Jump to content

Transporting Firearms in Illinois Further Detail's Needed


whatFss1

Recommended Posts

So i am aware of the three types of way to transport a firearm in Illinois.

firearm is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container. Firearms that are not immediately accessible or are broken down in a non-functioning state may also be carried or trans- ported.

 

My question is about the method of transportation not immediately accessible doesn't explain if it has to be unloaded or in a case. So in theory can one carry a trunk loaded gun since its out of reach? I always transported in cases and unloaded just to be safe.

Link to comment
Share on other sites

I'm not a lawyer, but pay close attention to the last sentence and the last word in it. IDNR has a different view of their statutes, but people - even instructors - have been reading words into this language that do not exist. "Or" is not "and":

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
(3) Carries on or about his person or in any vehicle,
a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
(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
Link to comment
Share on other sites

So can you have a empty magazine in the firearm or is that a no go?

 

If there is no magazine in the gun, it is easier to see the gun is not loaded, sorta, and it is faster to load should some life threatening emergency come up.

Before carry was legal in Illinois, some carry advocates wore fanny packs containing an unloaded gun and a fully charged magazine, both positioned for quick access. Six Seconds to Safety.

 

Fanny packs seem to be a fashion faux pas these days. It is difficult to find a good one. Once upon a time, they were available everywhere!

Link to comment
Share on other sites

Review of 5.11 Select Carry Pistol Pouch and Ka-Bar TDI

 

I have a firearm with me everywhere I go except a school, post office or courthouse. I have one pack with an unloaded Kahr CM9 and 2 loaded magazines (not in the firearm). If I have to somewhere that is posted, I place my primary firearm - holster and all, in the glove compartment and I put on the pack containing the CM9.

 

When I get back to the car I put my primary firearm, holster and all - back in my pocket.

 

The advantage to me of this system is that I am not unholstering / reholstering a firearm multiple times a day,

Link to comment
Share on other sites

Both packs have pull tabs, I use a pocket holster with both packs instead of just using the pack as a holster and I found with the CM9, it just kind of swings open but doesn't fall out.

 

It really works well.

 

This is a shot of what it looks like after yanking the pull tab - and I did YANK it, like I would in an emergency situation.

 

http://www.illinoiscarry.com/forum/uploads/monthly_03_2018/post-3474-0-84363700-1521909473.jpg

post-3474-0-84363700-1521909473_thumb.jpg

Link to comment
Share on other sites

I don't think there is case law for an instance where someone has had a loaded magazine in the magazine well but not filly inserted, I don't think there is any case law on that, and my own opinion is that the finer points of having a magazine "fully inserted" versus just sitting in the magazine well would probably be lost on most judges.

 

I would predict that most Illinois judges would consider a gun with a loaded magazine in the magwell as being "loaded" whether the magazine was fully inserted or only partially inserted, and I wouldn't want to be the person who ends up being the case law for something like that.

 

But I have wondered about it occasionally.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...