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Container Transport aka Container Carry


TyGuy

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There are 2 opinions that declare the console a "case"

 

People v. Holmes, Ill. Supreme Court, Docket # 109130, Opinion filed 4/7/11. The defendant owner/driver of a motor vehicle, an Indiana resident who had been issued a carry license by his home state, was stopped by Chicago police officers for a traffic violation. Pursuant to a search, a 9 mm handgun was recovered from a backseat armrest of the car. The Court noted that “[t]he armrest separated the two back seats and contained a storage compartment that closed with a latch. The compartment could be folded up into the seat or left in a down position.

 

Illinois State Supreme Court found for the defendant in this case.

 

The Illinois Supreme Court ruled on 10/8/2009 (Docket # 106367 People v Diggins) that the Center Console of a vehicle was a case and a firearm could be carried in the closed Center Console.

 

http://www.illinoiscarry.com/cgi-bin/news/news.cgi?news=3&num=37&print=1

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OK, tomato tomahto - but I've still heard it referred to as container carry more often than anything else.

 

Yes I've been doing it, I decided to try the 5.11 Select Carry Pistol Pouch. My R9 sits in there with a loaded mag and I buckle it on when I go out.

 

http://illinoiscarry...&hl=packs&st=30

That's what I'm talking about...but wouldn't that be a dead giveaway that you are carrying a gun, unless you have grey hair and a cane?

I use this. It looks like a smart phone case. You could use a smart phone case or a camera case. I use a small camera case to hold first aid gear.

 

http://simage1.sportsmansguide.com/adimgs/l/2/202377m2_ts.jpg

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There are 2 opinions that declare the console a "case"

 

People v. Holmes, Ill. Supreme Court, Docket # 109130, Opinion filed 4/7/11. The defendant owner/driver of a motor vehicle, an Indiana resident who had been issued a carry license by his home state, was stopped by Chicago police officers for a traffic violation. Pursuant to a search, a 9 mm handgun was recovered from a backseat armrest of the car. The Court noted that “[t]he armrest separated the two back seats and contained a storage compartment that closed with a latch. The compartment could be folded up into the seat or left in a down position.

 

Illinois State Supreme Court found for the defendant in this case.

 

The Illinois Supreme Court ruled on 10/8/2009 (Docket # 106367 People v Diggins) that the Center Console of a vehicle was a case and a firearm could be carried in the closed Center Console.

 

http://www.illinoiscarry.com/cgi-bin/news/news.cgi?news=3&num=37&print=1

Wonder how much that cost that poor guy?
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Was Haggerty where she took it into a courthouse?

No, she was minding her own business selling brass knuckles at a county fair. She went through a lot of crap because of the felony charge that the states attorney (Creason) insisted on pushing. She was found guilty of a misdemeanor for the knuckles but she would have plead guilty for that and had the whole thing behind her at the very beginning. Creason dropped the AUUW charge on the day of the trial. He was trying to get her to plead to something but she refused.

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OK, tomato tomahto - but I've still heard it referred to as container carry more often than anything else.

 

Yes I've been doing it, I decided to try the 5.11 Select Carry Pistol Pouch. My R9 sits in there with a loaded mag and I buckle it on when I go out.

 

http://illinoiscarry...&hl=packs&st=30

That's what I'm talking about...but wouldn't that be a dead giveaway that you are carrying a gun, unless you have grey hair and a cane?

I use this. It looks like a smart phone case. You could use a smart phone case or a camera case. I use a small camera case to hold first aid gear.

 

http://simage1.sportsmansguide.com/adimgs/l/2/202377m2_ts.jpg

I carry a Commander and would need a large belt loop case. Maybe a man purse, lol.
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It may be legal but it will cost you time and money to prove it in court. I'm sure you will be fine down state but I would think twice about it in Cook county.

 

Sent from my SPH-L710 using Tapatalk 2

So, are you saying the new law, HB183 isn't enforceable against the entire state? It was specifically mentioned in that cmomitteee hearings that people could unload, case up, and go about their lives. Are you saying the law somehow doens't apply now?

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I mean, don't do it if you want, but I don't see the hangup.

 

You could still get hassled, and I suspect some will, when you have a permit, but the law will be there to protect you, just like it is there right now to protect you with container transport. The law is the law and every legal firearm owner is good to go if they follow it.

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OK, tomato tomahto - but I've still heard it referred to as container carry more often than anything else.

 

Yes I've been doing it, I decided to try the 5.11 Select Carry Pistol Pouch. My R9 sits in there with a loaded mag and I buckle it on when I go out.

 

http://illinoiscarry...&hl=packs&st=30

That's what I'm talking about...but wouldn't that be a dead giveaway that you are carrying a gun, unless you have grey hair and a cane?

I use this. It looks like a smart phone case. You could use a smart phone case or a camera case. I use a small camera case to hold first aid gear.

 

http://simage1.sportsmansguide.com/adimgs/l/2/202377m2_ts.jpg

 

 

 

Yea, This is exactly what i am talking about! not a car console or box thing. what would the illegal charge be if carrying a unloaded pistol in this manner on your belt?

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I've seen a lot of changes in my 60+ years. When I was a kid we shot 22s in town with no problems. We could open carry loaded weapons on the river and shoot over water. I've also run into several LEOs with very bad attitudes. I do believe you guys know what you are talking about, it's just difficult for some of us older people to make the jump.
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Maybe an "official" could post their take on container transport in light of HB183 so that ya'll will believe me.

 

I don't think the problem is that people do not believe you -- I think the problem is that these are Illinois citizens and they have all been conditioned by decades of oppression....

 

The only thing I would suggest is if one decides to "transport" their handgun they might want to print out the nice brochure that the taxpayers bought the Illinois State Police and put it in their transportation case...

 

It is available here: http://www.isp.state.il.us/docs/1-154.pdf

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I keep that brochure and my lawyer's card in each of my cases.

 

I guess I don't get the mentality of "I'll follow law A, but law B is too scary to follow." They are both totally fine now. Before you were risking home rule violation with container transport, but now it's specifically cited for this new law and an option to exercise lawfully.

 

Oh well, I guess some have been conditioned for too long to come around in less than 24 hours.

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?

 

CPD has issued new directives acknowledging the passage of the new law. There are links in Federal Farmer's thread, "Well Sourced Rumor...", that I couldn't get to copy. In a nutshell, CPD says that possession is allowed under the law, home rule is preempted, etc. Good read. I wouldn't be worried too much about being hassled by CPD.

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I keep that brochure and my lawyer's card in each of my cases.

 

I guess I don't get the mentality of "I'll follow law A, but law B is too scary to follow." They are both totally fine now. Before you were risking home rule violation with container transport, but now it's specifically cited for this new law and an option to exercise lawfully.

 

Oh well, I guess some have been conditioned for too long to come around in less than 24 hours.

 

 

 

 

TY, I think you are right. i have read the new law also and that was my understanding. but thought i should run it by some folks who understand legal issues better than i do. Thanks For Your Help! Im not going to carry my unloaded pistol in a fanny pack, purse , shoulder bag or carry box but i may try a small balistic nylon pouch on the belt.

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I keep that brochure and my lawyer's card in each of my cases.

 

I guess I don't get the mentality of "I'll follow law A, but law B is too scary to follow." They are both totally fine now. Before you were risking home rule violation with container transport, but now it's specifically cited for this new law and an option to exercise lawfully.

 

Oh well, I guess some have been conditioned for too long to come around in less than 24 hours.

Yes, it will take some of us time. Love that preemption.
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