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Transport case, when locked or unlocked?


oohrah
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(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; or

Does (iii) cover a closed center console or glove box that do not have locks but lids that close? Does this also cover backpack while walking? Will firearm not broken down but unloaded via the magazine being removed but un-loaded with chamber empty in a previous examples (center console/glove box closed but not lockable, or walking with a bag or backpack) cover and be compliant on a IL Foid Card?

 

Yes. And there is case law to back it all up.

 

Look up "Fanny Pack Carry/Six Seconds to Safety".

Edited by soundguy
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(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; or

Does (iii) cover a closed center console or glove box that do not have locks but lids that close? Does this also cover backpack while walking? Will firearm not broken down but unloaded via the magazine being removed but un-loaded with chamber empty in a previous examples (center console/glove box closed but not lockable, or walking with a bag or backpack) cover and be compliant on a IL Foid Card?

 

Yes. And there is case law to back it all up.

 

Look up "Fanny Pack Carry/Six Seconds to Safety".

 

Thanks I will definitely look this up. Thanks for the search terms.

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See the Illinois case of People v.Diggins, 379 Ill App 3d 994 holding that the center console is a case for this purpose. Affirmed by the Ill Supreme court case no 106367.

 

Just read this case. It's sickening how IL will ruin someone's life, sentencing the guy to 30 months in prison while bickering over what is a "case".

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  • 3 months later...

Can a FOID holder who is transporting legally, i.e., unloaded, enclosed, not immediately accessible, leave the firearm stowed in a locked car and go into a restaurant to eat or into a store to shop (just a couple examples) while on his or her trip?

maybe I’m missing it, but the answer to this doesn’t seem to be clear on the ISP website.

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720 ILCS 5/24 describes how it is legal to move a firearm from place to place, ie to "transport" it as defined in the statute. You won't find any language granting you permission to have lunch, though. Our laws don't operate to grant permission. Rather, they make specified acts illegal. All things not made illegal remain legal.

 

Thanks again - it is always helpful for me to read the statute.

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Here is the DNR brochure and ISP one

 

Thank you as well - I saw those both and read them before posting; I suppose what threw me for a bit of a loop was that the guidance even speaks to transportation knowingly or unknowingly by a non-FOID holder but didn't speak the question I posed. I guess in the situation I posited, the stowed firearm is still considered in transit, being transported, even though it is sitting in vehicle in a parking spot.

 

For some reason, years ago I recall being told by a firearms instructor that one could only transport a firearm to a shooting range, for instance, only by traveling directly to and from the range, with no detours or stops. That advice never seemed right, but maybe I heard it wrong too. ;-)

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Here is the DNR brochure and ISP one

Thank you as well - I saw those both and read them before posting; I suppose what threw me for a bit of a loop was that the guidance even speaks to transportation knowingly or unknowingly by a non-FOID holder but didn't speak the question I posed. I guess in the situation I posited, the stowed firearm is still considered in transit, being transported, even though it is sitting in vehicle in a parking spot.

 

For some reason, years ago I recall being told by a firearms instructor that one could only transport a firearm to a shooting range, for instance, only by traveling directly to and from the range, with no detours or stops. That advice never seemed right, but maybe I heard it wrong too. ;-)

 

A destination is required in some states, Michigan for example, but not in Illinois.

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