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Transport Your Firearm Legally in Illinois


Molly B.

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  • 3 weeks later...

People vs. Diggins case

 

http://www.idaillinois.org/cdm/ref/collection/edi/id/392817

 

I keep a copy in my center console with a few rounds of .40S&W taped to it, so if I'm ever arrested, it will likely end up in a evidence bag...

 

Smart that... taping the cartridges to the case law. :) I like it! Hard to say they were, "unaware" when the thing is tapped to ammo. ;)

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  • 3 weeks later...

I have seen buildings in Swansea where the No No sign is not posted on the main building entrances but individual offices have posted the 4'x6" no firearms sign. Specific occurrence .. in Swansea, Il office building that house the regional IL Attorney General Office has NOT posted a No No sign but Lisa Madigan's office within that building has. Kudos to the property's owner/management.

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  • 5 weeks later...

There is also Holmes, Docket No. 109130, which sites Diggins

 

The People v Holmes

 

Although it deals with a non-resident, it establishes that the compartment in a seat rest - like a center console is a case or other container under (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

 

Another interesting component of this case is that the state contended that Holmes' firearm was loaded. Judge Burke seemed to indicate that if the state cannot prove EVERY element of the UUW charge then the accused will not be convicted.

 

"Because the firearm was enclosed in a case, the State failed to prove every element of the offense of aggravated unlawful use of a weapon, as charged in Count 1, cannot stand"

 

 

I wouldn't bank on this ever, but my interpretation of what Justice Burke is saying is that in order to be convicted of UUW the loaded firearm could not be in a case or container by a person with no FOID or another way of looking at it is that a person wouldn't be convicted of UUW if they either 1) Had the firearm in a case, or 2) had a valid FOID, or 3) the firearm was unloaded.

 

Just an interesting aspect to the Holmes case.

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My gut tells me yes, but any informed opinions on whether something attached to the belt would quality as a "container" for transport purposes on public transportation, unloaded and with the loaded mag in another such "container," such as a belt mag clip with a snap cover?

 

So long as you can seal the belt container that would qualify as a case. Whether or not it is legal to carry it on public transportation hasn't been determined yet.

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My gut tells me yes, but any informed opinions on whether something attached to the belt would quality as a "container" for transport purposes on public transportation, unloaded and with the loaded mag in another such "container," such as a belt mag clip with a snap cover?

 

So long as you can seal the belt container that would qualify as a case. Whether or not it is legal to carry it on public transportation hasn't been determined yet.

 

Thanks. Which essentially means that it ISN'T legal for all practical purposes, until such time as some poor crash test dummy gets tossed about through the legal system, and ONE individual (judge) who may have strong leanings one way or the other will determine it ...until perhaps it reaches the three individual panel with similar leanings, and two of whom would be needed for a decision. It shouldn't be this way with this law. We are talking about law abiding, thoroughly background checked citizens who may get hung by a technicality. The very fact that "transport" on public transportation isn't expressly forbidden tells me that it is not forbidden, but that they will nevertheless drag some poor jerk or jerkette through heck and back while they try their damnedest to get a court to legislate a ban from the bench.

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  • 2 months later...

Hypothetical Situation: Ride Motorcycle with lockable trunk to prohibitied conceal carry place with full mag and one in the chamber and/or full wheel gun.

 

The way I read the law, it says one must unload "while in the vehicle" and then save haven to store in trunk.

 

So, in clear public view, one needs to eject mag, rack out a round, hope to catch it, and then safe haven store all without being seen (so as to not alert potential thief or non-2A worry wart). Then reverse the process when leaving.

 

Leaving loaded can be done quite easily, unloading in public is sorta conspicuous, doncha think?

 

Any thoughts, ideas on how to remain legal appreciated in advance.. Or, in this case, might it be legal to leave loaded while storing?

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Hypothetical Situation: Ride Motorcycle with lockable trunk to prohibitied conceal carry place with full mag and one in the chamber and/or full wheel gun.

 

The way I read the law, it says one must unload "while in the vehicle" and then save haven to store in trunk.

 

So, in clear public view, one needs to eject mag, rack out a round, hope to catch it, and then safe haven store all without being seen (so as to not alert potential thief or non-2A worry wart). Then reverse the process when leaving.

 

Leaving loaded can be done quite easily, unloading in public is sorta conspicuous, doncha think?

 

Any thoughts, ideas on how to remain legal appreciated in advance.. Or, in this case, might it be legal to leave loaded while storing?

Keep in mind that the requirement to unload before exiting the vehicle only applies if the parking area is also a prohibited location, not just the building that the parking area belongs to.

 

Example:

 

1. The prohibition for a school includes the buildings, real property, and parking areas. You would have to unload to exit the vehicle and put it in your trunk.

 

2. The prohibition for a courthouse does not include the real property or parking areas. You would not need to unload to put it in your trunk.

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Yep. I ride as well and have not figured this either. I can just imagine the unwanted attention I would receive while sitting on my motorcycle in the school parking lot either loading or unloading a handgun.

 

I don't see that ending well. Sooner or later I will have to disarm at a prohibited location in this fashion. I was kinda hoping someone else would have that all sorted out for the rest of us by then.

 

It will be interesting to say the least.

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When I can't carry my sidearm into a building, I take it out of the holster while in my truck. Place it in the center console -- yes loaded. Close console and exit the truck. lock truck and go on about my business.

 

why unload? why manipulate it more than you have to?

 

In @matter's hypothetical scenario, though, the CCL holder isn't actually "inside" a vehicle while riding a bike. Has he broken the law by stepping of the bike and removing his loaded firearm from a holster to store it, assuming the parking lot is a posted area?

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When I can't carry my sidearm into a building, I take it out of the holster while in my truck. Place it in the center console -- yes loaded. Close console and exit the truck. lock truck and go on about my business.

 

why unload? why manipulate it more than you have to?

 

In @matter's hypothetical scenario, though, the CCL holder isn't actually "inside" a vehicle while riding a bike. Has he broken the law by stepping of the bike and removing his loaded firearm from a holster to store it, assuming the parking lot is a posted area?

Who's to say he hasn't broken the law by being on his bike carrying into a parking lot in the first place?

 

Does does the safe harbor provision apply to motorcycles? Is being on a motorcycle legally being "within a vehicle"?

 

I haven't researched it, and I think it's been discussed before, but I'm curious.

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Looks like this topic has been discussed once or twice. :)

 

My advice, as with anything that doesn't have a clear answer: be discreet, don't draw attention to yourself, and minimize your risk whenever possible. Be willing to hire a lawyer and engage in a legal fight if you do catch someone's attention in the wrong way.

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Looks like this topic has been discussed once or twice. :)

 

My advice, as with anything that doesn't have a clear answer: be discreet, don't draw attention to yourself, and minimize your risk whenever possible. Be willing to hire a lawyer and engage in a legal fight if you do catch someone's attention in the wrong way.

 

 

That was actually the advice from our SA - just be discrete about it. Nobody is looking to jack you up. Unfortunately, no one thought to ask about the loaded or unloaded aspect when storing in a motorcycle...

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When I can't carry my sidearm into a building, I take it out of the holster while in my truck. Place it in the center console -- yes loaded. Close console and exit the truck. lock truck and go on about my business.

 

why unload? why manipulate it more than you have to?

 

Why unload? Law says I must if in prohibited parking area (such as a school).

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When I can't carry my sidearm into a building, I take it out of the holster while in my truck. Place it in the center console -- yes loaded. Close console and exit the truck. lock truck and go on about my business.

 

why unload? why manipulate it more than you have to?

 

 

 

Why unload? Law says I must if in prohibited parking area (such as a school).

I don't think the law says that. You must unload before exiting the vehicle in order to store it in the trunk, sure. However, you can put it loaded into your center console and lock the car - or - put it loaded into a locked box and leave your car unlocked if you prefer. Either way, it can remain loaded.

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I am copying this from RED BOLD my Emphasis..

 

"

A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.

"

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