Open Carry While Fishing/hunting/trapping

[cobcob]

I attended a Hunters Safety Education course in Belvidere over the past 2 weekends, a guy at the course mentioned that he had found an allowance in the Illinois Law to Open Carry while Hunting, Fishing, or Trapping. I've done a search online today and haven't come across it anywhere wondering if anyone else had heard of this at all?

 

-=-Dave-=-

[SmershAgent]

I went to a similar class in March. My main motive for attending was to meet the membership requirements of a local range, so I didn't pay scrupulous attention to the details about hunting. I believe, however, that during the handgun deer season (sometime in Jan.), you can carry a holstered sidearm as long as you're on the actual hunting grounds.

[cobcob]

That's what I knew also, however the guy mentioned that the laws were recently updated and now allowed for open carry whenever hunting, fishing or trapping... This intrigued me because it seemed very "Un-Illinois"...

[GlockShooter]

While hunting with a firearm, it's virtually impossible not to open carry. You have to carry the gun around, right? I would assume the law in question is just a CYA measure to make this possible.

[cobcob]

Yeah, I understand the part relating to hunting, but he said that he had printed off info that stated it was OK to carry a sidearm while fishing and trapping also... This is the part that I am specifically interested in... Anyone know of a website where I could find these laws? Il.dnr site sucks...

[Blaster]

I have been looking at IDNR trying to find something. I know if you are on your own property that you can open carry.

 

But IDNR says: Hunters are reminded that all firearms, including handguns, should remain unloaded and in a case while being transported in any type of vehicle.

 

Maybe we have found a loophole that allows open carry during Handgun deer season.

[clark]

i know it's unrealistic to expect any coyotes or what small cats we may have in illinois to attack, but when i get deep in woods - not a small lot or private property, but for example if anyone's ever fought through some of the rougher terrain of pyramid state park's main unit - i'm much more comfortable when i have a firearm, even if it can only be a shotgun with birdshot. carrying around people is one thing, but in the brush it's unjustifiable to say that a person who's passed hunter's safety and had a good record so far shouldn't be allowed to carry something.

[soundguy]

Sorry for this long note - the following is from "(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1); Sec. 24‑1. Unlawful Use of Weapons."

 

The hunter/trapper/fisherman exclusion appears in section 2, and is pasted below first, out of order.

 

I don't think I would carry while bass fishing in the deep channel of the Chicago River even after reading the entire document, and verifying it with many experts.

 

Tim

 

<<<

Sec. 24‑2. Exemptions.

 

( Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:

 

(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or

permit while engaged in hunting, trapping or fishing.

 

<<<

 

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 or fixed place of business 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, ...

 

 

10) Carries or possesses on or about his 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 own abode or fixed place of business, 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; ...

 

(720 ILCS 5/24‑1.6)

Sec. 24‑1.6. Aggravated unlawful use of a weapon.

(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:

(1) Carries on or about his or her person or in any

 

vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or

(2) 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 or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:

(A) the firearm possessed was uncased, loaded

 

and immediately accessible at the time of the offense; or

( the firearm possessed was uncased, unloaded

 

and the ammunition for the weapon was immediately accessible at the time of the offense; or

© the person possessing the firearm has not

 

been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was

 

previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged

 

in a misdemeanor violation of the Cannabis Control Act or in a misdemeanor violation of the Illinois Controlled Substances Act; or

(F) the person possessing the weapon is a member

 

of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or

(G) the person possessing the weapon had a order

 

of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged

 

in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under

 

21 years of age and in possession of a handgun as defined in Section 24‑3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24‑2((1), ((3), or 24‑2(f).

( "Stun gun or taser" as used in this Section has the same definition given to it in Section 24‑1 of this Code.

© This Section does not apply to or affect the transportation or possession of weapons that:

(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.

(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F‑1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.

(Source: P.A. 93‑906, eff. 8‑11‑04.)

 

end>>>

[soundguy]

Yikes - emoticons appeared in place of the letter "b" when followed by ")" in the note above. I learned how to fix it and now can't delete this explanatory note.

 

Tim

 

[cobcob]

Thanks Soundguy, I think that's what he was referring to!

 

Cheers mate!

 

-=-cobcob-=-

[Ol'Coach]

I'm told that during the deer firearms season, it's not advisable to carry any handgun that wouldn't be legal in handgun season and not advisable to carry any handgun during black powder or bow seasons, either deer or turkey. Reason given is, it would be viewed the same as claiming to be coyote hunting with a .243 cal rifle during deer season.

 

Any deer season would not be a good time to be carrying a 1911 or a 2 1/2" Colt Python (or my avatar, a Ruger Alaskan in .454 Casull/w 2 1/2" barrell.)

 

Here's the link: handgun hunting in IL

[clark]

i thought i read somewhere that you're prohibited to carry a firearm that you're not using to take your game except on your own property while hunting. maybe it was WI though... dunno.

[cobcob]

<<<

Sec. 24‑2.  Exemptions.

 

( B ) Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:

 

        (1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

        (2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

        (3) Hunters, trappers or fishermen with a license or 

permit while engaged in hunting, trapping or fishing.

 

<<<

I was thinking about this one and it's still open for interpretation. I'm not certain what "License" it is refering to, Presumably a Hunting, Fishing or Trapping license but I'm not 100% on that.

 

-=-cobcob-=-