to:
***
(5) Any nonresident of the City of Chicago participating in any lawful recreational firearm-related activity in the city, or on his way to or from such activity in another jurisdiction; provided, that such weapon shall be unloaded and securely wrapped and that his possession or control of such firearm is lawful in the jurisdiction in which he resides;


You could argue you are a non-resident going to a lawful recreational firearm related activity which would appear to cover just passing thorugh, however stopping to pickup your buddy makes it a tough call.

Chicago has its own assault weapon ban that might come into play as well.


Recreational? Chicago does not even recognize transporting a firearm to use for lawful defense even in jurisdictions where it is lawful to do so unless your going to recreate with it!

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#15 bob

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Posted 03 November 2009 - 08:49 AM

Recreational? Chicago does not even recognize transporting a firearm to use for lawful defense even in jurisdictions where it is lawful to do so unless your going to recreate with it!

I only quote what their ordinance says.
bob

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The opinions expressed by this poster do not reflect the official stance of Illinois Carry. Apparently there was some confusion on the part of at least one person that it does, and I want to make things clear that my opinion is my own and that whatever the official stance of IC is or is not at present, it may or may not reflect my own opinion.

http://ilbob.blogspot.com/

#16 Birdmang

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Posted 03 November 2009 - 09:15 AM

I would take the firearm apart, put the bolt in a different bag, put a lock on it, lock it in the case, put magazines/ammo elsewhere...

No reasons to not make the gun look more unaccessible.

#17 GarandFan

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Posted 04 November 2009 - 06:42 PM

Midwest is in Lyons, from which one of the salespeople there told me is exempt, possibly under home rule(if I said that correctly?)


Yes, that is what they claim ... they are exempted in Lyons. But they don't fully believe it ... because they don't display ARs, AKs, or other similar firearms. Hardly even SKSs. So they claim to be exempt, but obviously either don't believe it fully, or don't want to make it an issue. The one and only time I was in a Cook shop where I saw ARs and AKs was Riggio's shop (Chucks Gun Shop) in Riverdale. He obviously believed he was exempt, and he gets more scrutiny than most. Ever hear of Riggio being arrested for unlawful possession of "assault weapons?" Even given the Blair Holt Assault Weapons ban? Nope.

I don't think it would be imprudent to just transport firearms through Chicago and not worry about it. I know lots of people who do, and have done it for years ... pistols with full cap mags, ARs, AKs, M1As, etc. You don't hear of people being charged under Cooks ban, do you? Nope.

I think if Daley read this thread, he would be happy as heck knowing his people would never prosecute us if we weren't committing a crime, but knowing also that we are worried sick about complying with his silly, symbolic and onerous laws.

Just follow state law and quite worrying so much about all this stuff. Life is just WAY to short for it.
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#18 Howard Roark

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Posted 05 November 2009 - 01:41 AM

Im going to be driving to Indiana and will be carrying there but im going to be making a stop and picking up a friend in the city. Can I do that legally? The firearm wont be holstered obviously, it will be in the truck in a case unloaded. :D



Cops in Chicago and inner ring suburbs have orders to F with you, and that is what they must do. Forget the Second Amendment. Forget Heller. Forget McDonald. None of that legalese matters if you get stopped in Chicago or Cook County. My advice is do not F with the Chicago or Cook County police because they will hit you like like you are an alien terrorist invader, not like you are a citizen with liberty. Do not keep and bear arms in Chicago. Put your guns in your car trunk. Chicago does not want you to be able to defend your self. Better to keep them happy until 2nd Amendment rights are restored in Chicago/IL/USA. .... There are good cops who understand the 2nd Amendment... but few in Chicago.

Sorry, my silly view. All the best.

HR
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#19 richp

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Posted 05 November 2009 - 06:51 AM

Hi Howard,

Sorry, but I think you paint with a bit too broad a brush in that last post.

Yes, there are a number of ways in which our rights are being seriously curtailed in Chicago and Cook County. But there are lots of LE officers in those jurisdictions who who think the way we do, and I think it's unfair to slam them when it's policy-level folks who really are the problem.

My best example is the consistent support for Second Amendment rights found in the Second City Cop blog -- a fine piece of work by one or more Chicago POs. When SA supportive posts appear there, there almost always is overwhelming positive response by other POs.

FWIW.

Rich Phillips