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Thread: Non-resident taking gun from car to place of stay

  1. #1
    Regular Member xmanhockey7's Avatar
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    Non-resident taking gun from car to place of stay

    Looking to drive to IL from MI. I have a CPL in MI. I will be staying at my friend's apartment and would prefer to not keep my gun stored in my car. Is there a legal way to take my handgun from my car to her apartment? If I do transport it to her apartment is there any issue of the gun being loaded inside her apartment? I'm assuming I'd have to transport unloaded in a case, but I'm not sure if I can even do that. References to statues is appreciated.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Quote Originally Posted by xmanhockey7 View Post
    Looking to drive to IL from MI. I have a CPL in MI. I will be staying at my friend's apartment and would prefer to not keep my gun stored in my car. Is there a legal way to take my handgun from my car to her apartment? If I do transport it to her apartment is there any issue of the gun being loaded inside her apartment? I'm assuming I'd have to transport unloaded in a case, but I'm not sure if I can even do that. References to statues is appreciated.
    Let me second this question. Everything I've found at the ISP website appears to assume the reader is an Illinois resident with a FOID.

    Is there a legal method for a non-resident to carry a gun into a friend's house (or for that matter, I will add: hotel room); is it legal to keep it in the house/room? May you keep it loaded? May you use it in self defense (in the unlikely event it's necessary)?
    Last edited by SteveInCO; 08-19-2014 at 08:19 AM.

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    As long as you have your gun unloaded and in a case you're ok.

    From the FOID act,shortened for out of state relevance


    430 ILCS 65/2) (from Ch. 38, par. 83-2)
    Sec. 2. Firearm Owner's Identification Card required; exceptions.
    (7) Nonresidents while on a firing or shooting range
    recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
    (8) Nonresidents while at a firearm showing or
    display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
    (9) Nonresidents whose firearms are unloaded and enclosed in a case;

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    Also if you have a concealed permit from another state you can carry in your vehicle,but only in your vehicle.
    430 ILCS 66/40...

    (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 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, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; 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

    After the law was passed,but before the IL started issuing resident ccl's,non residents could carry,in their vehicles, in our state before residents could.

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    Quote Originally Posted by Old Dude View Post

    however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
    That indicates to me that it's illegal for someone visiting from out of state to have the gun out in their hotel room. Not the answer I *wanted* but it's apparently the answer that is correct. Thanks.

  6. #6
    State Researcher lockman's Avatar
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    Quote Originally Posted by SteveInCO View Post
    That indicates to me that it's illegal for someone visiting from out of state to have the gun out in their hotel room. Not the answer I *wanted* but it's apparently the answer that is correct. Thanks.
    You can transport your gun from the car to the friends home as long as the firearm is cased and unloaded. As an out of state resident not prohibited from possessing firearms in your home state you have the same protections as an FOID card holder would have. You may have the firearm loaded in the residence with the permission of the owner/tennant.

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    Campaign Veteran deepdiver's Avatar
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    Quote Originally Posted by lockman View Post
    You can transport your gun from the car to the friends home as long as the firearm is cased and unloaded. As an out of state resident not prohibited from possessing firearms in your home state you have the same protections as an FOID card holder would have. You may have the firearm loaded in the residence with the permission of the owner/tennant.
    +1
    Short of reciprocity with MO the changes in IL over the last few years meet my primary needs. And everyone I visit owns their home/business and parking areas and has granted me express permission to carry on their property. So, as long as I don't stop anywhere and spend any money in IL since getting out of the vehicle rules are inconvenient, the carry situation isn't too bad now.

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