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Thread: Car CC from out of State

  1. #1
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    Car CC from out of State

    I have been reading through the new carry law for you guys in IL. Man, it is LONG and Confusing... From what I read, because I come from KY and am authorized to carry in my state without any permits I can legally conceal my firearm in my car while in IL. Have any of you reading through it understood it the same way?

    I am curious because I travel to Chicago 8-10 times a year for work, and would love to be able to bring my gun with me and at least have it in my car legally. I will probably look into getting a non-resident permit eventually so I can carry it on me, but it may take some time to learn all the places I couldnt bring it.

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    Re: Car CC from out of State

    Yes. If you are a non resident from any state with a permit/license to carry OR are a non resident have NO permit and are from any of the 24? States that allow unlicensed open carry somewhere in the state then you can carry a loaded handgun in your vehicle while in Illinois. Outside of your car it's "unloaded and enclosed in a case" the same as us Illinois residents.

    If you are a non resident without a permit be wary of GFZ's.

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    Last edited by kurt555gs; 07-14-2013 at 02:59 PM.

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    Has there ever been a case where someone was charged purely with a violation of the GFZ? I have interacted with officers in KY close enough to a school to be a GFZ, but they dont really care as long as I'm not going on property and walking around with it. At least from what I've seen.

    Do you think the IL police will be move active in looking out for that?

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    Re: Car CC from out of State

    Quote Originally Posted by JTHunter View Post
    Flounder - here are two links to the FAQs on the ISP website.
    One is for general info/FOID questions. The second is specific to CC and will change with time so you might like to "bookmark" it.
    As for being in Crook County with a loaded firearm, uh, is worth the risk and hassle?


    http://www.isp.state.il.us/foid/firearmsfaq.cfm

    http://www.isp.state.il.us/firearms/ccw/ccw-faq.cfm
    Neither of these links address "Car Carry" which I explained in my above post.

    PA 098-0063 Section 40 e) 1).

    (e) Nothing in this Act shall prohibit a non-resident from
    transporting a concealed firearm within his or her vehicle in
    Illinois, if the concealed firearm remains within his or her
    vehicle and the non-resident:
    (1) is not prohibited from owning or possessing afirearm under federal law;
    (2) is eligible to carry a firearm in public under the
    laws of his or her state or territory of residence; and
    (3) is not in possession of a license under this Act.
    If the non-resident leaves his or her vehicle unattended,
    he or she shall store the firearm within a locked vehicle or
    locked container within the vehicle in accordance with
    subsection ( b ) of Section 65 of this Act.

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    Last edited by kurt555gs; 07-18-2013 at 08:49 AM.

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    Quote Originally Posted by JTHunter View Post

    As for being in Crook County with a loaded firearm, uh, is worth the risk and hassle?

    Im sitting in my hotel right now planning my day around downtown, and with the accounts I'm visiting, I couldnt even CC if I had a permit! Worth the Risk and Hassle? ABSOLUTELY. If you feel that its not you may want to rethink WHY you are carrying.

    As for leaving it in my car, I think my question was answered and I plan on bringing it when I am back up here next month.

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    Re: Car CC from out of State

    You can "container transport" every where in Illinois as of last week. Unloaded and enclosed in a case with loaded magazines. Car carry is only for noon resident though.

    Carthago Delenda Est

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    [QUOTE=kurt555gs;1961317]You can "container transport" every where in Illinois as of last week. Unloaded and enclosed in a case with loaded magazines. Car carry is only for non-resident though.

    Carthago Delenda Est[/QUOTE

    If anyone wants to read the law go to ilga.gov and click on compiled statutes, then on 098-0063, that is the carry bill, which started as an electronic transfer terminal bill, hence that title.

    The Chicago police chief has given his officers the text of the bill, and told them the law supersedes previous ordinances.
    Last edited by junglebob; 07-17-2013 at 08:36 PM.

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    Quote Originally Posted by kurt555gs View Post
    States that allow unlicensed open carry somewhere in the state then you can carry a loaded handgun in your vehicle while in Illinois. Outside of your car it's "unloaded and enclosed in a case" the same as us Illinois residents.

    If you are a non resident without a permit be wary of GFZ's.

    Carthago Delenda Est
    So let me make sure I understand your statement...

    Iowa law requires a permit to carry in an incorporated city. In a non-incorporated city, no permit is required. So, because of the latter portion of the law, I can legally carry my pistol in and around Illinois? Or is it just in the car?

    I have read through most of that mess they call a law, and have been unable to acertain whether or not open carry is legal. So, if someone could provide a link and the quoted section regarding open carry, I would appreciate it.

    ATA: Does Illinois have a stong premption law?
    The only terrorists I see nowadays are at the Capital.


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    Even if you just read the bolded parts, you should get the jist of it

    Quote Originally Posted by Tucker6900 View Post
    So let me make sure I understand your statement...

    Iowa law requires a permit to carry in an incorporated city. In a non-incorporated city, no permit is required. So, because of the latter portion of the law, I can legally carry my pistol in and around Illinois? Or is it just in the car?

    I have read through most of that mess they call a law, and have been unable to acertain whether or not open carry is legal. So, if someone could provide a link and the quoted section regarding open carry, I would appreciate it.

    ATA: Does Illinois have a stong premption law?
    There is no section regarding open carry to quote. Yes, IL has preemption, but it sucks:
    Section 90. Preemption.The regulation, licensing, possession, registration, and
    transportation of handguns and ammunition for handguns by
    licensees are exclusive powers and functions of the State. Any
    ordinance or regulation, or portion thereof, enacted on orbefore the effective date of this Act that purports to imposeregulations or restrictions on licensees or handguns and
    ammunition for handguns in a manner inconsistent with this Act
    shall be invalid in its application to licensees under this Act
    on the effective date of this Act. This Section is a denial and
    limitation of home rule powers and functions under subsection
    (h) of Section 6 of Article VII of the Illinois Constitution
    It has about as much teeth as Iowa's preemption. Open Carry in Illinois is illegal, with very few exceptions(LE, judges and other friends/members of the bar) I'll write this post specifically addressing you(an US citizen, Iowa resident) If you travel in, to and/or through Illinois, you may have a concealed loaded handgun with you in your vehicle while traveling. If you exit the vehicle you must unload the handgun before exiting the vehicle you must encase the handgun, make sure it is unseen and locked in the vehicle, or you may just encase it(glove compartment and center console count) and lock the vehicle. There is an exemption for carrying it uncased and unloaded immediately outside the vehicle, but only for the purpose of retrieving or storing the handgun.

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    Section 90. Preemption.The regulation, licensing, possession, registration, and
    transportation of handguns and ammunition for handguns by
    licensees are exclusive powers and functions of the State. Any
    ordinance or regulation, or portion thereof, enacted on orbefore the
    effective date of this Act that purports to imposeregulations or restrictions on licensees or handguns and
    ammunition for handguns in a manner inconsistent with this Act
    shall be invalid in its application to licensees under this Act
    on the effective date of this Act. This Section is a denial and
    limitation of home rule powers and functions under subsection
    (h) of Section 6 of Article VII of the Illinois Constitution
    I dont know, this looks alot more strict than Iowa preemption. This one actually states that no home rule power is granted to regulate.
    Last edited by Tucker6900; 07-18-2013 at 11:52 AM.
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    Quote Originally Posted by Tucker6900 View Post
    I dont know, this looks alot more strict than Iowa preemption. This one actually states that no home rule power is granted to regulate.
    724.28 PROHIBITION OF REGULATION BY POLITICAL
    SUBDIVISIONS.
    A political subdivision of the state shall not enact an ordinance
    regulating the ownership, possession, legal transfer, lawful
    transportation, registration, or licensing of firearms when the
    ownership, possession, transfer, or transportation is otherwise
    lawful under the laws of this state. An ordinance regulating
    firearms in violation of this section existing on or after April 5,
    1990, is void.
    I disagree. Iowa's, in word, is stronger, barely. Iowa's voids the ordinance entirely. Illinois' invalidates the ordinance in application to licensees(yep, you gotta pay the state for a privilege that should be a right if you want the state to protect you from corrupt and/or evil political subdivisions) The words are worth as much as they weigh(notation of a word isn't a word, words have no mass, thus no weight). Both states have attorney generals with (D) after their name anyway. So the justice system in either state, when it comes to the second amendment will ensure/provide anything but. The reason IL needs to state the home rule exemption is because of how vast the power of home rule is in IL compared to IA.

    SECTION 6. POWERS OF HOME RULE UNITS
    (a) A County which has a chief executive officer elected
    by the electors of the county and any municipality which has
    a population of more than 25,000 are home rule units. Other
    municipalities may elect by referendum to become home rule
    units. Except as limited by this Section, a home rule unit
    may exercise any power and perform any function pertaining to
    its government and affairs including, but not limited to, the
    power to regulate for the protection of the public health,
    safety, morals and welfare; to license; to tax; and to incur
    debt.
    (b) A home rule unit by referendum may elect not to be a
    home rule unit.
    (c) If a home rule county ordinance conflicts with an
    ordinance of a municipality, the municipal ordinance shall
    prevail within its jurisdiction.
    (d) A home rule unit does not have the power (1) to
    incur debt payable from ad valorem property tax receipts
    maturing more than 40 years from the time it is incurred or
    (2) to define and provide for the punishment of a felony.
    (e) A home rule unit shall have only the power that the
    General Assembly may provide by law (1) to punish by
    imprisonment for more than six months or (2) to license for
    revenue or impose taxes upon or measured by income or
    earnings or upon occupations.
    (f) A home rule unit shall have the power subject to
    approval by referendum to adopt, alter or repeal a form of
    government provided by law, except that the form of
    government of Cook County shall be subject to the provisions
    of Section 3 of this Article. A home rule municipality shall
    have the power to provide for its officers, their manner of
    selection and terms of office only as approved by referendum
    or as otherwise authorized by law. A home rule county shall
    have the power to provide for its officers, their manner of
    selection and terms of office in the manner set forth in
    Section 4 of this Article.
    (g) The General Assembly by a law approved by the vote
    of three-fifths of the members elected to each house may deny
    or limit the power to tax and any other power or function of
    a home rule unit not exercised or performed by the State
    other than a power or function specified in subsection (l) of
    this section.
    (h) The General Assembly may provide specifically by law
    for the exclusive exercise by the State of any power or
    function of a home rule unit other than a taxing power or a
    power or function specified in subsection (l) of this
    Section.
    (i) Home rule units may exercise and perform
    concurrently with the State any power or function of a home
    rule unit to the extent that the General Assembly by law does
    not specifically limit the concurrent exercise or
    specifically declare the State's exercise to be exclusive.

    (j) The General Assembly may limit by law the amount of
    debt which home rule counties may incur and may limit by law
    approved by three-fifths of the members elected to each house
    the amount of debt, other than debt payable from ad valorem
    property tax receipts, which home rule municipalities may
    incur.
    (k) The General Assembly may limit by law the amount and
    require referendum approval of debt to be incurred by home
    rule municipalities, payable from ad valorem property tax
    receipts, only in excess of the following percentages of the
    assessed value of its taxable property: (1) if its population
    is 500,000 or more, an aggregate of three percent; (2) if its
    population is more than 25,000 and less than 500,000, an
    aggregate of one percent; and (3) if its population is 25,000
    or less, an aggregate of one-half percent. Indebtedness which
    is outstanding on the effective date of this Constitution or
    which is thereafter approved by referendum or assumed from
    another unit of local government shall not be included in the
    foregoing percentage amounts.
    (l) The General Assembly may not deny or limit the power
    of home rule units (1) to make local improvements by special
    assessment and to exercise this power jointly with other
    counties and municipalities, and other classes of units of
    local government having that power on the effective date of
    this Constitution unless that power is subsequently denied by
    law to any such other units of local government or (2) to
    levy or impose additional taxes upon areas within their
    boundaries in the manner provided by law for the provision of
    special services to those areas and for the payment of debt
    incurred in order to provide those special services.
    (m) Powers and functions of home rule units shall be
    construed liberally.
    In contrast with:

    a. City Home Rule Amendment. The city home rule amendment, the twentyfifth amendment to the Iowa Constitution, reads as follows:
    Municipal home rule. Sec. 38A. Municipal corporations are granted home rule
    power and authority, not inconsistent with the laws of the general assembly, to
    determine their local affairs and government, except that they shall not have power
    to levy any tax unless expressly authorized by the general assembly.
    The rule or proposition of law that a municipal corporation possesses and can
    exercise only those powers granted in express words is not a part of the law of this
    state.14
    b. County Home Rule. The county home rule amendment, the thirty-seventh
    amendment to the Iowa Constitution, reads as follows:
    Counties home rule. Sec. 39A. Counties or joint county-municipal corporation
    governments are granted home rule power and authority, not inconsistent with the
    laws of the general assembly,
    to determine their local affairs and government, except
    that they shall not have power to levy any tax unless expressly authorized by the
    general assembly. The general assembly may provide for the creation and
    dissolution of joint county-municipal corporation governments. The general
    assembly may provide for the establishment of charters in county or joint-municipal
    corporation governments.
    If the power or authority of a county conflicts with the power and authority of a
    municipal corporation, the power and authority exercised by a municipal corporation
    shall prevail within its jurisdiction.
    The proposition or rule of law that a county or joint county-municipal corporation
    government possesses and can exercise only those powers granted in express
    words is not a part of the law of this state.15
    Iowa's preemption law is pretty solid, but so is Illinois'. Tom Miller's reading comprehension, lack of belief in justice, corruptibility and general lack of good moral character make it all moot. When the attitudes of the citizens of those states change from "Fark you, I've got mine." to "How can I help?" maybe change will happen, but the snowball in IL barely moved an inch with this Act. It's got a long way to go down the mountain before it can start moving up in the right direction. Both states are filled with so-called "leaders" worthy of a fate no greater than Sisyphus because of their attitudes. Their false sense of entitlement and worth because they figured out how to best manipulate their local racket to all but guarantee all they have to do is pay lip service to the people who grant them the power to do what they want to do(very little work for as much guaranteed money as they can get)

    If people would actually just READ the farking words for what they mean without trying to add in their personal biases, prejudices, and all other sorts of pathetic and pitiful malicious crap, the law would be fine. But, this is IL, aka, Chicago-land. Seeing as how Chicago is both the murder and corruption capital of the country(anybody else see the humor in the fact that those two titles used to belong to Washington D.C. but now that we have a president from Chicago the titles now belong to the now D.C. resident's home town ) I don't see a lot of justice or the exercise of rights being something common in that state's near future regarding cc/OC/CC.

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    this is probably a stupid question but im going to ask it anyway. so if im a out of state resident how do i obtain a ILL. permit to carry? the "FOID" card is screwing me up cause i thought you need one just to have a firearm yet the law states out of states residents can legally carry in the car or obtain a ILL. permit. im so confused.

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    Quote Originally Posted by g21sfpistol View Post
    this is probably a stupid question but im going to ask it anyway. so if im a out of state resident how do i obtain a ILL. permit to carry? the "FOID" card is screwing me up cause i thought you need one just to have a firearm yet the law states out of states residents can legally carry in the car or obtain a ILL. permit. im so confused.
    Have you tried reading the actual law?

    Section 40. Non-resident license applications.
    HB0183 Enrolled LRB098 05760 MGM 35799 b
    Public Act 098-0063(a) For the purposes of this Section, "non-resident" means
    a person who has not resided within this State for more than 30
    days and resides in another state or territory.
    (b) The Department shall by rule allow for non-resident
    license applications from any state or territory of the United
    States with laws related to firearm ownership, possession, and
    carrying, that are substantially similar to the requirements to
    obtain a license under this Act.
    (c) A resident of a state or territory approved by the
    Department under subsection (b) of this Section may apply for a
    non-resident license. The applicant shall apply to the
    Department and must meet all of the qualifications established
    in Section 25 of this Act, except for the Illinois residency
    requirement in item (xiv) of paragraph (2) of subsection (a) of
    Section 4 of the Firearm Owners Identification Card Act. The
    applicant shall submit:
    (1) the application and documentation required under
    Section 30 of this Act and the applicable fee;
    (2) a notarized document stating that the applicant:
    (A) is eligible under federal law and the laws of
    his or her state or territory of residence to own or
    possess a firearm;
    (B) if applicable, has a license or permit to carry
    a firearm or concealed firearm issued by his or her
    state or territory of residence and attach a copy of
    the license or permit to the application;
    HB0183 Enrolled LRB098 05760 MGM 35799 b
    Public Act 098-0063(C) understands Illinois laws pertaining to the
    possession and transport of firearms, and
    (D) acknowledges that the applicant is subject to
    the jurisdiction of the Department and Illinois courts
    for any violation of this Act; and
    (3) a photocopy of any certificates or other evidence
    of compliance with the training requirements under Section
    75 of this Act; and
    (4) a head and shoulder color photograph in a size
    specified by the Department taken within the 30 days
    preceding the date of the application.
    (d) In lieu of an Illinois driver's license or Illinois
    identification card, a non-resident applicant shall provide
    similar documentation from his or her state or territory of
    residence. In lieu of a valid Firearm Owner's Identification
    Card, the applicant shall submit documentation and information
    required by the Department to obtain a Firearm Owner's
    Identification Card, including an affidavit that the
    non-resident meets the mental health standards to obtain a
    firearm under Illinois law, and the Department shall ensure
    that the applicant would meet the eligibility criteria to
    obtain a Firearm Owner's Identification card if he or she was a
    resident of this State.
    (e) Nothing in this Act shall prohibit a non-resident from
    transporting a concealed firearm within his or her vehicle in
    Illinois, if the concealed firearm remains within his or her
    HB0183 Enrolled LRB098 05760 MGM 35799 b
    Public Act 098-0063vehicle and the non-resident:
    (1) is not prohibited from owning or possessing a
    firearm under federal law;
    (2) is eligible to carry a firearm in public under the
    laws of his or her state or territory of residence; and
    (3) is not in possession of a license under this Act.
    If the non-resident leaves his or her vehicle unattended,
    he or she shall store the firearm within a locked vehicle or
    locked container within the vehicle in accordance with
    subsection (b) of Section 65 of this Act.

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    I am from Florida and am licensed to carry. If I drive to IL I can carry my gun in my car? Does it have to be in a case, or does a glove box count as one? Also, can it be loaded?

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    Re: Car CC from out of State

    If you are able to carry in public in your state of residence then you can carry loaded anywhere in the confines of your vehicle concealed in Illinois. If you leave your car you must lock it or unload your handgun and enclose it in a case before you exit your car

    Florida requires a permit to carry so you need that same permit in Illinois. Kentucky on the other hand allows unlicensed open carry so merely being old enough to open carry somewhere in your home state is all that is required in Illinois to car carry.

    For an Illinois resident, even with a Florida permit, it is a felony to have a loaded gun in your car.

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    Last edited by kurt555gs; 08-02-2013 at 10:15 AM.

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    Quote Originally Posted by 10x View Post
    I am from Florida and am licensed to carry. If I drive to IL I can carry my gun in my car? Does it have to be in a case, or does a glove box count as one? Also, can it be loaded?
    1. Does it have to be in a case? No.
    2. Does a glove box count as a case? Yes.
    3. Can it be loaded? Yes.

    As a non-resident, if you're going to exit the vehicle with your firearm it must be unloaded before doing so.

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    Re: Car CC from out of State

    A non resident must unload and encase his/her firearm before leaving the vehicle if they are taking the gun with them on their person. Same rules outside the vehicle as an Illinois resident with a FOID card. The 3 foot around the car rule is only for those with an Illinois carry license.



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    Quote Originally Posted by kurt555gs View Post
    If you are able to carry in public in your state of residence then you can carry loaded anywhere in the confines of your vehicle openly or concealed in Illinois. If you leave your car you must lock it or unload your handgun and enclose it in a case before you exit your car

    Florida requires a permit to carry so you need that same permit in Illinois. Kentucky on the other hand allows unlicensed open carry so merely being old enough to open carry somewhere in your home state is all that is required in Illinois to car carry.

    For an Illinois resident, even with a Florida permit, it is a felony to have a loaded gun in your car.

    Soylent Green is made out of people.
    Section 40 subsection (d) of the FCCA, http://www.ilga.gov/legislation/publ...F/098-0063.pdf as cited earlier in this topic, only allows for concealed firearm carry in the non-resident's vehicle. In the CCW FAQ from the Illinois State Police, http://www.isp.state.il.us/firearms/ccw/ccw-faq.cfm the answer to the question "Are out-of-state Concealed Carry permit holders granted reciprocity in Illinois?" also only mentions a concealed firearm.

    Where does the Illinois law state that it allows "open" carry in the non-resident's vehicle, as you have posted?
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  19. #19
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    Car CC from out of State

    The gun must be concealed. The definition of concealed includes language that would allow mostly concealed, in debate the legislative intent of this language was to provide for incidental or unintentional exposure, but otherwise must remain concealed

    Concealed on your person in the car is OK, or in any compartment or container in the vehicle.

  20. #20
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    Driving to Chicago from Virginia

    I have to say that I never thought I'd see the day that I would be able to drive home (Chicago) with a handgun. I would like to give thanks to everyone involved.

    I did have a question: "Which gun would I legally be able to take with me to Chicago.......Beretta PX-4 Storm, 17+1, w/Trijicon Night Sights or Colt MK IV/Series '80 Government Model .380 Auto, 7+1?" I have a Virginia Concealed Carry License. I would like to take the Beretta, but, I know Chicago's Assault Weapons Ban is still in affect. Are there any exemptions for non-residents with a Concealed Carry License?!?
    The 2nd Amendment... brought to you by Beretta and the number 1791!!

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    Re: Car CC from out of State

    PA 098-0063 ( 430 ILCS 65/13.1 ) gives total state wide preemption to the regulation of handguns ( including magazines ) and transportation of ALL firearms throughout the state of Illinois including the city of Chicago.

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    Last edited by kurt555gs; 08-01-2013 at 10:28 AM.

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    Quote Originally Posted by kurt555gs View Post
    PA 098-0063 ( 430 ILCS 65/13.1 ) gives total state wide preemption to the regulation of handguns ( including magazines ) and transportation of ALL firearms throughout the state of Illinois including the city of Chicago.

    Carthago Delenda Est
    Thanks for the information......The following is what I looked at which is one of the things that came up:

    http://directives.chicagopolice.org/...c.html?hl=true

    I also looked at things that came up when I Googled PA 098-0063 (430 ILCS 65/13.1).........Lot of pages to sift through. I did not see a specific number for magazine capacity when it related to Assault Weapons per se. I am still looking......In 2010, I believe it was 12 rounds. I will keep looking unless there is someone out there that knows specifically what the magazine capacity is pertaining to the Assault Weapons Ban in Chicago........Thanks in advance!
    Last edited by Smurfologist; 08-24-2013 at 01:34 PM.
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    Re: Car CC from out of State

    Existing "assault weapons bans" for rifles remain in place. Handgun regulation is now under the sole authority of the state. No local laws regarding anything related to handguns are valid. There is no legal magazine limit for handguns anywhere in Illinois.

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    Last edited by kurt555gs; 08-02-2013 at 01:57 PM.

  24. #24
    Regular Member Smurfologist's Avatar
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    Jul 2006
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    Springfield by way of Chicago, Virginia, USA
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    Quote Originally Posted by kurt555gs View Post
    Existing "assault weapons bans" for rifles remain in place. Handgun regulation is now under the sole authority of the state. No local laws regarding anything related to handguns are valid. There is no magazine limit for handguns anywhere in Illinois.

    Soylent Green is made out of people.
    Awesome!!!

    Thanks so much......I was looking for it in the law; I couldn't find it. The information you provided is probably why I didn't see it :-)

    I am about to drive there now.......I love this site because of the people on it!!!!!
    The 2nd Amendment... brought to you by Beretta and the number 1791!!

  25. #25
    Regular Member
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    Oct 2011
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    Milwaukee Wisconsin
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    Quote Originally Posted by lockman View Post
    The gun must be concealed. The definition of concealed includes language that would allow mostly concealed, in debate the legislative intent of this language was to provide for incidental or unintentional exposure, but otherwise must remain concealed

    Concealed on your person in the car is OK, or in any compartment or container in the vehicle.
    Lockman,
    Thank you Very Much. The Wisconsin Concealed Carry Act (2011 Act 35), was only about 20 pages, enrolled. And since Wisconsin already had preemption of firearms and shooting sports regulation, that was not involved. Wisconsin is still struggling with the current definition of "concealed"
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

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