What is the law here in IL regard open carry of a long gun?

[vito]

Wondering what IL law says about open carry of a long gun, rifle or shotgun. And if not banned by state law, is that right protected by preemption or can cities or counties pass their own laws regarding such open carry?

[Molly B.]

Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:

(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
(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

[Molly B.]

Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:

(10) Carries or possesses on or about his or her

 

person, upon any public street, alley, or other public lands within the corporate limits of a city, village, or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his or her 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) (10) 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
(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

[JTHunter]

Vito - as OC is NOT allowed in Illinois except when hunting, and no hunting is allowed inside city limits, very little of it can be done. And you had better have that hunting license on hand if you are OCing outside of city limits.

[2A4Cook]

Was that a serious question???

[ragsbo]

Vito - as OC is NOT allowed in Illinois except when hunting, and no hunting is allowed inside city limits, very little of it can be done. And you had better have that hunting license on hand if you are OCing outside of city limits.

You can open carry while on your own property and you do not have to have a hunting license.

[spanishjames]

 

Vito - as OC is NOT allowed in Illinois except when hunting, and no hunting is allowed inside city limits, very little of it can be done. And you had better have that hunting license on hand if you are OCing outside of city limits.

You can open carry while on your own property and you do not have to have a hunting license.

 

That's how I understand it as well. As long as you're on your own property, someone else's property with their permission, your place of business, you can open carry.

[mab22]

I’m sure a good time will be had by anyone OC or with a shotgun on a sling, or both while mowing your lawn.
Technically it’s legal but I am willing to bet there will be tons of flashings lights in the area.

[Smallbore]

Local ordinance will control open carry. Be knowledgeable.

 

The original post is about long guns. Might be interesting to start a new topic about the legality of Illinois CCL holders open carrying on their property in communities that forbid it by ordinances.

[Bitter Clinger]

Are there any that forbid it by ordinance?

Serious question, since I don't know of any off the top of my head.

 

My town and others near me "allow" open carry.

 

It seems to me that by definition, an ordinance itself wouldn't be enough to allow for an infringement on a constitutional right.

[LukeZ]

There are AR15 pistols being sold(with arm braces) that BATF still classifies as a pistol. If you have a CCW license can these be carried (concealed) and can a loaded one be kept in your vehicle loaded?

[2A4Cook]

There are AR15 pistols being sold(with arm braces) that BATF still classifies as a pistol. If you have a CCW license can these be carried (concealed) and can a loaded one be kept in your vehicle loaded?

Technically, yes, but I wouldn't trust an overzealous and uninformed LEO and/or prosecutor to recognize the distinction. Not worth the risk. Remember, in Illinois, the U.S. Constitution is printed on Charmin!

[InterestedBystander]

 

There are AR15 pistols being sold(with arm braces) that BATF still classifies as a pistol. If you have a CCW license can these be carried (concealed) and can a loaded one be kept in your vehicle loaded?

 

Technically, yes, but I wouldn't trust an overzealous and uninformed LEO and/or prosecutor to recognize the distinction. Not worth the risk. Remember, in Illinois, the U.S. Constitution is printed on Charmin!

IIRC, shortly after CCL was enacted, a person in downstate IL with concealed AR pistol in rear floorboard got charged and pistol confiscated. Todd was still NRA liaison at the time and had to become involved to get it straightened out.

 

http://illinoiscarry.com/forum/index.php?showtopic=50892

[2A4Cook]

 

 

There are AR15 pistols being sold(with arm braces) that BATF still classifies as a pistol. If you have a CCW license can these be carried (concealed) and can a loaded one be kept in your vehicle loaded?

Technically, yes, but I wouldn't trust an overzealous and uninformed LEO and/or prosecutor to recognize the distinction. Not worth the risk. Remember, in Illinois, the U.S. Constitution is printed on Charmin!

IIRC, shortly after CCL was enacted, a person in downstate IL with concealed AR pistol in rear floorboard got charged and pistol confiscated. Todd was still NRA liaison at the time and had to become involved to get it straightened out.

 

http://illinoiscarry.com/forum/index.php?showtopic=50892

 

OMG, I remember that one. Poor guy!

[papa]

 

There are AR15 pistols being sold(with arm braces) that BATF still classifies as a pistol. If you have a CCW license can these be carried (concealed) and can a loaded one be kept in your vehicle loaded?

Technically, yes, but I wouldn't trust an overzealous and uninformed LEO and/or prosecutor to recognize the distinction. Not worth the risk. Remember, in Illinois, the U.S. Constitution is printed on Charmin!

 

 

All a person would have to do is cover it with a towel or a folded light blanket. If they can't see it from outside the car they can't make an arrest for it even if they don't know it is legal. Also , never consent to a search.

[ragsbo]

I’m sure a good time will be had by anyone OC or with a shotgun on a sling, or both while mowing your lawn.

Technically it’s legal but I am willing to bet there will be tons of flashings lights in the area.

Around here no one would give it a second look, except maybe to talk about what kind of gun it was and how do you like it.

[rmart]

 

Vito - as OC is NOT allowed in Illinois except when hunting, and no hunting is allowed inside city limits, very little of it can be done. And you had better have that hunting license on hand if you are OCing outside of city limits.

You can open carry while on your own property and you do not have to have a hunting license.

 

 

While this is technically true I have been advised in the way past that doing so could net you a charge of disorderly conduct or disturbing the peace if a neighbor or other person sees it and calls it in. Enough complaints it could cause that kind of trouble.

 

Also, what about nervous or trigger-happy cops who may mis-interpret a motion you make as an attempt to bring the firearm into a threatening posture? Remember the story of that kid down south that was carrying an airsoft or BB/pellet rifle and was approached from behind by the police? The police stopped their car and ordered the kid to drop his weapon and the kid supposedly turned around to see what was going on and they filled him full of lead. This was a few years ago and I might be fuzzy on the details but that's how I remember hearing the story.

 

Legal or not, right or not, there are other factors to consider.

[Euler]

... Remember the story of that kid down south that was carrying an airsoft or BB/pellet rifle and was approached from behind by the police? The police stopped their car and ordered the kid to drop his weapon and the kid supposedly turned around to see what was going on and they filled him full of lead. This was a few years ago and I might be fuzzy on the details but that's how I remember hearing the story.

...

I can recall two stories similar to the one you remember.

 

One was a case where several children with airsoft guns broke into an unoccupied house. A neighbor called the cops. One kid emerged with an airsoft gun as the cops arrived. Etc. The kid died. I can't find a link to any info on it now. I'm pretty sure there is a thread on it here somewhere, too.

 

The other is Tamir Rice, which took place in a city park/playground. You can find links on it everywhere, since it's a BLM rally cry.

[Bo69]

Only gangsters have no laws.

[JTHunter]

Vito - as OC is NOT allowed in Illinois except when hunting, and no hunting is allowed inside city limits, very little of it can be done. And you had better have that hunting license on hand if you are OCing outside of city limits.

You can open carry while on your own property and you do not have to have a hunting license.

That's how I understand it as well. As long as you're on your own property, someone else's property with their permission, your place of business, you can open carry.

That is correct but you WILL be "visited".

Several years ago, while cleaning a rifle, shotgun, and handgun in my carport, somebody called on me. When the cop pulled up in my driveway and got out of his cruiser, before he said anything to me, he spoke into the microphone on his shoulder and said "Disregard." in reply to something the dispatcher had said to him. He saw that I was sitting on the concrete floor with the chemicals and guns spread out around me. I did have to get up and show him my FOID but that was enough to satisfy him.

While I do live in a subdivision, it is outside of city limits.

Even on your own property, you aren't immune from having some "Karen" give you grief.

[ragsbo]

This thread went down the bunny trail real quick. The question was is it legal to open carry on your own property. The answer is yes. Now all the other things that you all brought out are important and need to be considered but does not change the answer to the question.

As with most all scenarios your actions should be dictated by circumstances and common sense. As I said, around here, someone walking around their land with a gun is no big deal and would not draw any attention. We know our neighbors and know what is what. If that person is not known= then there will be some actions taken to see why they are where they ain't supposed to be.

 

Use your head and know your location and you should not have problems.

[MRE]

This thread went down the bunny trail real quick. The question was is it legal to open carry on your own property. The answer is yes. Now all the other things that you all brought out are important and need to be considered but does not change the answer to the question.

As with most all scenarios your actions should be dictated by circumstances and common sense. As I said, around here, someone walking around their land with a gun is no big deal and would not draw any attention. We know our neighbors and know what is what. If that person is not known= then there will be some actions taken to see why they are where they ain't supposed to be.

 

Use your head and know your location and you should not have problems.

The question was

 

 

“Wondering what IL law says about open carry of a long gun, rifle or shotgun. And if not banned by state law, is that right protected by preemption or can cities or counties pass their own laws regarding such open carry?”

 

That’s not just “on your own property”, which I think makes the general responses appropriate.

[Bubbacs]

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