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Does a soft sided range bag count as a "case"?


ryangassxx

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The law pertaining to transporting in a car is confusing to me (non CCL). The law states that the gun should be cased and unloaded. I've been doing that with the plastic foam inserted case that my gun ships with, but I want to just have a proper range bag.. Do the soft sided range bags that are purpose made for housing handguns and accessories satisfy the Illinois law as a "case" for car transportation purposes?

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The operative section of the law:

 

(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;

 

Notice the word "OR". If you have it broken down in a non-functioning state, you can have it in your lap with no case. If you have it in the trunk, you don't need a case. If it's unloaded in any kind of container, it can be anywhere in the vehicle.

 

Having said all that, I wouldn't bet my FOID and Carry license on all LEO's knowing the letter of the law. Best bet, put the unloaded gun in a container of some kind before you carry it in/on your vehicle. Yes, a range bag qualifies. If you have a FCCL, it applies only to concealable weapons. You can't carry a loaded long gun concealed in your vehicle under the authorization of your FCCL.

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Yes, a range bag is good...but it must be completely enclosed. I've heard rumors of LEOs with a bug up their rear who have hassled people for their case not being completely zipped that last quarter of an inch.

 

I also wouldn't count on LEOs knowing the nuances of the law...which is ridiculous since enforcing the law is their business and they're supposedly professionals.

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The operative section of the law:

 

(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;

 

Notice the word "OR". If you have it broken down in a non-functioning state, you can have it in your lap with no case. If you have it in the trunk, you don't need a case. If it's unloaded in any kind of container, it can be anywhere in the vehicle.

 

Having said all that, I wouldn't bet my FOID and Carry license on all LEO's knowing the letter of the law. Best bet, put the unloaded gun in a container of some kind before you carry it in/on your vehicle. Yes, a range bag qualifies. If you have a FCCL, it applies only to concealable weapons. You can't carry a loaded long gun concealed in your vehicle under the authorization of your FCCL.

Ahhhh, clarity! Excellent post.

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I have a Nano Vault (not really a vault just a heavy gauge steel box) attached to my seat rail with coated 3/8" (iirc) aircraft cable. CCL not here yet so I keep mine in there with the mag out and the combination dialed in on my seat. If I am ever stopped I can spin the dials and it's locked. It's big enough to hold my Browning Hi Power and has plenty of room form my Shield 9 and 2 mags.

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I have a Nano Vault (not really a vault just a heavy gauge steel box) attached to my seat rail with coated 3/8" (iirc) aircraft cable. CCL not here yet so I keep mine in there with the mag out and the combination dialed in on my seat. If I am ever stopped I can spin the dials and it's locked. It's big enough to hold my Browning Hi Power and has plenty of room form my Shield 9 and 2 mags.

Just so you know, the law does not require it to be locked. Merely unloaded and enclosed in a case/ container.

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Most if not ranges require that the guns be unloaded when brought to the range. So it seems natural to keep guns unloaded and in a case, inside a range bag, and for me, kept in the trunk for safety and security. I'm sure that the fully zipped range bag will satisfy the IL requirements for transport, especially if the bag itself is not immediately accessible to the owner. I sometimes have to stop at other places on my way to or from the range so I take extra effort to put my guns and ammo out of sight.

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I've lost count of how many people have told me that the ammo has to be separate from the gun, and both in the trunk. The misinformation that floats around is incredible. It doesn't help that most people get most of their education via television dramas.

 

I had a guy at the counter at GAT Guns ask me if I was a LEO because I brought the gun in while in a case, and I had full mags in the side pocket. He said carrying the gun with the mags in the side pocket was illegal. Even so-called "experts" don't know what they're talking about half the time.

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my dad once purchased a hand gun at a LGS and thought it would come with at least a box so he didn't bring a case to take it home. The LGS tried selling him an overpriced case and he refused to buy one and said he would run down to walmart (a few miles away) or go home ( apx 20 miles) and come back with a case. An on duty Sherriff deputy who was having breakfast on his break in the store handed him his McDonalds sack and said here " roll it up in this " The LGS looked at the Deputy with a are you serious look, and the deputy responded with half a mouth full of sausage egg and cheese, "What? it's a container "

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my dad once purchased a hand gun at a LGS and thought it would come with at least a box so he didn't bring a case to take it home. The LGS tried selling him an overpriced case and he refused to buy one and said he would run down to walmart (a few miles away) or go home ( apx 20 miles) and come back with a case. An on duty Sherriff deputy who was having breakfast on his break in the store handed him his McDonalds sack and said here " roll it up in this " The LGS looked at the Deputy with a are you serious look, and the deputy responded with half a mouth full of sausage egg and cheese, "What? it's a container "

 

That is CLASSIC. :)

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my dad once purchased a hand gun at a LGS and thought it would come with at least a box so he didn't bring a case to take it home. The LGS tried selling him an overpriced case and he refused to buy one and said he would run down to walmart (a few miles away) or go home ( apx 20 miles) and come back with a case. An on duty Sherriff deputy who was having breakfast on his break in the store handed him his McDonalds sack and said here " roll it up in this " The LGS looked at the Deputy with a are you serious look, and the deputy responded with half a mouth full of sausage egg and cheese, "What? it's a container "

 

Most LEOs are pretty cool...and pro-gun. It's usually only the jerks we hear about...

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The law pertaining to transporting in a car is confusing to me (non CCL). The law states that the gun should be cased and unloaded. I've been doing that with the plastic foam inserted case that my gun ships with, but I want to just have a proper range bag.. Do the soft sided range bags that are purpose made for housing handguns and accessories satisfy the Illinois law as a "case" for car transportation purposes?

I was required to buy a softsided range bag in order to bring a used gun from a gun a Gander Mountain. Gander Mountain would not sell illegal bags since they would face legal action. Technically a sneaky pete leather holster meets the vague definition of a case because it fully encloses with no firearm visible.
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I was at a gun shop about two years ago. A guy came in with a rifle to have the gunsmith look at it. NO case, just walked right in with the rifle, AKA open carry. Long story short, he didn't leave the gun for the gunsmith and the store made him buy a gun sock to be legal to take the rifle back out to his car.
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At one time the conservation law stated it had to be a case specifically made for a gun. Don't know if it still says that or not. I would assume only the game wardens would be enforcing that one.

Those guys think the constitution doesn't apply to them.

 

Many folks on the web tried to cite the WC as the "standard" claiming that any LEO could cite you even if you were not afield taking game lawfully or unlawfully. Some even remember a friend of their cousin's neighbor who got busted in such a fashion.

 

I asked them to provide case citations for someone charged under the WC for a case violation under non-hunting circumstances.

 

<crickets>

 

Now admittedly, the ISP wasn't above using selective information to further restrict the abilities of law abiding citizens to exercise their rights in this state, to-wit the following from their old "Transport Your Firearm Legally - Commonly Asked Questions On Transporting Firearms in Illinois" flyer (which I've attached for reference purposes):

 

WHAT CONSTITUTES A LEGAL "CASE" FOR TRANSPORTING A FIREARM?

The Criminal Code refers to a case, firearm carrying box, shipping box, or other container. However, the Wildlife Code is more specific, defining case as a container specifically designed for the purpose of housing a gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped, snapped, buckled, tied, or otherwise fastened, with no portion of the gun or bow and arrow device exposed.

 

HOW DO THE DIFFERENCES IN LAWS EFFECT ME FOR THE PURPOSES OF THE UNLAWFUL USE OF WEAPONS LAW?

It is recommended that persons transport their firearms only unloaded and in a case in order to be fully compliant with all statutes. A firearm transported in a container other than a case, while engaged in activities covered by the Wildlife Code, could subject an individual to a charge of Class B Misdemeanor under the Wildlife Code, but would not be considered Unlawful Use of Weapons if the case were a firearm carrying box, shipping box, or other container as provided in the Criminal Code.

 

Bold highlighting original

Luckily they got their acts straightened out by the removal of the WC language and it's consolidation with the CC definition (which as a joyful side effect really annoyed a certain DorK we all knew and loved).

 

The local fun store had custom firearm cases made - they're 16" x 48" trash bags polyethylene bags. Cheaper for them than the fabric & fleece jobs, less room on the shelf and they meet the letter of the law for transit to the customer's car. ;)

OLD ISP flyer 1-154.pdf

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I was required to buy a softsided range bag in order to bring a used gun from a gun a Gander Mountain. Gander Mountain would not sell illegal bags since they would face legal action. Technically a sneaky pete leather holster meets the vague definition of a case because it fully encloses with no firearm visible.

 

 

I think they just ripped you off in order to make $$ on an overpriced "case". Personally, I would've told them where to stick their "case". You could use a garbage bag and be in compliance with UUW.

 

For a while, I transported my first shotgun in a cardboard box before I got around to buying a case. And when I transported my 50-cal home from the FFL (over an hour away), I rolled it up in a blanket and taped the blanket shut w/ duct tape, which my FFL agreed met the requirement.

 

There is a legitimate question on whether such would be in violation of Wildlife code, (especially per ISPs prior language on their site), but it would be pretty hard to charge someone for violation of wildlife code if they are transporting to / from a gun store / range, with no link to hunting.

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