17 replies to this topic

[kurt555gs]

[Uncle Harley]

kurt555gs, on 14 April 2012 - 12:36 PM, said:

[url="]

pretty straight forward, with accurate information,  I liked it!   .....and those bags are nice!

[kurt555gs]

Container transport discussions here seem to be like the crazy uncle you keep in the basement. No one every wants to discuss it on this board. It is all we have in Illinois, now, and for a long time to come it would seem. Until we get state wide concealed carry, or my idea of open carry in non home rule areas with a FOID card, I see no reason to not discuss, perfect, lay out maps where it is legal, or generally promote it. Oh well. I seem to as usual be alone here on this.

[RECarry]

Being new here, I appreciate your efforts to spell this out clearly and visually. Thanks!

[Vaden]

I think the major issue with container carry is that any officer who finds a weapon in your fanny pack, even if not loaded, is quite likely to confiscate your weapon and slap the cuffs on. Its all fine and dandy that one can pull out case law and ISP pamphlets that state that it "should" be legal but as the saying goes "tell it to the judge". In the mean time your in jail, your weapon is gone (and you'll likely NEVER see it again) and your on the phone with the significant other and then a lawyer, who WILL expect money. A few weeks to a few months later, a (really understanding pro 2A) judge throws the case out and you have still lost your firearm and plenty of money to go along with it.

Dont get me wrong, I'm with you 100%, but the majority of law enforcement in Illinois probably isn't. I usually carry a Kahr T9 in its factory case with a loaded mag in the case, under the seat of my car but I still pray I never get pulled over and have it found. To a lot of cops, its still "loaded". Is it legal? Yes. Will that officer understand the complex mess of gun laws we have here in Illinois? Maybe...

BTW, those bags are really nice, as are the firearms (especially the 1911 ) but I really love the floor. I wish there was a room in my house I could do the black and white checkerboard, too bad my garage floor is cracked and uneven

[kurt555gs]

So Vaden, I can assume that when Illinois has concealed carry and you have the license that you won't carry because some police or states attorneys will violate the law and arrest you for carrying. You show then your carry permit and they say tell it to the judge and lock you up and confiscate your gun.

I say this because it is exactly the same situation as a FOID card holder transporting an unloaded, encased firearm right now. It's the law in Illinois that allows it.

Do you think it will be somehow different with a carry permit?

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[Uncle Harley]

Vaden, on 15 April 2012 - 01:06 PM, said:

I think the major issue with container carry is that any officer who finds a weapon in your fanny pack, even if not loaded, is quite likely to confiscate your weapon and slap the cuffs on. Its all fine and dandy that one can pull out case law and ISP pamphlets that state that it "should" be legal but as the saying goes "tell it to the judge". In the mean time your in jail, your weapon is gone (and you'll likely NEVER see it again) and your on the phone with the significant other and then a lawyer, who WILL expect money. A few weeks to a few months later, a (really understanding pro 2A) judge throws the case out and you have still lost your firearm and plenty of money to go along with it.

Dont get me wrong, I'm with you 100%, but the majority of law enforcement in Illinois probably isn't. I usually carry a Kahr T9 in its factory case with a loaded mag in the case, under the seat of my car but I still pray I never get pulled over and have it found. To a lot of cops, its still "loaded". Is it legal? Yes. Will that officer understand the complex mess of gun laws we have here in Illinois? Maybe...

BTW, those bags are really nice, as are the firearms (especially the 1911 ) but I really love the floor. I wish there was a room in my house I could do the black and white checkerboard, too bad my garage floor is cracked and uneven

that is why you carry case law with you in your  " case"   and you be VERY POLITE  when you had it to him and suggest he has dispatch look it up prior to making any hastly decisions,   but  here in Clark county I have no worries,  I had an open conversation with our sherriff dept on their face book page for the whole world to see,  and they were the one to suggest I not only look to diggings, but also bruner, so I wouldn't get caught  transporting a weapon someplace that is prohibited such as a federal building without knowing that was illegial.

[mkfrns]

I don't mean to Hi-jack or steer the thread in a different direction, but could you use one of those Maxpedition Bags if you were traveling on a Motorcycle? Summer time is coming and I ride frequently and was wondering how I can transport my gun back and fourth from the range while I am riding? Sorry if its been discussed before, I'm new to the site...

[bornhunter04]

"a .380 is 2 steps above pepper spray" That's funny right there!


But yes those are very nice packs, i have a larger bag that I'm currently using as a range bag, man oh man, you'd be surprised how much stuff you can get in one of those! I even hid a holster from myself the other day and low and behold it was one of the pockets of my maxpedition.

[Vaden]

kurt555gs, on 15 April 2012 - 04:06 PM, said:

So Vaden, I can assume that when Illinois has concealed carry and you have the license that you won't carry because some police or states attorneys will violate the law and arrest you for carrying. You show then your carry permit and they say tell it to the judge and lock you up and confiscate your gun.

I say this because it is exactly the same situation as a FOID card holder transporting an unloaded, encased firearm right now. It's the law in Illinois that allows it.

Do you think it will be somehow different with a carry permit?

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Yes I will carry when I have a permit to. Not every LEO is going to give you s chance our care what printouts you have on your possession. having a gun in a bag strapped to your side can easily go bad for you and fast if you run across the wrong officer. I am NOT saying that technically it's not legal, but it's a lot to chance, especially in the more firearm unfriendly jurisdictions. Maybe down south it's more of a non issue but up here in Cook county it's a risky proposition. If we get a legal case that's pyrogen in court, I'll go but 3 maxpedition bags the next day.

[kurt555gs]

Cook county has their own transportation laws under home rule. The ammunition can not be in the same container as the firearm.

So why are you more confident cook county wouldn't arrest you for carrying even if Illinois had a permit?

The Milwaukee police chief said any one caught with a gun would be taken to the ground, handcuffed, and their fun taken into custody before they checked for a permit. Why would Cook County be different?

Why would any law enforcement organization take us or the organizations that represent us seriously with a carry permit when they aren't willing to promote or defend the laws and rights we have now? Seriously.

How can we ask for new rights, when we aren't able our willing to promote or defend the ones that are already the law now?

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[billzfx4]

Quote

Cook county has their own transportation laws under home rule. The ammunition can not be in the same container as the firearm.

Please show me the law that states this.

[kurt555gs]

billzfx4, I may be wrong about Cook county. I have "heard" that when transported in a car in Cook country that the unloaded and cased firearm had to be out of reach and the ammo stored in a separate location according to local ordinance. I have not read the actual law.

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Edited by kurt555gs, 15 April 2012 - 06:38 PM.

[miztic]

mkfrns, on 15 April 2012 - 05:08 PM, said:

I don't mean to Hi-jack or steer the thread in a different direction, but could you use one of those Maxpedition Bags if you were traveling on a Motorcycle? Summer time is coming and I ride frequently and was wondering how I can transport my gun back and fourth from the range while I am riding? Sorry if its been discussed before, I'm new to the site...

I have been transporting my gun to the range in the factory case, unloaded and inside a backpack, so it's effectively double cased, I was under the impression that was the legal way to transport it.
I'll be sure to watch the video later when I can have sound on.

[kurt555gs]

One case, like the Maxpedition is enough. There are no Brownie points for two cases. These bags are great on a motorcycle that doesn't have storage.

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[tom]

Im sure this has been asked before so please bare with me...
If my firearm is cased, unloaded, and i am a foid holder, can I "keep" my gun when Im out driving'in my car or do I have to be going to a destination like a range or whatever?

[C0untZer0]

There is case law for the Indiana man who had his pistol in his car's center console and was arrested by CPD.  The Illinois Supreme Court ruled on 10/8/2009 (Docket # 106367) that the Center Console of a vehicle was a case and a firearm could be carried in the closed Center Console.

[kurt555gs]

tom, on 16 April 2012 - 09:29 AM, said:

Im sure this has been asked before so please bare with me...
If my firearm is cased, unloaded, and i am a foid holder, can I "keep" my gun when Im out driving'in my car or do I have to be going to a destination like a range or whatever?

This isn't New Jersey. In Illinois, your right to own a firearm is reason enough. No, you don't need a reason to have a legally owned, unloaded, encased firearm with you ( except in a prohibited area ) any more than you need a reason for which church you attend or how you vote.