Travelling To Illinois

imported post

A friend and I are going to be travelling into Illinois in the near future, I've been trying to research the gun laws tonight, just found out about this tonight.

As far as I can tell, OC is illegal in IL. To carry our sidearms, it seems that they have to be UNLOADED, in a CARRY CASE, and not directly accessible, that one puzzles me though, can someone please define specific areas in a small truck where it's legal to store the unloaded, cased sidearm?

Additionally, it seems that we need a FOID card to even carry an unloaded sidearm. Where and how do we go able obtaining this?

All of this seems like ALOT of work for just a 5 hours visit! :banghead:

OK, I guess you could say that I need some sage advice from others that know & live under the laws there. I'm assuming that we'll need the FOID card from what I've read. How and where do we go about obtaining those and how much should me figure on dropping for them?

imported post

Check out the FOID section of the Illinois State Police webpage.

1) You are correct that you cannot OC or CC in IL.

2) It needs to be unloaded and encased OR broken down into a "non-functioning state".
The legal definition of encased is fairly loose because the laws language includes "or other container"

3) "not directly accessible" is not in the law and the IL Supreme Court has ruled that the a center console is an "other container"

4) Non-residents cannot get and do not need a FOID card.



Here's a link to the ISP. It has all of the applicable statutes, but pay special attention to the FAQ.

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

imported post

One caveat for transporting unloaded and encased is that the IL Wildlife Code defines case as being designed to house a firearm. While a center console, or tupperware for that matter, would satisfy the requirement to exclude you from a felony UUW charge, you may be cited for a misdemeanor WC violation.

If it seems to you that our legislature does not know what it's doing, your not alone. Also, for any law enforcement interactions, may I recommend you be courteous and polite, but if asked about weapons, respectfully reply you have nothing illegal in the vehicle, and that you will of course allow them to search once the warrant arrives.

Oh yeah, and welcome to Illinois.

imported post

OK, I checked out the ISP site and especially the FAQ section, thank you so much for that info.

There is one thing though that I didn't find in specific, the part about Non-Residents NOT needing an FOID card.

I found under the FAQ section that it said that it said, "Non- residents must be legally eligible to possess or acquire firearms and ammunition in their state of residence. It is recommended that, in order to be in compliance with all statutes, non-residents transport all firearms:

1. Unloaded, and
2. Enclosed in a case, and
3. Not immediately accessible or broken down in a nonfunctioning state."

I didn't find any mention of the FOID though. I'm thinking of contacting the I.S.P. directly for specifics on this. Any advice here?

imported post

I highlighted everything in the exceptions that pertains to non-residents, but the most important for you is number (b)(9) in red. There is no out of reach requirement.


(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, [align=justify]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.[/align] [align=justify] (2) No person may acquire or possess firearm [/align] [align=justify]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.[/align] [align=justify] (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 [/align] [align=justify]operation of their official duties;[/align] [align=justify] (2) Members of the Armed Forces of the United States [/align] [align=justify]or the National Guard, while engaged in the operation of their official duties;[/align] [align=justify] (3) Federal officials required to carry firearms, [/align] [align=justify]while engaged in the operation of their official duties;[/align] [align=justify] (4) Members of bona fide veterans organizations [/align] [align=justify]which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;[/align] [align=justify] (5) Nonresident hunters during hunting season, with [/align] [align=justify]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;[/align] [align=justify] (6) Those hunters exempt from obtaining a hunting [/align] [align=justify]license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;[/align] [align=justify] (7) Nonresidents while on a firing or shooting range [/align] [align=justify]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;[/align] [align=justify] (8) Nonresidents while at a firearm showing or [/align] [align=justify]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;[/align] [align=justify] (9) Nonresidents whose firearms are unloaded and [/align] [align=justify]enclosed in a case;[/align] [align=justify] (10) Nonresidents who are currently licensed or [/align] [align=justify]registered to possess a firearm in their resident state;[/align] [align=justify] (11) Unemancipated minors while in the custody and [/align] [align=justify]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;[/align] [align=justify] (12) Color guards of bona fide veterans [/align] [align=justify]organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;[/align] [align=justify] (13) Nonresident hunters whose state of residence [/align] [align=justify]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;[/align] [align=justify] (14) Resident hunters who are properly authorized to [/align] [align=justify]hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled;[/align] [align=justify] (15) A person who is otherwise eligible to obtain a [/align] [align=justify]Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization; and[/align] [align=justify] (16) Competitive shooting athletes whose competition [/align] [align=justify]firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games. [/align] [align=justify](c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

[/align]

imported post

Thank you CraigC178for that info, that pretty much answered all that I needed to know but I'd like to just ask a few small questions to verify language.

1. In the text you posted, it refers to HUNTERS, we'll have pistols with us, ONLY for self-defense while staying in the motel and such. Being that we're not HUNTERS perse does this still apply to us?

2. You mentioned that there was NO "out of reach" rule? Does this mean that as long as the handgun is stored as stated & unloaded that it can be stored anywhere in the vehicle?

3. One other thing that my friend had mentioned to me last night when we were discussing this. About the unloaded part, IF the clip is loaded BUT the clip IS NOT in the gun and the clip is stored in the case with the gun, does that meet the requirements as prescribed but Illinois law?

imported post

neuroblades wrote:

Thank you CraigC178for that info, that pretty much answered all that I needed to know but I'd like to just ask a few small questions to verify language.

1. In the text you posted, it refers to HUNTERS, we'll have pistols with us, ONLY for self-defense while staying in the motel and such. Being that we're not HUNTERS perse does this still apply to us?

That section of the law makes 16 exemptions to the FOID requirements and there are a few that outline non-resident hunters. You only need to qualify under 1 of the 16 to be exempt from FOID. For you it would be number 9 and possibly 10 (if you had a KY CCDW.

2. You mentioned that there was NO "out of reach" rule? Does this mean that as long as the handgun is stored as stated & unloaded that it can be stored anywhere in the vehicle?

Correct. There is no law in IL that says that it has to be out of reach. I usually keep mine in the center console of my truck and according to the IL Supreme Court I am in compliance with the law. They ruled that the center console is an "other container" in People v Diggins.

http://isra.org/alerts/alert_10092009_diggins.shtml


3. One other thing that my friend had mentioned to me last night when we were discussing this. About the unloaded part, IF the clip is loaded BUT the clip IS NOT in the gun and the clip is stored in the case with the gun, does that meet the requirements as prescribed but Illinois law?

There is no requirement that ammo be stored separately from the weapon. I believe that that is covered in the ISP's FAQ. Let me know if it isn't and I'll find a citation for you.

Click to expand...

imported post

Well, I think we have everything covered here now. Thanks again CraigC178for your assistance as well as eveyone else that has provided info on this matter.

imported post

neuroblades wrote:

Well, I think we have everything covered here now. Thanks again CraigC178for your assistance as well as eveyone else that has provided info on this matter.

Click to expand...

I'll mention something the Illinois NRA lobbyist said. A non-resident can transport a firearm in a case with a loaded magazine or ammo in the same case (or container)as a resident and no FOID is required because the state will not issue it to him because he isn't a resident. If this is so I still wouldn't recommend it as you may get arrested as many LEOs don't know the transportation requirements for residents and the fact that the ammo can be in the same case. If he is correct then an unloaded firearm could also be in the non-residents car console as the supreme court has ruled it a container.

I know a conservation officer who has stopped people who had an unloaded handgun in a Seagrams 7 bag and not arrested them because it was a container. Probably in a traffic stop and not while they were hunting.

Your results may vary, especially near Chicago. I and the conservation officer I mentioned are about 300 miles from Chicago. North or south of I80 can make a difference.

imported post

Well, my friend told me exactly where the destination is but for the life of me at this moment, I can't even remember it. *LOL* I had looked it up on Map Quest and we'll not be travelling anywhere near Chicago. I've heard ALOT of horror stories about that place in reference to weapons, gangs, and such.

imported post

neuroblades wrote:

Well, my friend told me exactly where the destination is but for the life of me at this moment, I can't even remember it. *LOL* I had looked it up on Map Quest and we'll not be travelling anywhere near Chicago. I've heard ALOT of horror stories about that place in reference to weapons, gangs, and such.

Click to expand...

I hope it isn't Rockford either. Someone on another forum who lives there says in his neighborhood he hears gunshots almost every night. Nobody bothers to call the police anymore.

imported post

No, it's a place that's nothwest of the Chicago area, his grandfather lives there. He said that it's all pretty rural area in Illinois. But thank you for the heads up info all the same.

imported post

CraigC178 wrote:

(from Ch. 38, par. 83‑2)Firearm Owner's Identification Card required; exceptions.



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

Click to expand...

so since wisconsin does NOT require licensing or registration, that would also mean that i'm technically complying with IL law correct???


never mind. i should have finished reading first.

imported post

It's always been my understanding that residents of other states, while in Illinois (non-residents), are in no way required to have a FOID. In fact, I don't even think non-residents can get a FOID.

I believe you can "container carry" here as long as you aren't otherwise prohibited from possessing guns.

imported post

SAK wrote:

It's always been my understanding that residents of other states, while in Illinois (non-residents), are in no way required to have a FOID. In fact, I don't even think non-residents can get a FOID.

I believe you can "container carry" here as long as you aren't otherwise prohibited from possessing guns.

Click to expand...

That is the opinion of the NRA lobbyist for Illinois. I believe only non-resident military stationed here can get a FOID, though they shouldn't need one, I recall reading that. Maybe a military person can answer that for sure.

imported post

Man I'm glad I moved away from IL. I now live in Washington state, I have a cpl so I can carry concealed and if I leave my CPL at home with my ID, I have to Open Carry. We carry loaded, andchambered. What a great day here in the Pacific North West.

imported post

This thread does a good job of covering the issues around non-resident transport of a firearm. Is there anything we should know about non-resident possession of a firearm in a hotel room or other temporary residence?

Also, are there any restrictions on the type of firearm or ammunition (e.g. California's ban on high-capacity mags, or New Jersey's ban on JHP ammo)?

Finally, are there additional restrictions to be observed in and around Chicago? I know that Chicago has a ban that's very similar to DC's (currently awaiting a decision by SCOTUS)... does that apply to everyone? I'm assuming it does.

I'm going to be traveling to Illinois next week, specifically to Rosemont (where my hotel is) and Hoffman Estates (where my meetings are). I'd like to take my gun with me and keep it with me and loaded as much as possible while staying in complete compliance with the law. I may end up going into Chicago proper for dinner one evening.

imported post

swillden wrote:

This thread does a good job of covering the issues around non-resident transport of a firearm. Is there anything we should know about non-resident possession of a firearm in a hotel room or other temporary residence?

Also, are there any restrictions on the type of firearm or ammunition (e.g. California's ban on high-capacity mags, or New Jersey's ban on JHP ammo)?

Finally, are there additional restrictions to be observed in and around Chicago? I know that Chicago has a ban that's very similar to DC's (currently awaiting a decision by SCOTUS)... does that apply to everyone? I'm assuming it does.

I'm going to be traveling to Illinois next week, specifically to Rosemont (where my hotel is) and Hoffman Estates (where my meetings are). I'd like to take my gun with me and keep it with me and loaded as much as possible while staying in complete compliance with the law. I may end up going into Chicago proper for dinner one evening.

Click to expand...

The Chicago handgun ban deals with registering firearms by residents. This doesn't apply to you, since you aren't a resident. A few people in Chicago probably have handguns legally because they were registered before Chicago quit registering handguns. A hotel room in Illinois is considered your abode. You are allowed to have a loaded firearm on your own land or in your abode.

You can find the transportation requirements at the Illinois State Police website at www.isp.state.il.us There are no specific places you must be going when you transport your firearm, it can be unloaded and encased, along with the ammo loaded in a magazine or speed loader if you wish, state law mentions this for folks with an Illinois Firearm Owners ID (FOID) card. I transport everywhere this is allowed in an Uncle Mikes Fanny Pack. You will find mention about the firearm being not immediately accessible if you don't have a FOID card. Interestingly the NRA lobbyist for Illinois says that the same transportation requirements should apply to non-residents because the state won't issue them a FOID card. You would however most likely be arrested. This of course is also a possibility for Illinoisans too because all LEOs don't know the transport laws.

I'd suggest that you check local firearm ordinances for any city you may be visiting, and there are a number in the Chicago area that have them. They may have different transportation requirements or possibly magazine restrictions. I try to avoid Chicago. I don't see any firearm ordinances listed for Hoffman Estates or Rosemont on the ISP website. You might want to call their city clerks this week and ask if they have any. Some cities have failed to list theirs with the ISP, or they have been out of date.

One bright spot is Illinois laws are good for people protecting themselves or others against someone committing a violent felony.

imported post

There are no restrictions in Illinois on JHP ammo unless it is a local ordinance.

I'd avoid Wilmette, Morton Grove, Evanston, and Oak Park even more than Chicago the first 2 had handgun bans that they dropped after the Washington D.C. supreme court decision and pressure from the NRA, Evanston and Oak Park haven't dropped theirs. I wouldn't trust LEOs in Wilmette or Morton Grove not to use any excuse possible to confiscate your handgun if they found you transporting one.

imported post

Thanks for the information, guys.

Based on your comments, I am going to take my firearm with me. I'll keep it loaded and handy in my hotel room, and the rest of the time I'll keep it unloaded in a locked center-of-mass car safe. The locked case isn't necessary, but it doesn't take me much longer to open it than it would to open some other sort of enclosure, and I'd think that it would give me a little better position should I happen to have a run-in with LE (which I'm sure I won't).

Oh, one more question: What's the law on non-firearm weapons, like a baton or a knife? I'd ask about OC spray, but I can't transport it on the airplane so that's a moot question.