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.

Carthago Delenda Est

kurt555gs said:

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

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

http://directives.chicagopolice.org...5603-92613-fc59-b4c8c0aba767ee8c.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!

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.

Soylent Green is made out of people.

kurt555gs said:

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.

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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!!!!!

lockman said:

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.

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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"

Question of a Fine Point of IL Law

The portion of the new IL law allowing non-residents, who can legally carry in public in their home state, is most welcome. The Yellow Cat makes frequent trips from UT to WI and dreads having to stop on he Iowa border, disarm, encase, lock in trunk, etc - only to stop at the first rest-stop in WI and rearm. While the IL law seems self-explanatory (as much as any IL law is self-explanatory), what about fuel stops in which you never leave your vehicle "unattended"?

The source of my question is the Illinois State Police Firearms FAQ which I quote below. The word "unattended" seems to me to be operative regarding the statute.

"However, out of state residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of his or her state or territory of residence and are not prohibited from owning or possessing a firearm under federal law. This rule becomes effective immediately.

If the non-resident leaves his/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 the Firearm Concealed Carry Act."

The wording seems to allow for acts like exiting your vehicle to unload and encase the firearm before leaving the vehicle "unattended". By logic, does this extend to being out of the vehicle, but very near to it (the vehicle is under your control) during the act of fueling the vehicle. It is obvious to me that if I also need to go to the bathroom, I must lock my firearm in my vehicle or within a locked container.


Yellow Cat Out-

My reading of the exemption is that as long as you abide by subsection B of section 65 you are in compliance. That would include the safe harbor provision, which includes parking lots of prohibited locations where you may exit the vehicle for the purpose of securing or retrieving the firearm. The firearm must be unloaded if you exit the vehicle with it.

I agree Lockman.

Soylent Green is made out of people.

Do I have it right?

Thank you for the citation. The Illinois State Police website FAQ seemed to suggest this question but the citation is unambiguous. If I get out of the car to fuel, the firearm must be encased INSIDE the vehicle. If I decide to put it in the trunk, it must exit the car in an unloaded condition. I can have it in my possession only for the limited purpose of storing it in a trunk or other closed and locked environment. If I decide to exit the vehicle to eat or go to the bathroom, I must either lock it in my car in a case or other suitable container, or, unload it, exit the vehicle, place it into the trunk or a locked container within the trunk. When I return, I can retrieve it in an unloaded condition, enter my vehicle, reload it, and go about my journey. Correct?

Citation:

(b) Notwithstanding subsections (a), (a-5), and (a-10) of
this Section except under paragraph (22) or (23) of subsection
(a), any licensee prohibited from carrying a concealed firearm
into the parking area of a prohibited location specified in
subsection (a), (a-5), or (a-10) of this Section shall be
permitted to carry a concealed firearm on or about his or her
person within a vehicle into the parking area and may store a
firearm or ammunition concealed in a case within a locked
vehicle or locked container out of plain view within the
vehicle in the parking area. A licensee may carry a concealed
firearm in the immediate area surrounding his or her vehicle
within a prohibited parking lot area only for the limited
purpose of storing or retrieving a firearm within the vehicle's
trunk, provided the licensee ensures the concealed firearm is
unloaded prior to exiting the vehicle. For purposes of this
subsection, "case" includes a glove compartment or console that
completely encloses the concealed firearm or ammunition, the
trunk of the vehicle, or a firearm carrying box, shipping box,
or other container.

Jpm, that is for Illinois licensees not non residents. Non residents must unload and enclose in a case before exiting the vehicle. Or lock the vehicle with the handgun inside, or lock the handgun in the glove box or center console. Beware the rules for licensees. They are different and intentionally confusing.

Soylent Green is made out of people.

kurt555gs said:

Jpm, that is for Illinois licensees not non residents. Non residents must unload and enclose in a case before exiting the vehicle. Or lock the vehicle with the handgun inside, or lock the handgun in the glove box or center console. Beware the rules for licensees. They are different and intentionally confusing.

Soylent Green is made out of people.

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I agree that's how I read it too.

(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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Thanks for the clarification

Thanks guys - for the clarification of IL law. Perhaps the best bet for me on trips from UT to WI is to go thought IL (armed and concealed) with no stops along the way. If I need fuel, leave the pistol in the car, out of sight, and the car locked (even though I am within a few feet of it). - Same for "pit stops", leave the pistol locked in the car.

jpm84092 said:

Thanks guys - for the clarification of IL law. Perhaps the best bet for me on trips from UT to WI is to go thought IL (armed and concealed) with no stops along the way. If I need fuel, leave the pistol in the car, out of sight, and the car locked (even though I am within a few feet of it). - Same for "pit stops", leave the pistol locked in the car.

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You got it right. Or lock the pistol in the glove box and leave the car unlocked. ( Not recommended in Chicago )

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lockman said:

My reading of the exemption is that as long as you abide by subsection B of section 65 you are in compliance. That would include the safe harbor provision, which includes parking lots of prohibited locations where you may exit the vehicle for the purpose of securing or retrieving the firearm. The firearm must be unloaded if you exit the vehicle with it.

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Where in the law does it say that the handgun must be unloaded when exiting the vehicle? I thought it only had to be locked in the car.

This non resident law will be really confusing and I'm afraid police will not ever get this right.

It does not say you must be licenses to carry in your home state, it just says you must be able to carry a gun in your home state.

Almost all state allow for unlicensed carry of long arms... That would count.

The only states that prohibit carrying long arms in public are Hawaii and Mass.

Guam, Florida, Iowa, Minnesota, New Jersey and a couple of others require a gun license of some type, but none of the other states do.

Jared said:

Where in the law does it say that the handgun must be unloaded when exiting the vehicle? I thought it only had to be locked in the car.

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That is for Illinois licensees, not non residents. The fun can be loaded in the car for non resident. If they want to take the fun out of the car it must be unloaded and enclosed in a case.


Carthago Delenda Est

Jared said:

Where in the law does it say that the handgun must be unloaded when exiting the vehicle? I thought it only had to be locked in the car.

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Allow me to clarify. There are a few factors to consider in this situation: being in the car, whether the concealed handgun is encased, whether it is loaded, and whether the concealed handgun is left in the car unattended.

1. If you are in the car and the concealed handgun in your possession is loaded, you are within the law.
2. If you are in the car and the concealed handgun in your possession is unloaded, you are within the law.
3. If you exit the vehicle and the concealed handgun in your possession is unloaded you are within the law for the purpose of storing the firearm in the vehicle's trunk or the container which it is going to be stored.
4. If you exit the vehicle and the concealed handgun is loaded and locked inside the vehicle you are within the law.
5. If you exit the vehicle and the concealed handgun in your possession is loaded, regardless of whether or not it is for the purpose of storing the firearm in the vehicle's trunk of the container in which it is going to be stored , you are VIOLATING the law.

If you were to put a holster designed specifically to be placed under the dashboard and/or under/beneath the steering wheel and have a loaded handgun in that holster, so long as it is not visible from the outside of the vehicle and the vehicle is locked that would be legal. If you want to leave it loaded in the center console or glove compartment inside the locked vehicle that would be legal.

This is just how I understand it from a literal reading of the law. I believe Antonin Scalia would agree with me, but I could be wrong and am open to being corrected if I am.

Wrong Dark. Your description is correct for Illinois licensees, but not for non residents. Non
Residents do not have the safe harbor distance around the car.


Soylent Green is made out of people.

Returned from Chicago and had no problems with the new CC Law for Non-Residents (I don't like it, but it is what it is).

I inquired about where I could get a Non-Resident CC application and was told they had them (for sure) at the police station on 35th and Michigan (too far and I had no time to pick up one). I will try to pick up one when I go there in the spring.

I basically kept my weapon in my locked glove compartment (loaded) the entire time I was there. I was never a great distance from my vehicle the entire time. I also took a lock box with me because I needed it when I drove through Maryland (I did not use it while I was in Chicago because my car was in a locked garage with the alarm activated).

I have to say that I felt confident being out late at night in the hood knowing that my weapon was within an arms reach, but I would have felt much better if I had it on my person, in my holster, on my hip.........baby steps........happy baby steps

I want to give thanks to everyone involved with the progress of gun laws in the state of IL (and in the city of Chicago).

Illinois is making progress.

Illinois is making progress (it could hardly have gotten much worse) while Colorado is backsliding.

I imagine the excitement among the Illinois gun community is pretty high.