Holsters in Gun FreeZones

[cola490]

When you park in a parking lot of a building that is a Gun Free Zone and you take off your gun to secure it in your car, can you leave your holster on?

[wtr100]

I don;t see why not

[RonOglesby - Now in Texas]

I do... if I happen to go into a GFZ. Mine is a jak slide for most of my pistols. I just drop the pistol in my lock box in my console, then do my business. Back in the truck I re-holster.

[cola490]

When you park in a parking lot of a building that is a Gun Free Zone and you take off your gun to secure it in your car, can you leave your holster on?

I would like to expand my question about GFZ, about the Illinois Law, the way I understand it, if you leave the gun inside the car, you can leave it loaded in some type of lock box. If you want to put it in your trunk, you need to unload it in the car and then get out of the car and move to the trunk, do I have this right?

[Redlin]

I would think it's just another piece of clothing at that point,such as my wallet,which is also empty.

[Redlin]

As for getting out of the vehicle the law states..."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". . As for leaving it loaded or not inside the vehicle it only states.."may store a

firearm or ammunition concealed in a case within a locked

vehicle or locked container out of plain view within the

vehicle in the parking area".So it seems leaving it loaded or not has been left unclear.

[Mr. Fife]

Seems clear to me.

 

Sent from my Nexus 7 using Tapatalk 4

[aerxx]

It should be concealed anyway, so its not really an issue. I can see a LEO getting all butt hurt about it if they happen to find it on you in a gun free zone.....

[cola490]

So..........In trunk unloaded

 

In passenger compartment, as long as the car is locked, you don't need a lock box and it can stay loaded?

 

Sorry, I misread the law, it must be in a case inside the vehicle.

[Houndawg]

Case includes the console or glove box.

 

Sent from my Galaxy Nexus using Tapatalk

 

 

[cola490]

One more time, loaded gun in glove box that does not lock, in a locked car, OK?

[Booxone]

One more time, loaded gun in glove box that does not lock, in a locked car, OK?

Besides the fact it's easy for thieves to take, I don't see a problem. I would think in most situations if LE was involved, and it was an issue, you would be at the vehicle too, therefore it would fall under your ccw license anyways.

[cm.stites]

One more time, loaded gun in glove box that does not lock, in a locked car, OK?

YES theres been a previous court ruling that defined a centerconsole or glovebox as a "case"

[aerxx]

Keep in mind it can't be loaded unless you have a CCL, you can have the magazine loaded and in the same "container" but you can't have the magazine in the "well" of the firearm or a round chambered. Of course IANAL.

[TyGuy]

One more time, loaded gun in glove box that does not lock, in a locked car, OK?

YES theres been a previous court ruling that defined a centerconsole or glovebox as a "case"

The Diggins case

[cm.stites]

One more time, loaded gun in glove box that does not lock, in a locked car, OK?

YES theres been a previous court ruling that defined a centerconsole or glovebox as a "case"

The Diggins case

Ty i couldnt remember which one it was.

[cola490]

Keep in mind it can't be loaded unless you have a CCL, you can have the magazine loaded and in the same "container" but you can't have the magazine in the "well" of the firearm or a round chambered. Of course IANAL.

Thank you, yes of course, all these questions are with CCL holders in mind. Hopefully early next spring we will be hearing from folks that are receiveing there's.

[WPxx]

I do not like the idea of leaving a pistol and loaded mags in the car. If there aren't any mags, the pistol cannot be used immediately if stolen..Can you take a loaded mag into a GFZ?

 

If I have to go into a GFZ, I think I will be sure to wear my least "mostly concealed" holster to see if anyone notices and if they do, what their reaction is.

[cola490]

I do not like the idea of leaving a pistol and loaded mags in the car. If there aren't any mags, the pistol cannot be used immediately if stolen..Can you take a loaded mag into a GFZ?

 

If I have to go into a GFZ, I think I will be sure to wear my least "mostly concealed" holster to see if anyone notices and if they do, what their reaction is.

This is a good question about the magazine.

My point about leaving the loaded gun in the console or glovebox in a locked car is to avoid opening the cylinder or racking the slide to remove the round in the chamber while sitting in the drivers seat, and racking the slide again when you return.

 

Yes, I recommend to carry with one in the tube. That conversation can happen another time.

[cm.stites]

I do not like the idea of leaving a pistol and loaded mags in the car. If there aren't any mags, the pistol cannot be used immediately if stolen..Can you take a loaded mag into a GFZ?

 

If I have to go into a GFZ, I think I will be sure to wear my least "mostly concealed" holster to see if anyone notices and if they do, what their reaction is.

is there a reason why you want to deal with law enforcement for a unnecessary reason? it may be a "right" to carry but trying to stir up people that may not like guns isnt the solution to getting them on our side.. and if your in a gfz your gonna end up causing more issues like legislators going back and trying to change the law to say you cant carry mags or holsters in either... doing it just to get a reaction is not a good method.

[WPxx]

I tend to be facetious but of course nobody on the forum knows that. This is a serious topic and in the future if I am kidding, I will make sure it is clear.

 

I was serious about not leaving loaded mags locked in the car with a pistol. Is it against the law to carry a loaded mag into a GFZ? Of course you wouldn't carry a mag into a court or a school, but how about a gun-free business that you have to go to because they have something you need and nobody else has it?

[Indigo]

I tend to be facetious but of course nobody on the forum knows that. This is a serious topic and in the future if I am kidding, I will make sure it is clear.

 

I was serious about not leaving loaded mags locked in the car with a pistol. Is it against the law to carry a loaded mag into a GFZ? Of course you wouldn't carry a mag into a court or a school, but how about a gun-free business that you have to go to because they have something you need and nobody else has it?

 

I don't recall EVER seeing any law, ordinance, or regulation that bans the carry of ammunition (except for schools, jails, courts, and TSA-type situations), nor one that defines the conditions under which you can carry ammunition or magazines. The ban is on guns, not ammo. IANAL

[cm.stites]

Alot of people seem to forget that the FCCA act doesnt exempt you from being charged with the federal violation of the gun free school zone act also... it may not be banned but its a issue that you dont really wanna draw yourself into if you can avoid it. the democrats in this state are waiting for reasons to change the laws its our jobs not to give them reasons to change it.

[Double-J]

Alot of people seem to forget that the FCCA act doesnt exempt you from being charged with the federal violation of the gun free school zone act also... it may not be banned but its a issue that you dont really wanna draw yourself into if you can avoid it. the democrats in this state are waiting for reasons to change the laws its our jobs not to give them reasons to change it.

+1

[BigJim]

I do not like the idea of leaving a pistol and loaded mags in the car. If there aren't any mags, the pistol cannot be used immediately if stolen..Can you take a loaded mag into a GFZ?

 

If I have to go into a GFZ, I think I will be sure to wear my least "mostly concealed" holster to see if anyone notices and if they do, what their reaction is.

is there a reason why you want to deal with law enforcement for a unnecessary reason? it may be a "right" to carry but trying to stir up people that may not like guns isnt the solution to getting them on our side.. and if your in a gfz your gonna end up causing more issues like legislators going back and trying to change the law to say you cant carry mags or holsters in either... doing it just to get a reaction is not a good method.

To remove my holster I have to remove my belt. I am a big guy and there isn't a lot of room in the front seat of my car to being doing this. I am not going to remove my holster (and belt) unless I have to.

[Booxone]

Alot of people seem to forget that the FCCA act doesnt exempt you from being charged with the federal violation of the gun free school zone act also... it may not be banned but its a issue that you dont really wanna draw yourself into if you can avoid it. the democrats in this state are waiting for reasons to change the laws its our jobs not to give them reasons to change it.

 

( Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

(3) (A) Except as provided in subparagraph (, it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. ( Subparagraph (A) does not apply to the discharge of a firearm—

(i) on private property not part of school grounds;

(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

(iv) by a law enforcement officer acting in his or her official capacity.

(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

 

IANAL but I would say because of subsection ( (II) that since we have a FOID we wouldn't be charged with that, as long as we are legally carrying within framework of the FCCL and FOID Statutes. Plus in reality, our local law enforcement will only charge state crimes. They would have to get federal law enforcement to charge you with that.

[cm.stites]

it doesnt prevent federal charges.the new federal prosecutor can get involved and was handpicked by obama so that should tell you right there...

 

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

 

 

schoolzones are banned under illinois law only the safehaven would apply at the state level. federal charges can still be brought.

[TJSum1]

I do not like the idea of leaving a pistol and loaded mags in the car. If there aren't any mags, the pistol cannot be used immediately if stolen..Can you take a loaded mag into a GFZ?

 

If I have to go into a GFZ, I think I will be sure to wear my least "mostly concealed" holster to see if anyone notices and if they do, what their reaction is.

is there a reason why you want to deal with law enforcement for a unnecessary reason? it may be a "right" to carry but trying to stir up people that may not like guns isnt the solution to getting them on our side.. and if your in a gfz your gonna end up causing more issues like legislators going back and trying to change the law to say you cant carry mags or holsters in either... doing it just to get a reaction is not a good method.

If legislators are waiting around for these issues to happen, as a catalyst to change the law, then there is little anyone can really do. If an individual wants to wear a holster, then they should do it.

[cm.stites]

I do not like the idea of leaving a pistol and loaded mags in the car. If there aren't any mags, the pistol cannot be used immediately if stolen..Can you take a loaded mag into a GFZ?

 

If I have to go into a GFZ, I think I will be sure to wear my least "mostly concealed" holster to see if anyone notices and if they do, what their reaction is.

is there a reason why you want to deal with law enforcement for a unnecessary reason? it may be a "right" to carry but trying to stir up people that may not like guns isnt the solution to getting them on our side.. and if your in a gfz your gonna end up causing more issues like legislators going back and trying to change the law to say you cant carry mags or holsters in either... doing it just to get a reaction is not a good method.

If legislators are waiting around for these issues to happen, as a catalyst to change the law, then there is little anyone can really do. If an individual wants to wear a holster, then they should do it.

its more about the loaded mags then it is the holster... they can wear it all they want if they wanna deal with the police for doing so then so be it. but why "start" an argument over something thats non existant as of right now... most people that dont like guns dont know the difference between the magazine and the butt of a gun. so your gonna get the person with gun calls made.

[TJSum1]

I think we can all agree that the law was written poorly and will lead to bogus arrests. Even if there was not intent, someone will make a mistake. Unless 100k of us all make the same mistake, it seems unlikely it would change anything. I understand your point about not starting something, but it will take just that to clear up this mess.