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Thread: Bike carry thru Ill

  1. #1
    Regular Member
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    Jun 2010
    Valhalla, Indiana, USA

    Post imported post

    If I remove my mag and lock them both in the same saddle bag, is this legal to do so? Or should i place each item in a different saddle bag? What do i need to do to carry thru Ill from Ind?

  2. #2
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Elgin, Illinois, USA

    Legal transport

    Quote Originally Posted by hogeater f6 View Post
    If I remove my mag and lock them both in the same saddle bag, is this legal to do so?
    Yes, you can transport an unloaded gun in the same case with the ammo. As long as you are permitted by your own state and federal law to possess firearms OR are a resident of Illinois with an FOID card.

    Quote Originally Posted by hogeater f6 View Post
    should i place each item in a different saddle bag?
    You can do that if you like but unloaded and in the case if fine.
    Last edited by lockman; 06-27-2010 at 02:31 PM. Reason: add: The case does not have to have a lock just a secure closure, velcro, button, zipper or latch etc.

  3. #3
    Campaign Veteran
    Join Date
    May 2006
    , Illinois, USA
    Quote Originally Posted by hogeater f6 View Post
    If I remove my mag and lock them both in the same saddle bag, is this legal to do so? Or should i place each item in a different saddle bag? What do i need to do to carry thru Ill from Ind?
    I am not going to tell you what is legal and what is not, as IANAL. I will suggest you read carefully the exceptions that allow legal transport of firearms as applies to the UUW act, and will quote a few paragraphs for your edification, and make some non-lawyer comments on what I think might be some salient points

    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;
    (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;
    To not be in violation of the UUW act, you have comply with one of these three exceptions. The oft cited unloaded and encased exception (iii) cannot apply to non-residents because (with a very few exceptions) they are not eligible for FOID cards.

    So you have to be covered by (i) or (ii). I don't recall there being any cases on point regarding what "immediately accessible" means.

    There is another issue that people forget about as well. Most bike paths go through publically owned areas such as parks.

    (720 ILCS 5/21‑6) (from Ch. 38, par. 21‑6)
    Sec. 21‑6. Unauthorized Possession or Storage of Weapons.
    (a) Whoever possesses or stores any weapon enumerated in Section 33A‑1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.
    (b) The chief security officer must grant any reasonable request for permission under paragraph (a).
    (Source: P.A. 89‑685, eff. 6‑1‑97.)
    Section 33A-1 enumerates a long list of weapons, including firearms. Incidentally, it also includes axes and hatchets in the list, and knives with blades exceeding 3 inches.

    Here is the whole list of enumerated weapons.

    (2) A Category I weapon is a handgun, sawed‑off shotgun, sawed‑off rifle, any other firearm small enough to be concealed upon the person, semiautomatic firearm, or machine gun. A Category II weapon is any other rifle, shotgun, spring gun, other firearm, stun gun or taser as defined in paragraph (a) of Section 24‑1 of this Code, knife with a blade of at least 3 inches in length, dagger, dirk, switchblade knife, stiletto, axe, hatchet, or other deadly or dangerous weapon or instrument of like character. As used in this subsection (b) "semiautomatic firearm" means a repeating firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round and that requires a separate pull of the trigger to fire each cartridge.
    (3) A Category III weapon is a bludgeon, black‑jack, slungshot, sand‑bag, sand‑club, metal knuckles, billy, or other dangerous weapon of like character.
    Yes, this is a state that technically bans people who are camping in a state park or national forest from having a hatchet in the campground. Will you get busted for it? Probably not. But people have been arrested and charged with violating this statute for various other non-firearms weapons. As best I can tell, this is the only state law that bans unloaded firearms from school parking lots.

    There are also these gems.

    (520 ILCS 5/1.2) (from Ch. 61, par. 1.2)
    Sec. 1.2. This Act shall be administered by and under the direction of the Department of Natural Resources. As used in this Act, unless the context otherwise requires, the terms specified in Sections 1.2a through 1.2t have the meanings ascribed to them in those Sections.
    (Source: P.A. 89‑445, eff. 2‑7‑96.)
    (520 ILCS 5/1.2b‑1) (from Ch. 61, par. 1.2b‑1)
    Sec. 1.2b‑1. Case. Case means a container specifically designed for the purpose of housing a gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped, snapped, buckled, tied or otherwise fastened with no portion of the gun or bow and arrow device exposed.
    (Source: P.A. 84‑150.)
    (520 ILCS 5/1.2r) (from Ch. 61, par. 1.2r)
    Sec. 1.2r. "Vehicle" means any device capable of transporting a person on land, on ice, on water, in water, or in the air.
    (Source: P.A. 81‑382.)
    (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
    Sec. 2.33. Prohibitions.
    (a) It is unlawful to carry or possess any gun in any State refuge unless otherwise permitted by administrative rule.
    (n) It is unlawful for any person, except persons who possess a permit to hunt from a vehicle as provided in this Section and persons otherwise permitted by law, to have or carry any gun in or on any vehicle, conveyance or aircraft, unless such gun is unloaded and enclosed in a case,
    I think these are Class B misdemeanors. IIRC, the DNR has the authority to declare anything they want under their control to be a refuge.

    The point is that there are plenty of gotchas that a clever cop looking to make a safe gun bust might take advantage of, and while you might eventually get off, it might be weeks and thousands of dollars later.

    There is also the problem that a number of municipalities have ordinances on gun transportation and possession. It's not real easy to research them. They are supposed to be listed on the ISP web page, but what is there is out of date and incomplete.

    You might be covered by FOPA, but the history of state and local government compliance with that law is pathetic, and it is so poorly written that it is almost meaningless.
    Last edited by ilbob; 07-02-2010 at 04:25 PM.

  4. #4
    Regular Member
    Join Date
    Oct 2006
    Southern Illinois, Illinois, USA
    Ilbob mentions local ordinances, this might be a problem depending on where in the state you are traveling. In Southern Illinois, south of I64, you aren't going to find a tranportation ordinance different from the states. As far as the ISP listing of ordinances, check it against what the city has on their website if it shows they have firearm ordinaces.

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