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Thread: Flying to Chicago stop over

  1. #1
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    Flying to Chicago stop over

    I know Chicago is a living nightmare. So has any one " heard " of any one flying into Chicago as a stop ( same plane ) to their final firearms allowed destination state? From what I have read it is

    1. Do not even think about it.

    2. Do not even think about it.

    3. Do not even think about it.

    4. Think about it, but dont try it.


    I really feel for any one living in Illinois. I am just passing through. Can not even imagine living there. I thought we were the United States. Not United when it comes to gun laws.

    Thanks in advance for any feedback.

  2. #2
    State Researcher lockman's Avatar
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    You should have no problems as out of state residents you enjoy the limited transport opportunities afforded Illinois FOID card holders. If passing through Chicago and not staying more than 24 hours you should have no problem there either. The Illinois rule at it's simplest is unloaded and in a case. Loaded ok in your home property, hotel/motel room, or any specific place that you have permission to have a firearm by the owner.

  3. #3
    Activist Member swinokur's Avatar
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    DOJ says it's ok. IANAL

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    I think the trouble comes in place if for some reason you have to collect your luggage and then declare to board another flight. Lets say there is a problem with the aircraft , usually the airlines will collect your checked bags and transfer them to another flight that same day. If I am delayed overnight , then plan B which I will keep quiet. I have read several posts on other web sites informing that Chicago is no problem as long as you do not declare on a layover or collect your bags.

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    Activist Member swinokur's Avatar
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    If you have to lay over, explain the issue to the airline and have them store the luggage or have them make arrangements for someone (skycap?) to do it.

    Bottom line, don't take possession and you should be ok

    IANAL

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    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by swinokur View Post
    If you have to lay over, explain the issue to the airline and have them store the luggage or have them make arrangements for someone (skycap?) to do it.

    Bottom line, don't take possession and you should be ok

    IANAL
    I can't speak for others, but I flew between Chicago O'Hare and LAX and returned with a checked firearm 2 years ago. No issues at all.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  7. #7
    Campaign Veteran ComradeV's Avatar
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    I declared a firearm at ORD and it was no worries

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    Regular Member xc9subcompact's Avatar
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    Based on everything I have read here and elsewhere, when you are stopping in Chicago and just making a plane change, unless you collect your luggage and leave the airport and stay inside the jurisdiction of Chicago, you are protected by FOPA. There is nothing in IL law that prevents a non resident of IL from traveling with a firearm, as long as it is cased IAW IL law.

    I recognize a recent case where someone was faced with charges in NY (or NJ) over an issue of an unplanned overnight stay. Based on the articles that spoke of the court proceedings, here is what I would do:

    If someone was faced with a situation where they were going to have to stay overnight in the limits of Chicago due to a airplane mechanical problem or WX cancellation and were going to need to retrieve baggage that contains a firearm, I suggest leaving the baggage on the carousel and summoning the police, explain to them the situation and attempt to work out a way for them or the airline to hold the firearm, which is supposed to be in a locked case anyway. (good faith attempt to comply with Chicago law) If they refused to help, I would retreive the firearm and leave the city limits of Chicago to a hotel (that probably costs way less than on in the city), then upon return when the luggage must be rechecked, there would be proof that it was kept outside Chicago during the overnight stay. FOPA would then apply.

    Realize that the police in Chicago have no idea what is in your baggage and no one is going to know what you have until you come into the terminal to declare the firearm when you return. That is when you need proof you started the day somewhere outside Chicago. (if the airline agent rats you out to the cops)
    Last edited by xc9subcompact; 03-02-2012 at 01:06 PM.

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    Activist Member swinokur's Avatar
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    FOPA applies to states, not cities. Leaving Chicago doesn't really help in this situation IMO. Have the airline stow the luggage. It's in their custody anyway.

    The case you refer to is Revell vs Port Authority of NY and NJ.

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    Regular Member xc9subcompact's Avatar
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    It is only Chicago that is an issue. It is 100% legal to walk into ORD.MDW and declare you are in possession of a firearm to the ticket agent, provided you came from somewhere outside the jurisdiction of Chicago. Being in possesion of a firearm in IL is OK. Traveling from some other state or to some other state makes FOPA come into play. Chicago cannot prohibit transportation of a firearm thru the City/ORD/MDW. They can try to accuse someone of staying in Chicago while in possession of a firearm where a permit is required. The proof of staying outside the jurisdiction is what gets one off the hook. That way one did not "reside" in Chicago.
    It is hard NOT to come into possession of your firearm if it is inside the same luggage as your underwear and you need to go to the hotel for the night. The airline is going to dump your luggage onto the carousel if the flight turns into an overnight. Nobody is going to leav it there going around in circles all night long.

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    Quote Originally Posted by ComradeV View Post
    I declared a firearm at ORD and it was no worries
    I had the same experience. The grumpy old Chicago cop stationed behind the TSA check desk seemed none too pleased, though!
    Last edited by ManInBlack; 03-02-2012 at 01:36 PM.

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    Ohare

    FYI even though Ohare isnt in the city limits of Chicago its controled by the city of Chicago. The city has complete control of Ohare includeing the vendors and police

  13. #13
    Activist Member swinokur's Avatar
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    I would think the airline has more of a vested interest in your bag's security than LE would. Hence my suggestion to have the airline secure it.

    If you start outside of Chicago but in IL with a weapon in your bag, are you now not concealing the weapon?

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    Regular Member xc9subcompact's Avatar
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    Omg

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    Campaign Veteran ComradeV's Avatar
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    Transporting unloaded firearms is perfectly legal for non-residents and legal with a FOID for residents.

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    Activist Member swinokur's Avatar
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    Even if a non resident starts his trip in IL?

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    I may goto indiana in june and might have a quick layover [an hour or two], can i get a link to illinois firearm laws?

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    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by Phillip Denton View Post
    I may goto indiana in june and might have a quick layover [an hour or two], can i get a link to illinois firearm laws?
    If you have a license to conceal, this would effectively serve as a FOID since you are a visitor.
    see: http://goo.gl/U7Cwr

    This link has links to just about everything you'd need to know about Illinois gun law. I have traveled many times in Illinois legally with my firearm with me and, if you have any other questions, feel free to PM me.

    http://www.handgunlaw.us/states/illinois.pdf

    And here is one for your time in Indiana: http://www.handgunlaw.us/states/indiana.pdf

    You can look up any sate's laws here: http://www.handgunlaw.us/ This website is a fairly good "go-to" reference for the US.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  19. #19
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by swinokur View Post
    Even if a non resident starts his trip in IL?
    Yes, if certain requirements are met, the law is covered pretty well in the 1st link posted above. Yes, it is a court case, but they detail it. Also, since you are going to go through Chicago, a look at the city's laws are wise to be sure you are good to go.
    see Article II, 8-20-085, and 8-20-140 at this link, you could be exempt under any of the provisions.
    http://www.isp.state.il.us/docs/ordinances/chicago.pdf
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  20. #20
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    thank you for the info

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    Quote Originally Posted by xc9subcompact View Post
    It is only Chicago that is an issue. It is 100% legal to walk into ORD.MDW and declare you are in possession of a firearm to the ticket agent, provided you came from somewhere outside the jurisdiction of Chicago. Being in possesion of a firearm in IL is OK. Traveling from some other state or to some other state makes FOPA come into play. Chicago cannot prohibit transportation of a firearm thru the City/ORD/MDW. They can try to accuse someone of staying in Chicago while in possession of a firearm where a permit is required. The proof of staying outside the jurisdiction is what gets one off the hook. That way one did not "reside" in Chicago.
    It is hard NOT to come into possession of your firearm if it is inside the same luggage as your underwear and you need to go to the hotel for the night. The airline is going to dump your luggage onto the carousel if the flight turns into an overnight. Nobody is going to leav it there going around in circles all night long.
    Hate to say this but Ohare is part of chicago.Hence all the CPD at the airport and few know it but theres a ribbon of hard land physicaly connecting Ohare To chicago.It runs right through the western burbs and across manhiem road right into Ohare.Look at the local maps to verify.Technicaly if your in Ohare your in chicago same for Midway Airport.As for my experience traveling with a weapon at Ohare its a pain in the butt.The last time I declared the weapon I had 3 supervisors and a couple of cops watching me and they had me open the case 3 times and then follow them to the xray and conveyor.I will say heres a tip, if you see a skycap while waiting inline tell them you have a gun to declare.Each time I did I got moved to the front of the line.And if your there with your bags after a flight go on do your buisness and dont mention you got a gun. I've been there a number of times and had no probs getting out of the airport it was just coming back for my flight that sucked to get home.Also once your off the plane with your bags why say anything to anyone where your going or you got a gun in your bag? I lived in that crooked state on the northside of chicago 43 years and didnt tell anyone I had guns.

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    Quote Originally Posted by birdman46g View Post
    FYI even though Ohare isnt in the city limits of Chicago its controled by the city of Chicago. The city has complete control of Ohare includeing the vendors and police
    Look at a map theres a ribbon of hard land connecting the city to Ohare.It was planned long ago when built. The same for Midway Airport too.

  23. #23
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    Quote Originally Posted by DrTodd View Post
    Yes, if certain requirements are met, the law is covered pretty well in the 1st link posted above. Yes, it is a court case, but they detail it. Also, since you are going to go through Chicago, a look at the city's laws are wise to be sure you are good to go.
    see Article II, 8-20-085, and 8-20-140 at this link, you could be exempt under any of the provisions.
    http://www.isp.state.il.us/docs/ordinances/chicago.pdf
    Go to the link and you can get Chicago ordinances, as ComradeV says transporting in Illinois is not a problem for non-residents. Illinois actually has some good transport laws, some local ordinaces may not be as good. In Illinois you can transport an unloaded handgun in a case along with a loaded magazine. Yes this is "unloaded" in Illinois, it may not be in your state. This applys in your vehicle as well. The ISP website has the transport requirements. WARNING: Don't expect every ISP trooper to know the law. Solution to this problem is if stopped you never consent to a search. If they ask do you have any guns in your vehicle the best answer is "I have nothing illegal in my vehicle!" Their next question may be may be"You say you have nothing illegal,right, may I search your vehicle?" The best answer is No I do not consent to a search!"

  24. #24
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    Quote Originally Posted by junglebob View Post
    Go to the link and you can get Chicago ordinances, as ComradeV says transporting in Illinois is not a problem for non-residents. Illinois actually has some good transport laws, some local ordinaces may not be as good. In Illinois you can transport an unloaded handgun in a case along with a loaded magazine. Yes this is "unloaded" in Illinois, it may not be in your state. This applys in your vehicle as well. The ISP website has the transport requirements. WARNING: Don't expect every ISP trooper to know the law. Solution to this problem is if stopped you never consent to a search. If they ask do you have any guns in your vehicle the best answer is "I have nothing illegal in my vehicle!" Their next question may be may be"You say you have nothing illegal,right, may I search your vehicle?" The best answer is No I do not consent to a search!"
    A brochure can be downloaded from the ISP website titled "How to legally transport your firearm in Illinois" . Unlike NJ or NY you don't get horror stories about non-residents flying in or out of OHare or Midway with firearms. Maybe you'll get a frown from that Chicago cop, so be it.

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