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Thread: Question Concerning the Wildlife Code and Gun Cases

  1. #1
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    Question Concerning the Wildlife Code and Gun Cases

    Hi all!

    I'm very well aware of the issue of gun cases and the wildlife code here in Illinois. Or at least I thought I was. I know that at one point the code was rather more restrictive than the UUW. However, in my curiosity, I pulled up the Wildlife code to look at their definition of being in a case. Apparently this code is a 2012 revision, and this is what I found:

    (520 ILCS 5/1.2b-1) (from Ch. 61, par. 1.2b-1)
    Sec. 1.2b-1. Case. "Case" means any case, firearm carrying box, shipping box, or container acceptable under Article 24 of the Criminal Code of 2012.
    (Source: P.A. 97-1027, eff. 8-17-12; 97-1150, eff. 1-25-13.)

    Ok... wait a minute?!? Article 24? Well, that's mighty familiar. Here is the applicable section:

    (4) 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, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
    (i) are broken down in a non-functioning state; or
    (ii) are not immediately accessible; or
    (iii) are 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;

    The Wildlife Code does still require a gun in a vehicle to be unloaded unless you have a permit to hunt from a vehicle. However, it seems that the "what is a case" question has been harmonized.

    Am I missing something???

    There is a second question... How does the Wildlife code requirement to be unloaded mate up with a CCW permit?

    Thanks!
    Raul

  2. #2
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    You are right about the wildlife code being changed to match the criminal code for gun cases. It is still illegal to have a loaded firearm in a vehicle under the wildlife code. So it the local CPO suspects you are hunting you will still get a violation under the wildlife code.

    In other words I can ride a ATV with a loaded handgun while out trail riding legally. But if I carry that same uncased loaded or unloaded handgun while riding to or from my tree stand i have violated the wildlife code.

    If you have a FCCL you can carry a concealed handgun while hunting during the firearm deer season, but it has to meet the legal handgun requirements for the deer seasons. ie, no semi autos.

  3. #3
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    Randy,

    Thanks. Twisting one's way through the two sets of law can be just a bit confusing. Hardly an accident, I think.

    If I may ask a follow-up question, then...

    Under the old rules, an unloaded, holstered pistol in a glove box or center console would not be considered properly cased under the Wildlife code even though it would be legal under UUW code. The only good thing was that it was a misdemeanor rather than a gun-right ending felony.

    Considering the Illinois Supreme Court ruling on what constitutes a case, does that mean a holstered, unloaded pistol in a glove box or center console would be legal under either rule?

    I do understand the caveat here regarding the police. Regardless of the actual rule, if they want, they may still just make the arrest and let the court work it out. And they probably can get away with it. Even the ISP's Transport Your Gun Legally brochure still uses the old definition.

    Thanks again!
    Raul

  4. #4
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    Illinois v Diggins said the center console of an auto met the definition of a case, which didn't include the glove box. That got changed with the FCCA. The above ruling only effected the criminal code, not the wildlife code. This probably came about because mr diggins wasn't charged under the wildlife code, so it couldn't be considered as part of the court ruling.

    The old wildlife code has a very defined summary of what met the requirements of a case.
    Last edited by RANDYT; 11-11-2014 at 07:12 PM.

  5. #5
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    Randy,

    Thanks a bunch.

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