Transporting firearm with FOID

[Chicago97]

Hello all, I made the mistake of having my firearm in my car unloaded and inside of a book bag.

the book bag had the firearm in one part, unloaded and empty with no magazine in it at all and also with the slide locked open w/ guard back to show that it is empty.

 

in another compartment of book bag there was located one loaded magazine. The compartment had its own seperate zipper and was completely separated by a layer of material and fabric within the book bag between the handgun and magazine compartment. 
 

the book bag was in my back seat.

 

the Illinois state law says we can transport a firearm in
 

one of 3 conditions

 

1 unloaded and in a container

2 disassembled and non functioning state

3 out of reach / I suppose a trunk?

 

the statute for IL says to only meet one.

 

I was arrested by an Officer Randy McCranney with the CPD as he stated the law is to have the

 

- bag in the trunk

- a cannabis container from a IL dispensary that was sealed and closed in the vehicle makes my transport of the firearm unlawful although I am not carrying it concealed or while intoxicated

- Only transport it when going to a gun range

and that not having it there looks bad and warrants him to arrest me who has no criminal record for Misdemeanor Unlawful use of a weapon 

 

nowhere does the IL law state this is the law and if I had been aware that the Illinois law stating that I can carry it unloaded and in a container with a FOID was actually a crime, I wouldn’t have done it. 
 

if you call the Chicago police department I was arrested at +1 (312) 747-8366 and ask how a person with an FOID can transport their firearm, they will tell you different answers depending on the officer. One officer told me the bag must always be out of “reach” and another told me the firearms need to be in the trunk in a bag and the magazines inside of the vehicle in the glove compartment for this to be lawful.

I asked this officer where this is written and where I can follow this to have not gotten arrested since I was only aware of and following the Illinois FOID law which on September 11th I was pulled over by CPD and told by these officers I was doing everything right.

 

I am really interested in suing as this is not right. I now have a criminal record, firearm taken and unable to exercise my right to bear arms until my court date in December over a false arrest along with more than likely having a denial on my CCL application. I genuinely didn’t try to pull any funny business, the firearm was unloaded and in the bag since I left home and in the rear seat of my vehicle. I had visited a gun range the day before as well and genuinely thought of the firearm was just luggage in my vehicle since I am a licensed gun owner. I told the officers about the firearm immediately upon being pulled over and I was just as quickly arrested. The officers also gave feedback that the street I was pulled over on had a person firing an AR15 and running down the street the previous day, which I’m not sure how that justified my arrest as I’m sure a person with an AR15 In Illinois isn’t even legally buying firearms.

 

I seriously would like help, I launched a COPA complaint, and I would like to know my other avenues of approach because this is not right. I also would like to know if we can have CPD publish their interpretation of the gun law as I was literally given these officers personal interpretation for the first time ever, when I was being arrested. I simply believed meeting the one condition of unloaded and in a case warranted me to have the firearm, I was also told by other CPD officers on a date I remember that I was perfectly fine and doing the right thing. I wonder if I can get the body worn camera for this traffic stop in comparison to the one for my arrest to show the comparison between the two officers, who my arresting officer called an idiot.

[Chicago97]

Arrested by Officer Randy McCraney 002 District Badge Number 13257

[Chicago97]

I was charged with misdemeanor UUW and this is the statute

10) Carries or possesses on or about his or her

person, upon any public street, alley, or other public lands within the corporate limits of a city, village, or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, or taser or other firearm, except that this subsection (a)(10) does not apply to or affect transportation of weapons that meet ONE of the following conditions:
(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; or
(iv) are carried or possessed in accordance with

the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act.

 

 

 

 

// i highlighted the key words;

”one of three conditions” And the word “or”..

 

i don’t understand what law I was breaking…

also called the Illinois state police FSB number and it has an automated message that listed how to transport your firearm in Illinois and said the same exact circumstances I had my firearm in and was arrested for. I don’t understand how Chicago can create their own unwritten twist to the gun law that each officer in the department enforced differently and you only find out about if that officer doesn’t like how you look or something and now you’ve lost 30 hours of your life to jail and other rights infringed upon. I even told the officer since this is my first time hearing the law his way id gladly never bring the firearm outside since everybody else including officers from his same department on September 11th, and ISP said I was okay and I was only in this circumstances for believing the law was to be followed how it is written. Instead he would rather charge and arrest me. I didn’t do anything with bad intention and I was under the impression I was following the law. If the law for transporting your firearm in Chicago is different why don’t they officially publish it so Chicago residents will be aware?

 

to them I was a nobody just a simple two hour arrest in their shift but to me this was pure frustration and humiliation and a major set back for my life when I never did anything with negative intentions..

Edited October 15, 2024 at 02:10 AM by Chicago97

[Euler]

On October 14, 2024 at 09:05 PM CDT, Chicago97 said:→

...
i don’t understand what law I was breaking…
...

Based on your story, you did not break any law. Although your trunk counts as a container under IL law, a paper bag also counts as a container under IL law.

Do not expect cops to know the law. Sadly, do not expect judges to know the law, either, so get a lawyer and make sure he knows the law. Cops, prosecutors, defense lawyers, and judges are used to dealing with guilty people. They have difficulty handling innocent people, so they'll probably try to cut you a deal, which is what they'd do for a guilty person.

Do not ask CPD, ISP, or any other cop to interpret the law for you. They are not lawyers. They are especially not your lawyer. They are not even on your side.

Do not try to argue the law with a cop. You cannot talk yourself out of an arrest. You can only talk your way into one.

[ealcala31]

There was a case in Peoria where a guy had his revolver in his console and the ammo in his glove box, or vice versa. He was found not guilty and that is why they list so many 'different' compartments that a firearm can be stored in. If you hire a 2nd Amendment Attorney, you should beat this case. The law is on your side unless that particular officer or the SA got a bone to pick with you. There are lawyers in this forum that you might want to have a consultation with. Good luck and keep us posted. 

 

Edit: the 2 firearms and the ammo were both in the console.

Edited October 15, 2024 at 02:59 AM by ealcala31

[ealcala31]

Here's the case:

https://www.pjstar.com/story/news/crime/2009/10/08/high-court-rules-guns-can/42315963007/

[Chicago97]

I appreciate the input, and I honestly believe that this won't result in a conviction, but the loss of my right to bear arms all the way until the end of December and the loss of me having no arrest record and w/ my CCL application at 30 days, I'm sure I'll receive a denial on that end. The loss of my legally owned firearm. Is this just a lesson learned where there was no lesson to learn or can there be repercussions for the officer for making a false arrest and seizure?

[ealcala31]

On 10/14/2024 at 9:59 PM, Chicago97 said:

I appreciate the input, and I honestly believe that this won't result in a conviction, but the loss of my right to bear arms all the way until the end of December and the loss of me having no arrest record and w/ my CCL application at 30 days, I'm sure I'll receive a denial on that end. The loss of my legally owned firearm. Is this just a lesson learned where there was no lesson to learn or can there be repercussions for the officer for making a false arrest and seizure?

Right after you beat the case, hopefully, I'd sue. Chicago pays out stupid claims all the time. Sue for false arrest, denial of CCL because of false arrest, and the cost & time of expunging this particular case. You might just get 10K to go away. Who knows. I took a criminal justice class at Daley College about 10yrs ago. My professor was a retired CPD. He said they raided the wrong house and the lady whose house they broke into, was wearing lingerie. She sued and said she was naked. Chicago paid her 50K. My professor told the boss why did Chicago pay the claim when she was not naked. He said it was cheaper to pay the 50K than to litigate it for 2-5yrs. Crazy, huh...

Edited October 15, 2024 at 04:05 AM by ealcala31

[burningspear]

Chicago 97, 

Hire an attorney. Period. Full stop.

[gunuser17]

Everything that you say here is an admission against your interest.  Delete your post and get a lawyer today.

[ragsbo]

I know it feels good to rant and rave about getting screwed over, but it can be used against you. Get a LAWYER YESTERDAY and do exactly what they tell you to. Good luck and let us know what happens- after it is all said and done. Sic em!

 

[Bitter Clinger]

Yep, get a lawyer, beat the bogus charge, then sue them.

 

Unlawful arrest and violation of rights at a minimum.

Also,they need to pay damages.  $50K at LEAST, plus court costs and legal fees.

And a guarantee that this arrest will be expunged.

 

DON'T SETTLE.

You did nothing wrong and were falsely arrested.

 

[Jeffrey]

On 10/16/2024 at 10:14 AM, Bitter Clinger said:

Yep, get a lawyer, beat the bogus charge, then sue them.

 

Unlawful arrest and violation of rights at a minimum.

Also,they need to pay damages.  $50K at LEAST, plus court costs and legal fees.

And a guarantee that this arrest will be expunged.

 

DON'T SETTLE.

You did nothing wrong and were falsely arrested.

 

Chicago has more than 50k for all the emotional distress this poor human being was forced to go through.  

[Bitter Clinger]

On 10/16/2024 at 10:32 AM, Jeffrey said:

Chicago has more than 50k for all the emotional distress this poor human being was forced to go through.  

 

I was originally gonna say $100K, but I'm thinking realistically about what he could get.

Hopefully, the lawyer can steer him toward an amount they have a possibility of getting.  The more the better.

 

[Bubbacs]

Did Randy just random pull you over for a little sneak n peek?  Cause I'm thinking there is a paragraph or two left out!

[Chicago97]

Tag issues / license plate.

[crufflesmuth]

On 10/14/2024 at 8:47 PM, Chicago97 said:

Hello all, I made the mistake of having my firearm in my car unloaded and inside of a book bag.

the book bag had the firearm in one part, unloaded and empty with no magazine in it at all and also with the slide locked open w/ guard back to show that it is empty.

 

in another compartment of book bag there was located one loaded magazine. The compartment had its own seperate zipper and was completely separated by a layer of material and fabric within the book bag between the handgun and magazine compartment. 
 

the book bag was in my back seat.

 

the Illinois state law says we can transport a firearm in
 

one of 3 conditions

 

1 unloaded and in a container

2 disassembled and non functioning state

3 out of reach / I suppose a trunk?

 

the statute for IL says to only meet one.

 

I was arrested by an Officer Randy McCranney with the CPD as he stated the law is to have the

 

- bag in the trunk

- a cannabis container from a IL dispensary that was sealed and closed in the vehicle makes my transport of the firearm unlawful although I am not carrying it concealed or while intoxicated

- Only transport it when going to a gun range

and that not having it there looks bad and warrants him to arrest me who has no criminal record for Misdemeanor Unlawful use of a weapon 

 

nowhere does the IL law state this is the law and if I had been aware that the Illinois law stating that I can carry it unloaded and in a container with a FOID was actually a crime, I wouldn’t have done it. 
 

if you call the Chicago police department I was arrested at +1 (312) 747-8366 and ask how a person with an FOID can transport their firearm, they will tell you different answers depending on the officer. One officer told me the bag must always be out of “reach” and another told me the firearms need to be in the trunk in a bag and the magazines inside of the vehicle in the glove compartment for this to be lawful.

I asked this officer where this is written and where I can follow this to have not gotten arrested since I was only aware of and following the Illinois FOID law which on September 11th I was pulled over by CPD and told by these officers I was doing everything right.

 

I am really interested in suing as this is not right. I now have a criminal record, firearm taken and unable to exercise my right to bear arms until my court date in December over a false arrest along with more than likely having a denial on my CCL application. I genuinely didn’t try to pull any funny business, the firearm was unloaded and in the bag since I left home and in the rear seat of my vehicle. I had visited a gun range the day before as well and genuinely thought of the firearm was just luggage in my vehicle since I am a licensed gun owner. I told the officers about the firearm immediately upon being pulled over and I was just as quickly arrested. The officers also gave feedback that the street I was pulled over on had a person firing an AR15 and running down the street the previous day, which I’m not sure how that justified my arrest as I’m sure a person with an AR15 In Illinois isn’t even legally buying firearms.

 

I seriously would like help, I launched a COPA complaint, and I would like to know my other avenues of approach because this is not right. I also would like to know if we can have CPD publish their interpretation of the gun law as I was literally given these officers personal interpretation for the first time ever, when I was being arrested. I simply believed meeting the one condition of unloaded and in a case warranted me to have the firearm, I was also told by other CPD officers on a date I remember that I was perfectly fine and doing the right thing. I wonder if I can get the body worn camera for this traffic stop in comparison to the one for my arrest to show the comparison between the two officers, who my arresting officer called an idiot.

 

 

1. Good on the COPA complaint

2. There is no other avenue of approach. Once you have been falsely arrested and charged, you will have to litigate this case with

    an experienced attorney - from the civil rights lawsuit to your defense in court.

3. Stop listening to police officers. They are not experienced with the CCL law. Do not call the "hotline".

    A variety of answers is not sound advice. At minimum, your CCL instructor should be the start and endpoint for "advice".

4. Besides a civil rights lawsuit in federal court a typical person would see you need to litigate now in addition to getting 

    a good criminal defense attorney

5. Be prepared to spend weeks obtaining body camera footage. Especially while working within Class A Misdemeanor territory.

 

General PSA:

 

Talk to your CCL Instructor or a criminal defense attorney so you know the law from people that 

are invested and have your interests at heart and something to lose. The police are not attorneys.

They cannot give legal advice - at least not the ones that are not already retired and

perhaps teaching a CCL course.

 

 

    

 

Edited October 18, 2024 at 04:13 PM by crufflesmuth

[Tvandermyde]

you are protected by Diggins and the law. unloaded enclosed in a case. 

 

get a good criminal lawyer I can recommend one down there and then I would tee up a 1983 action

 

get copies of the police reports and any body cam footage that might show him searching the bag and the gun being in the bag and unloaded

 

[Dumak_from_arfcom]

All of what Todd said. 

 

This was a bogus arrest.  You were legal.  Sadly, you need a lawyer and don't rely on a public defender.  Do not take any deals they offer you and make sure your lawyer knows the gun laws. Many of them don't.  

 

You'll be able to 1983 them. You are getting paid after you beat this, but you'll have to keep your cool and go through the process.  Make sure your lawyer gets an expungement of the arrest.  

 

 

[TomKoz]

Are you a member of USCCA or similar?

Wouldn’t they defend you against something like this?

[mab22]

So while “weed” is somewhat legal/decriminalized in Illinoisistan, it’s still illegal at the federal level. 
Why it matters, because there have been all sorts of notices and comments about the 4473 and “misspeaking” on the form regarding the use of illegal substances. That’s an ask your attorney question,  how weed and firearms mix at the federal level. 
Keep in mind the police can always refer the arrest or citation to the feds, which won’t give 2 craps about “Illinoisistan” and it’s decriminalizing of weed. Hopefully CCL instructors are discussing this with their students.

 

You can thank senators like democrat Don Harmon for the issue as he gets to line his pockets from the pot industry lobbying groups, and take money from the anti gun groups at the same time. It all works out nicely for him.

 

 

[MOONMAN]

Pretty sure its the WEED n guns that combo that will make you want to find a 2A lawyer?

 

Edited November 2, 2024 at 11:39 PM by MOONMAN
misspell

[John Q Public]

Get a Lawyer, I'll not say anything other than that here. Everything written, by you, or us, could be used against you. My advice, to you and others who may find themselves at odds, is never write down anything, or talk to anyone, where is can bite you in the rear, like public domain, (here or social media) or anyone who may be deposed. Friends etc. 

 

You will never talk yourself out, only further in.

 

Stop talking call the lawyers.

 

 

 

Edited November 3, 2024 at 02:41 PM by John Q Public

[Chicago97]

Case dismissed yall judge read the statute of one of three conditions unloaded and enclosed in a case I had a public defender who even quoted that one case in 2009 involved a center console which has only a latch and is right beside the drivers arm and that case was dropped. Basically told the officer everything I was saying when he arrested me. Been fighting this since October. I really thank god. After leaving the court I told the officer why couldn’t you just listen to me that night and let me go back home?

Watch out for Randy McCraney from the CPD. Black man hating his own kind arresting someone with no arrest record for an unloaded legally owned gun. Clown.
shout out my public defender

[davel501]

On 6/12/2025 at 2:13 PM, Chicago97 said:

Case dismissed yall judge read the statute of one of three conditions unloaded and enclosed in a case I had a public defender who even quoted that one case in 2009 involved a center console which has only a latch and is right beside the drivers arm and that case was dropped. Basically told the officer everything I was saying when he arrested me. Been fighting this since October. I really thank god. After leaving the court I told the officer why couldn’t you just listen to me that night and let me go back home?

Watch out for Randy McCraney from the CPD. Black man hating his own kind arresting someone with no arrest record for an unloaded legally owned gun. Clown.
shout out my public defender

 

Time to file a lawsuit. 

[burningspear]

I sometimes fear the police more than I fear the bad guy. Also, I understand the reasons many members of the community do not cooperate with the police...a lack of trust.

[ealcala31]

I saw you posted this in IL Guns SubReddit. Good for you! 2A...

[mauserme]

On 6/12/2025 at 2:13 PM, Chicago97 said:

Case dismissed yall judge read the statute of one of three conditions unloaded and enclosed in a case I had a public defender who even quoted that one case in 2009 involved a center console which has only a latch and is right beside the drivers arm and that case was dropped. Basically told the officer everything I was saying when he arrested me. Been fighting this since October. I really thank god. After leaving the court I told the officer why couldn’t you just listen to me that night and let me go back home?

Watch out for Randy McCraney from the CPD. Black man hating his own kind arresting someone with no arrest record for an unloaded legally owned gun. Clown.
shout out my public defender

 

Congratulations!

 

This should never have happened but at least it's behind you now.

 

 

[davel501]

On 6/13/2025 at 10:55 AM, burningspear said:

I sometimes fear the police more than I fear the bad guy. Also, I understand the reasons many members of the community do not cooperate with the police...a lack of trust.

 

Don't talk to the police. There is no such thing as cooperation. It's just assisting in their investigation. 

[JTHunter]

On 6/13/2025 at 10:55 AM, burningspear said:

I sometimes fear the police more than I fear the bad guy. Also, I understand the reasons many members of the community do not cooperate with the police...a lack of trust.

 

AGREED !!  "B.T.,D.T."  Had a "local" pull something similar with me.  He even had the gall to say "I don't care about the law !  I'm gonna book you anyway."  Got to court and the partner testified to finding the cylinder of this revolver in my pant's pocket - meaning the gun was "disabled".  Case dismissed.