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Lets see what happens now. . .


Tvandermyde

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I recieved a call from Valinda earlier thei week about a person who was arrested and charged with a misdemeanor UUW for having a cased handgun in the trunk of a vehicle.

 

I willbe going by the cop shop in South Elgin to speak witht he Chief and drop off a freedom of information act request for certain documents and recordings. If the gun was where the individual said it was, then a video from a dash cam should show that and case closed -- pun intended.

 

then on to the next step which may include a 1983 action.

 

we'll see how they treat me, considering I will have the statute and a copy of Diggins and Holmes with me. Oh and a lawyer on speed dial

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Cased in the trunk?? So much for LEO's knowing the law.

 

Unfortunately, it will take some of these cases being won before LE agencies decide that it's important to teach thier officers what the law really is. Rather than going by what they were taught by some gnarly old instructor at the academy that thinks only cops should have guns.

 

According to the statute, wouldn't make any difference if it's unloaded. Being in the trunk would qualify as "not immediately accessible", one of the "or" qualifiers".

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Cased in the trunk?? So much for LEO's knowing the law.

 

Unfortunately, it will take some of these cases being won before LE agencies decide that it's important to teach thier officers what the law really is. Rather than going by what they were taught by some gnarly old instructor at the academy that thinks only cops should have guns.

 

According to the statute, wouldn't make any difference if it's unloaded. Being in the trunk would qualify as "not immediately accessible", one of the "or" qualifiers".

so your saying that having a loaded gun in a case in your trunk is not illegal in Illinois?
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We also don't know if they had a valid FOID.

 

I am assuming there are some things we don't yet know about this case - like "Did the driver have a valid FOID" and "was the cased weapon unloaded". I guess that's why Todd will submit a FOIA.

 

There's always three sides to every story, the officer's, the accused, and the fly on the wall...

 

 

 

If you have a valid FOID and a cased firearm in your trunk, does a LEO even have probable cause to open the case to check if it's unloaded???

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Cased in the trunk?? So much for LEO's knowing the law.

 

Unfortunately, it will take some of these cases being won before LE agencies decide that it's important to teach thier officers what the law really is. Rather than going by what they were taught by some gnarly old instructor at the academy that thinks only cops should have guns.

 

According to the statute, wouldn't make any difference if it's unloaded. Being in the trunk would qualify as "not immediately accessible", one of the "or" qualifiers".

so your saying that having a loaded gun in a case in your trunk is not illegal in Illinois?

 

No, the statute says it. Read it. And I believe that the trunk has been shown in previous court cases to qualify as "not immediately accessible". Perhaps someone can furnish the case number.

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We also don't know if they had a valid FOID.

 

I am assuming there are some things we don't yet know about this case - like "Did the driver have a valid FOID" and "was the cased weapon unloaded". I guess that's why Todd will submit a FOIA.

 

There's always three sides to every story, the officer's, the accused, and the fly on the wall...

 

 

 

If you have a valid FOID and a cased firearm in your trunk, does a LEO even have probable cause to open the case to check if it's unloaded???

 

Barring any other reasons, does he have PC to even look in the trunk??

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I generally look down on those bozos who walk around videotaping police all the time, especially the guys OCing MP5 replicas and stupid provocative $*%# like that. But this seems to be one of those cases where it would be beneficial to ave video.

 

Sometimes those activists with the cameras actually exhonerate the officer and incriminate themselves...

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My next million dollar idea is a dash cam, just for regular cars. Intregal to the vehicle, and it captures video inside the passenger compartment toward the driver's side.

 

I am going to pitch it to GM, Ford, Toyota, Honda...

Last year I attended a Cadillac CTS-V driving event. The cars were wired with multiple mini-cams. Within two weeks they sent you a link to view your own driving session. The split screen views were: forward view, view of driver and instructor with audio, rear view I think, a GPS of the car lapping the circuit, and a gauge cluster view. A pretty neat marketing idea, and probably tied in with the OnStar platform.

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Before the flaming starts - I totally support LEOs, heck my brother is one, and I flirted with the idea of being one, but I think recording is a good thing. It gives an impartial factual account of what happened. I am not saying you should exasperate the officer, but just have a recording device to capture all that is said and done seems like a good idea.

 

Anywho....let's see what details come out.

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Cased in the trunk?? So much for LEO's knowing the law.

 

Unfortunately, it will take some of these cases being won before LE agencies decide that it's important to teach thier officers what the law really is. Rather than going by what they were taught by some gnarly old instructor at the academy that thinks only cops should have guns.

 

According to the statute, wouldn't make any difference if it's unloaded. Being in the trunk would qualify as "not immediately accessible", one of the "or" qualifiers".

 

That was my exact same thought. Actually I don't believe it would have to be in a case either. As you said, one of the "OR" qualifiers.

 

It never ceases to amaze me that some law enforcement officers don't know what is in the statutes that they are suppose to enforce. And (BUD) I do say this will no ill intent. I have alot of friends that are LEO's and we have had long talks about the law in regards to carrying and transporting and it is nice to help educate them.

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Cased in the trunk?? So much for LEO's knowing the law.

 

Unfortunately, it will take some of these cases being won before LE agencies decide that it's important to teach thier officers what the law really is. Rather than going by what they were taught by some gnarly old instructor at the academy that thinks only cops should have guns.

 

According to the statute, wouldn't make any difference if it's unloaded. Being in the trunk would qualify as "not immediately accessible", one of the "or" qualifiers".

so your saying that having a loaded gun in a case in your trunk is not illegal in Illinois?

 

No, the statute says it. Read it. And I believe that the trunk has been shown in previous court cases to qualify as "not immediately accessible". Perhaps someone can furnish the case number.

yea i'm not getting this cause the way i read the law you can not have a loaded gun in a case any where in the car. it has to be unloaded when transporting a firearm but the shells can be in the case with the firearm but not loaded that's why i think they gave him a UUW.IMO
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We also don't know if they had a valid FOID. I am assuming there are some things we don't yet know about this case - like "Did the driver have a valid FOID" and "was the cased weapon unloaded". I guess that's why Todd will submit a FOIA. There's always three sides to every story, the officer's, the accused, and the fly on the wall... If you have a valid FOID and a cased firearm in your trunk, does a LEO even have probable cause to open the case to check if it's unloaded???
Barring any other reasons, does he have PC to even look in the trunk??

 

Depends......for all we know at this point, the guy gave consent for a search. If it was in a case in the trunk, he probably felt that he didnt have anything to worry about.

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If you read the ILCS Article 720 5/24 (4) it states that there are three ways in which to transport your firearm.

 

1. are broken down in a non-functioning state;

OR

2. are not immediately accessible;

OR

3. 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 FOID card.

 

What that tells me that if his firearm was not immediately accessible, then the condition it is in when being transported is a moot point. ie., it does not have to be in a case and it does not have to be unloaded.

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Before the flaming starts - I totally support LEOs, heck my brother is one, and I flirted with the idea of being one, but I think recording is a good thing. It gives an impartial factual account of what happened. I am not saying you should exasperate the officer, but just have a recording device to capture all that is said and done seems like a good idea.

 

Anywho....let's see what details come out.

 

If they have nothing to hide, they have nothing to fear. ( by being recorded )

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no i'm saying if it was loaded in a case in the trunk thats why they gave him a UUW.

 

It says: "meet one of the following conditions:" then goes on to separate those conditions witht the word "or". What's not to understand??

 

 

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

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If you read the ILCS Article 720 5/24 (4) it states that there are three ways in which to transport your firearm.

 

1. are broken down in a non-functioning state;

OR

2. are not immediately accessible;

OR

3. 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 FOID card.

 

What that tells me that if his firearm was not immediately accessible, then the condition it is in when being transported is a moot point. ie., it does not have to be in a case and it does not have to be unloaded.

 

Nor does it state in your snippet that he needs a FOID card if its not immediately accessible

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