Atpeace Posted August 28, 2012 at 02:13 AM Share Posted August 28, 2012 at 02:13 AM If you have your hand gun properly cased does it matter where it is located in the vehicle?I have heard it cannot be accessible from the drivers seat which makes no sense. Link to comment Share on other sites More sharing options...
abolt243 Posted August 28, 2012 at 03:34 AM Share Posted August 28, 2012 at 03:34 AM If you have your hand gun properly cased does it matter where it is located in the vehicle?I have heard it cannot be accessible from the drivers seat which makes no sense. A common misconception, sometimes quoted by LEO's. The law does not specify a location or mandate any such thing as "Inaccessible from (driver's seat, passenger compartment or anyplace else in the vehicle). Unloaded, in a case is all it says. And a center console (front seat or back seat) has been upheld by the Supreme Court of Illinois as a case as defined by the statutes. Link to comment Share on other sites More sharing options...
Molly B. Posted August 28, 2012 at 04:26 AM Author Share Posted August 28, 2012 at 04:26 AM Except the brochure states that for out-of-state travelers the cased, unloaded firearm needs to be inaccessible. Non-residents must be legally eligible to possessor acquire firearms and ammunition in their state ofresidence. It is recommended that in order to be incompliance with all statutes, non-residents transportall firearms:1. Unloaded, and2. Enclosed in a case, and3. Not immediately accessible or broken down in anonfunctioning state. Link to comment Share on other sites More sharing options...
Howard Roark Posted August 28, 2012 at 04:57 AM Share Posted August 28, 2012 at 04:57 AM Except the brochure states that for out-of-state travelers the cased, unloaded firearm needs to be inaccessible. Non-residents must be legally eligible to possessor acquire firearms and ammunition in their state ofresidence. It is recommended that in order to be incompliance with all statutes, non-residents transportall firearms:1. Unloaded, and2. Enclosed in a case, and3. Not immediately accessible or broken down in anonfunctioning state. Wonder why? Maybe out-of-state-ers are even more scary than Illinoisans, since they all come from right-to-carry states if their home state borders Illinois. Silliness of Illinois gun laws never ends, does it? Link to comment Share on other sites More sharing options...
Jeckler Posted August 28, 2012 at 10:58 AM Share Posted August 28, 2012 at 10:58 AM My trap gun doesn't fully fit into my softsided case. The butt sticks out a couple of inches. As a result, I can't zip it completely shut. I transport it in the trunk like this. Am I legal? Link to comment Share on other sites More sharing options...
lockman Posted August 28, 2012 at 11:22 AM Share Posted August 28, 2012 at 11:22 AM Except the brochure states that for out-of-state travelers the cased, unloaded firearm needs to be inaccessible. Non-residents must be legally eligible to possessor acquire firearms and ammunition in their state ofresidence. It is recommended that in order to be incompliance with all statutes, non-residents transportall firearms:1. Unloaded, and2. Enclosed in a case, and3. Not immediately accessible or broken down in anonfunctioning state. The Illinois Supreme Court in State vs Holmes overturned the additional restrictions for non-residents. Out of staters are now held to the same transport restrictions as Illinois residents. The state police are slow to change. Link to comment Share on other sites More sharing options...
Drylok Posted August 28, 2012 at 11:27 AM Share Posted August 28, 2012 at 11:27 AM My trap gun doesn't fully fit into my softsided case. The butt sticks out a couple of inches. As a result, I can't zip it completely shut. I transport it in the trunk like this. Am I legal? I'm not sure about that. The law says unloaded and in a case or other container. I don't think the trunk would be considered a container. You might want to get you a cheapy gun sock to put your trap gun in. Link to comment Share on other sites More sharing options...
Tvandermyde Posted August 28, 2012 at 05:24 PM Share Posted August 28, 2012 at 05:24 PM if it is in the trunk, as in car type -- it is considered not immediately accessible Link to comment Share on other sites More sharing options...
abolt243 Posted August 28, 2012 at 06:27 PM Share Posted August 28, 2012 at 06:27 PM Except the brochure states that for out-of-state travelers the cased, unloaded firearm needs to be inaccessible. Non-residents must be legally eligible to possessor acquire firearms and ammunition in their state ofresidence. It is recommended that in order to be incompliance with all statutes, non-residents transportall firearms:1. Unloaded, and2. Enclosed in a case, and3. Not immediately accessible or broken down in anonfunctioning state. The Illinois Supreme Court in State vs Holmes overturned the additional restrictions for non-residents. Out of staters are now held to the same transport restrictions as Illinois residents. The state police are slow to change. I think the ISP brochure is worded that way specifically to get non-residents around local ordinances like Chicago's and Oak Park's. As long as you're not afoul of a local ordinance then: Unloaded and in a case;OR broken down in a non-functioning state;OR not immediately accessible is the law. You can carry it loaded and not in a case, in the trunk of your car and technically be in compliance. But I wouldn't count on 7 out of 10 officers to know that. Link to comment Share on other sites More sharing options...
vezpa Posted August 28, 2012 at 09:32 PM Share Posted August 28, 2012 at 09:32 PM I just got a new case for my firearm to ensure compliance with Illinois law while transporting. Essentially is case, in a case, in a case, in a case, in a case........................ LOL http://www.babooshkashop.co.uk/shop/babooshka/images/aboutus2.jpg Link to comment Share on other sites More sharing options...
moon Posted August 28, 2012 at 09:38 PM Share Posted August 28, 2012 at 09:38 PM My trap gun doesn't fully fit into my softsided case. The butt sticks out a couple of inches. As a result, I can't zip it completely shut. I transport it in the trunk like this. Am I legal? That depends. Best advise buy a case that fits and save yourself the BS from the PD. Link to comment Share on other sites More sharing options...
moon Posted August 28, 2012 at 09:39 PM Share Posted August 28, 2012 at 09:39 PM If you have your hand gun properly cased does it matter where it is located in the vehicle?I have heard it cannot be accessible from the drivers seat which makes no sense. If you're from IL no. If you're out of town yes. Put it in your trunk...use Federal guidelines for transport. Link to comment Share on other sites More sharing options...
kurt555gs Posted August 28, 2012 at 09:55 PM Share Posted August 28, 2012 at 09:55 PM I heard Chicago wanted to change their transport law to: a) Broken down and cast in cement, and Stored in an inaccessible location, andc) ammunition also to be cast in cement, and stored separately. Link to comment Share on other sites More sharing options...
daplumber Posted August 28, 2012 at 10:04 PM Share Posted August 28, 2012 at 10:04 PM I LOVE Wisconsin, Gun Transportation Law : "Anyone may have an uncased fully Loaded Gun in their Vehicle". Now, is that cool or what? Yes, anyone means YOU! usacarry.com is a great source for info. Link to comment Share on other sites More sharing options...
daplumber Posted August 28, 2012 at 10:10 PM Share Posted August 28, 2012 at 10:10 PM If you have your hand gun properly cased does it matter where it is located in the vehicle?I have heard it cannot be accessible from the drivers seat which makes no sense. People v Diggins "Console is a Case". The Glovebox is too (in my opinion), but somebody here will try to argue against it. Your gun must not be loaded, but ammo can be in same case, whether in magazines or speed loaders or loose, it does not matter. Link to comment Share on other sites More sharing options...
daplumber Posted September 1, 2012 at 10:07 AM Share Posted September 1, 2012 at 10:07 AM no can do the county land and state parkes comes under 21-6 I beileve. Its illegal to have a gun on public sponsored property There must be an exemption to this that allows cased transport. Roads, sidewalks, bridges, trails and paths are used to get from one place to another and most all of them are land supported by tax dollars. This one must be repealed. Where has this ever been used? I know of one conviction but it was a handgun brought through court security. I know of no other.People v Bruner, conviction overturned in Appeal. Court found purse to be a LEGAL Case in which to transport gun and ammo may be in same case. I transport that way everyday in Illinois. Not a Purse, you wise guy's but in a Camo Military Pouch. my Glock 26 and two 17 Rd. Mag.s just fine. I have walked right by LEO's and no problem. When I am wearing my work clothes it blends in even better. This idea of no Gun on public sponsored property is in regards to Police Stations , Courthouse, Etc. I hunted Deer in Shawnee National Forrest my whole life, thats public land! Link to comment Share on other sites More sharing options...
Tvandermyde Posted September 1, 2012 at 04:08 PM Share Posted September 1, 2012 at 04:08 PM Bruner was the beginning. There were two more rule 23 cases back around 1999 coming out of Cook County / 1st District McDade was one I believe, guys out of Champaign and there was another one where guns were unloaded and in a case. convcited at trial overturned on appeal. Then there ws the case in southern Illinois about the woman at the fair grounds. Up here you have had Horstman that won a 1983 suit against Dupage County. Then we have had Diggins and Holmes. While the glovebox has not been decided, the logical extension of both those cases is that a glovebox would meet the definition. There was a case many years ago that a zippered gym bag did not meet the definition of a case, but since Diggins and Holmes, that seems to be dead law. The largest problem is, that in Cook, some cops will charge, no matter what and say let the judge sort it out. You also have the fact that Chicago has a different transport law than the state. Link to comment Share on other sites More sharing options...
junglebob Posted September 1, 2012 at 04:33 PM Share Posted September 1, 2012 at 04:33 PM Bruner was the beginning. There were two more rule 23 cases back around 1999 coming out of Cook County / 1st District McDade was one I believe, guys out of Champaign and there was another one where guns were unloaded and in a case. convcited at trial overturned on appeal. Then there ws the case in southern Illinois about the woman at the fair grounds. Up here you have had Horstman that won a 1983 suit against Dupage County. Then we have had Diggins and Holmes. While the glovebox has not been decided, the logical extension of both those cases is that a glovebox would meet the definition. There was a case many years ago that a zippered gym bag did not meet the definition of a case, but since Diggins and Holmes, that seems to be dead law. The largest problem is, that in Cook, some cops will charge, no matter what and say let the judge sort it out. You also have the fact that Chicago has a different transport law than the state. The woman at the fairgrounds would be Vanna Haggerty at the Salem fairgrounds in 1999. Link to comment Share on other sites More sharing options...
daplumber Posted September 1, 2012 at 04:44 PM Share Posted September 1, 2012 at 04:44 PM Bruner was the beginning. There were two more rule 23 cases back around 1999 coming out of Cook County / 1st District McDade was one I believe, guys out of Champaign and there was another one where guns were unloaded and in a case. convcited at trial overturned on appeal. Then there ws the case in southern Illinois about the woman at the fair grounds. Up here you have had Horstman that won a 1983 suit against Dupage County. Then we have had Diggins and Holmes. While the glovebox has not been decided, the logical extension of both those cases is that a glovebox would meet the definition. There was a case many years ago that a zippered gym bag did not meet the definition of a case, but since Diggins and Holmes, that seems to be dead law. The largest problem is, that in Cook, some cops will charge, no matter what and say let the judge sort it out. You also have the fact that Chicago has a different transport law than the state. Yes, Chicago is Socialist held Territory, avoid or BOYCOTT CHICAGO! Cook County Sheriff Tom Dart is the only Sheriff in Illinois to not support CCW. Lake County Sheriff Mark Curran is a big CCW supporter and attended the illinoiscarry meeting in Buffalo Grove as a spokesman. Link to comment Share on other sites More sharing options...
borgranta Posted September 10, 2012 at 02:10 PM Share Posted September 10, 2012 at 02:10 PM I LOVE Wisconsin, Gun Transportation Law : "Anyone may have an uncased fully Loaded Gun in their Vehicle". Now, is that cool or what? Yes, anyone means YOU! usacarry.com is a great source for info.Last I heard it is only handguns that can be loaded when engine is running Link to comment Share on other sites More sharing options...
daplumber Posted September 10, 2012 at 11:35 PM Share Posted September 10, 2012 at 11:35 PM I LOVE Wisconsin, Gun Transportation Law : "Anyone may have an uncased fully Loaded Gun in their Vehicle". Now, is that cool or what? Yes, anyone means YOU! usacarry.com is a great source for info.Last I heard it is only handguns that can be loaded when engine is running Yes, you are correct, Thank You. Link to comment Share on other sites More sharing options...
USAG Posted September 28, 2012 at 10:14 AM Share Posted September 28, 2012 at 10:14 AM Thanks for the INFO Link to comment Share on other sites More sharing options...
borgranta Posted September 28, 2012 at 01:07 PM Share Posted September 28, 2012 at 01:07 PM I LOVE Wisconsin, Gun Transportation Law : "Anyone may have an uncased fully Loaded Gun in their Vehicle". Now, is that cool or what? Yes, anyone means YOU! usacarry.com is a great source for info.From what I understand the only guns that you can have loaded in a vehicle with the engine running are long guns. Link to comment Share on other sites More sharing options...
lockman Posted September 29, 2012 at 04:21 PM Share Posted September 29, 2012 at 04:21 PM I LOVE Wisconsin, Gun Transportation Law : "Anyone may have an uncased fully Loaded Gun in their Vehicle". Now, is that cool or what? Yes, anyone means YOU! usacarry.com is a great source for info.From what I understand the only guns that you can have loaded in a vehicle with the engine running are long guns. The law changes and open carry of handguns (without license) will be specifically allowed effective in November. There was no law specifically prohibiting open carry in motor vehicles but current case law in essence just redefined it as concealed, thus prohibited. So come November the legislature has corrected the bad president imposed by the courts. As for long guns, I have not done any inquiry into that for WI. Link to comment Share on other sites More sharing options...
daplumber Posted September 29, 2012 at 07:09 PM Share Posted September 29, 2012 at 07:09 PM Does anyone have the moore v Madigan Hearing in written text? I remember a portion of the Hearing, where the State A.G. Attorney was being grilled by Judge Williams about there being no way for a Resident of Illinois can carry a Hand Gun. The Attorney stated something to the effect that you CAN transport a Firearm if it is unloaded. Essentially confirming Container Carry. Link to comment Share on other sites More sharing options...
kurt555gs Posted September 29, 2012 at 08:25 PM Share Posted September 29, 2012 at 08:25 PM Does anyone have the moore v Madigan Hearing in written text? I remember a portion of the Hearing, where the State A.G. Attorney was being grilled by Judge Williams about there being no way for a Resident of Illinois can carry a Hand Gun. The Attorney stated something to the effect that you CAN transport a Firearm if it is unloaded. Essentially confirming Container Carry. Interesting. Something the AG couldn't argue with later if they are the ones that claimed this on the record in a trial. Link to comment Share on other sites More sharing options...
daplumber Posted September 29, 2012 at 08:41 PM Share Posted September 29, 2012 at 08:41 PM Does anyone have the moore v Madigan Hearing in written text? I remember a portion of the Hearing, where the State A.G. Attorney was being grilled by Judge Williams about there being no way for a Resident of Illinois can carry a Hand Gun. The Attorney stated something to the effect that you CAN transport a Firearm if it is unloaded. Essentially confirming Container Carry. Interesting. Something the AG couldn't argue with later if they are the ones that claimed this on the record in a trial. Yes, that is the point exactly. We need to get our hands on the Written Text of that Hearing! If you listen to the Audio, you can hear what I'm talking about. Link to comment Share on other sites More sharing options...
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