I have a Facebook page " Illinois Open Carry ". I received a private message that asked a question, that after reading our statute really cant answer. I posted the following question there, and am posting it here as well:
Is open carry in Illinois hidden in plain sight? I received the following in a Private Message. It got me thinking. In a vehicle it seem the firearm must be unloaded and enclosed in a case, but the prohibition for carrying a firearm only seems to be if it's concealed. Can anyone find anywhere in the Illinois statutes that disputes or modifies this? From the message:
" I was wondering did you ever get around to looking into Illinois statute 720 ILCS 5 24 a(4), that states... A person commits the offense of unlawful use of weapons when he knowingly: Carries or possesses in any vehicle or CONCEALED on or about his person except when on his land or in his 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.
I was born ane raised in Illinois, before I moved to Virginia. I am an open carry advocate, a NRA firearms instructor, and I also run a small business that makes gun holsters. I have many friends that are FOID holders in Illinois, and are very qurious about the answer to this debate amongst us. Your response/ assistance in this matter would be greatly appreciated. Thank you "
Obviously the NRA, ISRA, or the " Website that shall not be named " would not want this known because it would interfere with their giving away all our other 2A rights in trade for Concealed Carry. But, do we, and have we always had the right to OPEN CARRY?
I believe the law you are looking for describes how a firearm may be transported. If not in the fashion described in the law it is illegal. Open carry does not fall into the details for transporting a firearm. Actually concealed carry has always been legal in Illinois as long as the law for transportation is followed. Not that a unloaded gun is any good whether open or concealed.
How do I legally transport a firearm on my person or in my vehicle?
In order to comply with the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act, when transporting a firearm, it must be:
broken down in a non-functioning state; or
not immediately accessible; or
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.
Above is from ISP website http://www.isp.state.il.us/foid/firearmsfaq.cfm
Last edited by WalkingWolf; 03-28-2013 at 04:59 PM.
Originally Posted by Primus
Section 10 of the UUW law also prohibits open carrying a firearm unless it's " broken dow, in accessible, or un-loaded and enclosed in a case inside any city, town or village incorporated limits.
https://docs.google.com/viewer?url=h...cs%2F1-154.pdf <- Lot's of changes actually. No more reference to persons with a FOID card. Legal non residents can transport the same. It also states you can have the case on or about your person, and that you can have loaded magazines in the same compartment of the case, just not in the well.
Last edited by kurt555gs; 03-28-2013 at 06:46 PM.
One more Illinois issue. Even where it is legal to open carry, you will be arrested anyway. The actual law doesn't really matter much here.
Of course, there is another section of the law that makes possession of a loaded firearm, concealed or not, illegal (subject to exceptions) inside any incorporated area, city, town, etc. Pretty much, open carry (absent local restrictions) would appear to be legal only in rural areas, much like California is now.
DISCLAIMER: I am not a lawyer. None of the above information is, or should be construed as, legal advice. I accept no liability for any actions that a person may or may not take based upon this information. For legal advice, consult an attorney licensed to practice law in your jurisdiction.
"Eternal vigilance is the price of liberty."
"All that is necessary for evil to triumph is for good men to do nothing."
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Ben Franklin
Originally Posted by Primus
I believe OC is legal on private property. My brother lives near Rockford and says the gun shop they frequent, the emloyees are all OCing. Plus they had an OC meetup at some gun store where the public was invited to attend and OC.
Open Carry is only allowed for people actively hunting. The reason for the 7th District Court's ruling last December is that only Illinois also bans Concealed Carry.
That is expected to change on June 9th, 2013.
That is when Judge Posner's injunction goes into effect, barring Illinois from enforcing the "unlawful use" statutes. If - repeat IF - there is no law on the books by then, Illinois will have "Constitutional Carry" for every person that has a FOID card.
Unfortunately, that piece of "claptrap" is still valid.
Originally Posted by Primus
I have been pondering this for a while, but how is it even logically allowable for a law that has been found unconstitutional to still be used against state citizens? How is it that people who were previously convicted by this unconstitutional law still have to serve their time and still have a record of violating an unconstitutional law? Allowing the rights of citizens to continue to be violated until they come up with likely another way to violate people's rights is ridiculous.
A bullet may have your name on it, but shrapnel is addressed to whom it may concern.
Why open carrying is a good idea: http://forum.pafoa.org/open-carry-14...encounter.html
regret being tipsy
regret being tipsy then getting in your car
regret being tipsy and arguing with your partner
regret that being tipsy probaby lead to this and many other times you had these arguments with your partner
regret that being tipsy probably lead this argument to being so loud and so long that somebody called he cops
regret that being tipsy lead to a domestic dispute, called in to the cops, to find you in your motor vehicle,
with your gun in you pocket, and a mad partner, and cops that had to interupt their real jobs to deal with you!
some people should not have guns and drink
some people should not drink and have guns
some people should not have guns
some people should not drink!!!
Which one of these people are you??? Really?
EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....
“If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”
Stand up for your Rights,, They have no authority on their own...
All power is inherent in the people,
it is their right and duty to be at all times ARMED!
I was negligent on handling the gun, due to 2 car robberies and a stolen vehicle within the same yr. I got me a gun. I wasn't tipsy to the point you would notice as the cops didn't i was calm, just forgot about the gun. If that the case I would've just through the gun in the trunk from the inside. But I was trying to stop someone from driving drunk really driving my car car home. but the cops let a drunk person leave and drive off, but detain me because I had my gun on me. that person driving drunk could've killed someone as Illinois has strict dui laws... but they let that person take possession of the keys and when they left the premises she left. I always loaded my gun when carrying it from my car to inside my home, I didn't know if I was going to get rob, stabbed, or shot since whoever loved breaking into my car. I had police reports to show why I got the gun. They even got the statements from the "drunk person" stating yes I was keeping them from driving and that they were drinking too much that night, but all that didn't matter.
EDIT: I regret arguing, I should've just let that person drive off and not care about their well being or anyone else... last I heard friends don't let friends drive drunk.
Last edited by bjm; 05-31-2013 at 01:35 AM.
I said move from Illinois because the government of Illinois has a pronounced progressive lean. If they could get away with communism they would.
In some if not many of the states you can still own a antique firearm which are very capable for self defense. Keep in mind if you get caught carrying one it may be treated as a firearm, and not antique. Illinois treats antique firearms as firearms, you are prohibited in Illinois.
Originally Posted by Primus
I'm looking for some help to help other people in my situation here in Illinois. Would it be best to get a petition going or file a lawsuit against the state of Illinois, because anyone who held a FOID card and became a felon over an unconstitutional law is unjust and should be granted to have there case turned over or at the least an expungement instead of a pardon, which will then go against violent crimes not being able to be expungement but how the hell is an UUW a violent crime if all you did was have it on you (not in use). This situation really needs to be heard from higher power.
bjm - sorry about your troubles but yes, you are going to need a good lawyer and the sooner the better.
Moving out of state may not help, esp. as far as the federal NICS check goes.