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Thread: extremely short notice question.

  1. #1
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    I have a current MI CPL, and will be traveling into the "middle" of Illinois, avoiding chicago area. with a short cut through indiana.

    can I have my loaded handgun in my vehicle (I think not, but..... mebbe you Illinois guys know a bit more about your own laws than I do :-)

    can I have it unloaded in the glove box, or must it be unloaded, in a locked case, in my "trunk" (back of suburban)

    really sorry for the short notice here, but I've only known for a couple of hours myself.
    thanks.
    (oh, and incase of crazy mag restrictions etc...., it's an XD-40 service (4 in barrel) with a 12 round mag)

  2. #2
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    You cannot have it loaded. Being as you are a non-resident and do not have a FOID card, it has to be in a gun case (as opposed to acardboard box for instance), unloaded, and not immediately accessible.

    No state wide mag restrictions.

  3. #3
    State Researcher lockman's Avatar
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    Illinois has two different sections of law, the Deadly Weapons act and the Firearm Owners Identification act. Under the FOID act as a Michigan resident authorized possession of firearms in your own state and you are not allowed by law to receive a FOID card you have been exempted from the FOID act. It would be most reasonable that all regulations and statutes that have a connection or FOID requirement would not apply to you as a MI resident.

    But Ilbob's advice is the safest route as changes in FOID and the Deadly Weapons laws in the last 15 years have not been tested in this area.

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    The Illinois Supreme Court has ruled that a console is a container, in regards to firearms transport.If you were an Illinois resident with a FOID card you could transport your handgun unloaded, with a loaded magazine in the console, but not in the gun. As Lockman says since you are a Michigan resident you should be exempted from the FOID act requirement. However you may not want to be a test case, so you may want to transport unloaded, encased and not immediately accessible.

  5. #5
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    lockman wrote:
    Illinois has two different sections of law, the Deadly Weapons act and the Firearm Owners Identification act. Under the FOID act as a Michigan resident authorized possession of firearms in your own state and you are not allowed by law to receive a FOID card you have been exempted from the FOID act. It would be most reasonable that all regulations and statutes that have a connection or FOID requirement would not apply to you as a MI resident.

    But Ilbob's advice is the safest route as changes in FOID and the Deadly Weapons laws in the last 15 years have not been tested in this area.
    I am not sure where the idea came from that you get exempted from the FOID card act because you are ineligible for one.None of the lawsactually say that. Felons are not eligible for FOID cards either, and they are not exempt from those requirements. The law does exempt non-residents from having to have a FOID card to possess guns or ammo in Illinois, but most of the other requirements are not exempted.

    This is like the theory that the Wildlife Code only applies while hunting, thus allowing one to ignore the car carry restrictions in the WC. Nowhere in the WC or anywhere else (AFAIK) does it say the restrictions only apply to hunting.

    Now in practice that may be how it is enforced, but its not what the law actually says.



  6. #6
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    ilbob wrote:
    lockman wrote:
    Illinois has two different sections of law, the Deadly Weapons act and the Firearm Owners Identification act. Under the FOID act as a Michigan resident authorized possession of firearms in your own state and you are not allowed by law to receive a FOID card you have been exempted from the FOID act. It would be most reasonable that all regulations and statutes that have a connection or FOID requirement would not apply to you as a MI resident.

    But Ilbob's advice is the safest route as changes in FOID and the Deadly Weapons laws in the last 15 years have not been tested in this area.
    . The law does exempt non-residents from having to have a FOID card to possess guns or ammo in Illinois, but most of the other requirements are not exempted.


    WHAT??
    Maybe you could provide a cite to back up your comment?






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    Are they already hiring gitmo guards for the prison? that was quick.
    Can't think of any other reason anyone who used to be armed would
    go in that state.

    ilbob - unfortunately felons are also not able to have the gun in Mich.
    so they can only meet half of the exemption. But get a stupid judge
    (and plenty of them to go around) and it might work.

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    Nutczak wrote:
    ilbob wrote:


    . The law does exempt non-residents from having to have a FOID card to possess guns or ammo in Illinois, but most of the other requirements are not exempted.


    WHAT??
    Maybe you could provide a cite to back up your comment?
    Exactly how wouldI ever be able to prove a negative? Look in the various laws that apply. You can find where non-residents are exempted from the FOID requirement to possess firearms and or ammuniton, but notso with many ofthe other requirements. If there were other exemptions would they not be together? Or at least some place?

    As I have stated before, it may not be the way it is enforced, but that is the way it is written.

  9. #9
    State Researcher lockman's Avatar
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    (430 ILCS 65/2) (from Ch. 38, par. 83‑2)
    Sec. 2. Firearm Owner's Identification Card required; exceptions.
    (a) (1) No person may acquire or possess any firearm,
    stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.


    (2) No person may acquire or possess firearm
    ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.


    (b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
    (1) United States Marshals, while engaged in the
    operation of their official duties;

    (2) Members of the Armed Forces of the United States
    or the National Guard, while engaged in the operation of their official duties;

    (3) Federal officials required to carry firearms,
    while engaged in the operation of their official duties;

    (4) Members of bona fide veterans organizations
    which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;

    (5) Nonresident hunters during hunting season, with
    valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;

    (6) Those hunters exempt from obtaining a hunting
    license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;

    (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;


    (10) Nonresidents who are currently licensed or
    registered to possess a firearm in their resident state;

    (11) Unemancipated minors while in the custody and
    immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;

    (12) Color guards of bona fide veterans
    organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;

    (13) Nonresident hunters whose state of residence
    does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;


    __________________________________________________ ____________

    edited to separate my comments:


    As long as a non-resident that has an exemption listed above should be able to possess firearms within the scope of the exemptions above the same as if they had/have a FOID card. Note exemption 10 has no hunting/shooting or traveling limitation just a license or permit from another state.

    I suppose in this corrupt state we can find a reason to prosecute someone under a law that requires the FOID card even thought the statute requiring the FOIDstates youare exempt from the requirement to have one.


  10. #10
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    lockman wrote:
    (9) Nonresidents whose firearms are unloaded and
    enclosed in a case;


    (10) Nonresidents who are currently licensed or
    registered to possess a firearm in their resident state;

    __________________________________________________ ____________

    edited to separate my comments:


    As long as a non-resident that has an exemption listed above should be able to possess firearms within the scope of the exemptions above the same as if they had/have a FOID card. Note exemption 10 has no hunting/shooting or traveling limitation just a license or permit from another state.

    I suppose in this corrupt state we can find a reason to prosecute someone under a law that requires the FOID card even thought the statute requiring the FOIDstates youare exempt from the requirement to have one.


    Exemption9 is even broader.

    Who is saying that you would get prosecuted for meeting the requirements of the exemption? These exemptions to the requirement to have a FOID card to possess a firearms or firearms ammunition apply toa specificprovision of the FOID card act. They do not exempt you from anything else, such as provisions ofthe UUW act.

    The FOID card act provision cited is about mere possession, andI think we can all agree non-residents are exemptedfrom the requirement to have a FOID cardif their gun is unloaded and in a case. I would alsopoint out that with a few exceptions (hunting, ranges) as shown above, by the letter of the law, a NR that does not have apermit from another state cannot have a loaded gun in Illinois without being in violation of the FOID card act.


    By the letter of the FOID card act, a NR is not in violation of the FOID card act if he is at a gun show with a LOADED gun. However, it would still be a felony UUW.

    You guys keep mixing apples and oranges and coming up with rotten tomatoes. All the statutes stand alone. An exemption that specifically states it only applies to a specific provision of one statute has no effect at all on other statutes.

  11. #11
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    thanks for the help guys, I had to leave before the discussion, so went with the unloaded, locked case in back of truck, "I'm driving through the state" routine :-)

  12. #12
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    So basically non-residents can't apply for an FOID anyway even if they are exempt and don't need one?

    I noticed on the application that you need an IL drivers license or ID card number and that its mandatory. What a surprise.

  13. #13
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    thejax wrote:
    So basically non-residents can't apply for an FOID anyway even if they are exempt and don't need one?

    I noticed on the application that you need an IL drivers license or ID card number and that its mandatory. What a surprise.
    The law requires an IL DL or ID card except for certain nuclear security guards, so that would limit it to IL residents.

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