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Thread: Travelling to Peoria

  1. #1
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    Travelling to Peoria

    I live in New Mexico, but will be traveling to Peoria for a couple of days to visit family.... I DO NOT have a CCW permit for New Mexico or any other state. I need to know if I can carry my pistol in my personal vehicle. Does this fall under the Firearm Owner Protection Act of 1986? or would staying for 2 days be considered "staying for an extend period of time"?


    Any input would be great. Thanks in advance.

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    State Researcher lockman's Avatar
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    Quote Originally Posted by Scooter88310 View Post
    I live in New Mexico, but will be traveling to Peoria for a couple of days to visit family.... I DO NOT have a CCW permit for New Mexico or any other state. I need to know if I can carry my pistol in my personal vehicle. Does this fall under the Firearm Owner Protection Act of 1986? or would staying for 2 days be considered "staying for an extend period of time"?


    Any input would be great. Thanks in advance.
    You may transport your unloaded firearm in a case. The case must completely enclose the firearm and have some sort of fastener, zipper, clasp, Velcro, draw string etc., more to keep it enclosed than secure it. The center console or latching compartments that wholly encase the firearm is acceptable. The ammunition can be stored with the gun and in magazines, but can not be stored inserted into the magazine well.

    This will conform with state law. Illinois does not have full preemption so some local ordinances may be stricter. Even the most restrictive generally will allow the cased unloaded transport.

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    State Researcher lockman's Avatar
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    I should add that as an out of state resident you are ineligible to apply for an Illinois Firearm Owner Identification Card. The Illinois courts have ruled that since you are not even allowed to apply for one, the state must treat you as if you have one for the purposes of the Unlawful Use of Weapons statutes, providing your possession and transport would be lawful in your own state.

    You should always check for yourself as these decisions and laws are changing weekly!
    Last edited by lockman; 07-16-2011 at 12:36 PM. Reason: disclaimer

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    wow

    Sucks for me.... Thanks for the info.

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    Regular Member Gunslinger's Avatar
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    Learn these lyrics so you can start singing them if you encounter one of the Gulag of IL's Stormtroopers:

    Die Straße frei den braunen Batallionen.
    Die Straße frei dem Sturmabteilungsmann!
    Es schau'n aufs Hakenkreuz voll Hoffnung schon Millionen.
    Der Tag für Freiheit und für Brot bricht an!

    And remember in the Gulag you have the same rights you'd have in North Korea. Well, not quite as many if you go to chicago...
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Regular Member M-Taliesin's Avatar
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    Howdy Amigo!
    Since other has answered your question more directly, let me just add:

    Whether or not you had a CCW permit from your home state, or any other state for that matter,
    it would not make any difference in Illinois.

    Illinois is the only state in the Union with complete disregard of 2a.

    You just flat cannot carry anywhere in Illinois, other than your vehicle.

    And don't count on having on in your vehicle if they decide to get nasty.

    Illinois state police have a habit of getting nasty.

    Chicago... don't even go there.

    I own a house in Illinois. I won't go there if I can help it.
    Not until they join the rest of America and abide by the Constitution and Bill of Rights of the United States.
    Until then, I'll avoid it like the plague.

    Enjoy your trip!

    Blessings,
    M-Taliesin

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    Quote Originally Posted by M-Taliesin View Post
    Howdy Amigo!
    Since other has answered your question more directly, let me just add:

    Whether or not you had a CCW permit from your home state, or any other state for that matter,
    it would not make any difference in Illinois.

    Illinois is the only state in the Union with complete disregard of 2a.

    You just flat cannot carry anywhere in Illinois, other than your vehicle.

    And don't count on having on in your vehicle if they decide to get nasty.

    Illinois state police have a habit of getting nasty.

    Chicago... don't even go there.

    I own a house in Illinois. I won't go there if I can help it.
    Not until they join the rest of America and abide by the Constitution and Bill of Rights of the United States.
    Until then, I'll avoid it like the plague.

    Enjoy your trip!

    Blessings,
    M-Taliesin
    You can carry in Illinois on another persons property with their permission, since the passing of HB182 a couple of years ago. You cannot carry in your vehicle, only transport, unloaded and encased. Of course if your vehicle is on private property and you have the owners permission you could carry a loaded handgun in your vehicle or on your person.

    Though Illinois is restrictive state law doesn't restrict where you are transporting to, no to and from a range, or gun shop, gunsmith etc. stuff. Of course you can't transport to a school, court house, etc.

    Peoria, thankfully isn't Chicago. Chicago has more restrictive ordinances on firearm transport. Home rule communities like Peoria, and Chicago can have transport ordinances different from state law. Peoria doesn't have a transport ordinance.

    Would I allow an Illinois LEO to search my vehicle if legally transporting a firearm? No! I'd say I have nothing illegal in my vehicle, you may not search my vehicle. If he has a search warrant, that is different.

    Illinois isn't New Mexico, but neither is it Maryland, New Jersey or Hawaii. I wouldn't worry if I was properly transporting my firearm.
    Last edited by junglebob; 07-17-2011 at 10:31 PM.

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    Regular Member M-Taliesin's Avatar
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    Quote Originally Posted by junglebob View Post
    Illinois isn't New Mexico, but neither is it Maryland, New Jersey or Hawaii. I wouldn't worry if I was properly transporting my firearm.
    Howdy Junglebob!
    No, and it sure as heck ain't Colorado. Here I open carry my firearm everywhere I go. There are very few exceptions, mostly City and County of Denver. But even Denver is okay if you have a permit to carry concealed. There are exceptions, like government buildings and places where posted "no firearms". But Illinois ain't Colorado. No open carry, no concealed carry, no car carry. I have my Judge on my hip right now, and can go out to my car and drive to any store or business in darn near every part of the state, and no hassle involved. And I carry with one in the tube and 10 in the mag.

    So, you're right about Illinois not being like other states. Those that do not respect the Bill of Rights, especially 2a, I ain't interested in visiting. I ain't interested in spending money in Illinois, and when the day rolls around that I can sell the house in Illinois, I'll totally cut any lingering ties to Illinois. I prefer living in a state where freedom is given due regard. One day, perhaps long after I've shuffled off this mortal coil, there will be a civil rights movement for citizens of Illinois. Maybe they'll get the same rights and privleges as other Americans enjoy. Maybe they'll be treated as law abiding citizens rather than victims in waiting. Perhaps a day will come when citizens of Illinois remind their representatives that they are elected to serve the people, rather than fleece them and deny them their Constitutional rights. But I don't expect to see it in this lifetime. I find it almost beyond comprehension that the Land of Lincoln isn't where the rights of the citizen are upheld to the highest degree.

    Thank you for your observations, but I'll steer clear of Illinois, where only the criminals carry guns and the citizens are helpless against assault. And I don't need permission from anybody to carry my iron. Since I started carrying, I ain't been denied my right anywhere I wanted to go. Through many different jurisdictions in Colorado, through Nebraska, Kansas and Wyoming, nobody has infringed on my right to carry my firearm. When I get my concealed carry permit, I'll be free to travel through most of America... except Illinios. And that just a cotton picking shame.

    Blessings,
    M-Taliesin

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    Quote Originally Posted by M-Taliesin View Post
    Howdy Junglebob!
    No, and it sure as heck ain't Colorado. Here I open carry my firearm everywhere I go. There are very few exceptions, mostly City and County of Denver. But even Denver is okay if you have a permit to carry concealed. There are exceptions, like government buildings and places where posted "no firearms". But Illinois ain't Colorado. No open carry, no concealed carry, no car carry. I have my Judge on my hip right now, and can go out to my car and drive to any store or business in darn near every part of the state, and no hassle involved. And I carry with one in the tube and 10 in the mag.

    So, you're right about Illinois not being like other states. Those that do not respect the Bill of Rights, especially 2a, I ain't interested in visiting. I ain't interested in spending money in Illinois, and when the day rolls around that I can sell the house in Illinois, I'll totally cut any lingering ties to Illinois. I prefer living in a state where freedom is given due regard. One day, perhaps long after I've shuffled off this mortal coil, there will be a civil rights movement for citizens of Illinois. Maybe they'll get the same rights and privleges as other Americans enjoy. Maybe they'll be treated as law abiding citizens rather than victims in waiting. Perhaps a day will come when citizens of Illinois remind their representatives that they are elected to serve the people, rather than fleece them and deny them their Constitutional rights. But I don't expect to see it in this lifetime. I find it almost beyond comprehension that the Land of Lincoln isn't where the rights of the citizen are upheld to the highest degree.

    Thank you for your observations, but I'll steer clear of Illinois, where only the criminals carry guns and the citizens are helpless against assault. And I don't need permission from anybody to carry my iron. Since I started carrying, I ain't been denied my right anywhere I wanted to go. Through many different jurisdictions in Colorado, through Nebraska, Kansas and Wyoming, nobody has infringed on my right to carry my firearm. When I get my concealed carry permit, I'll be free to travel through most of America... except Illinios. And that just a cotton picking shame.

    Blessings,
    M-Taliesin
    I can't blame you for your desire to steer clear of Illinois right now. However there is a case in the federal court in Benton Illinois, Shepard vs. Illinois that may change things Mary Shepard who has 2 non-resident licenses to carry from other states has brought a case against Illinois because she was severely beaten by an intruder at the church where she worked in Illinois. She contends she was not armed because Illinois has no LTC provision. A LTC (concealed carry) bill fell 6 votes short of the super majority needed to pass in the Illinois house this year. Her court case could bring changes, though it will probably be quite a while before Illinois becomes an open carry state.

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    Regular Member M-Taliesin's Avatar
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    Quote Originally Posted by junglebob View Post
    I can't blame you for your desire to steer clear of Illinois right now. However there is a case in the federal court in Benton Illinois, Shepard vs. Illinois that may change things Mary Shepard who has 2 non-resident licenses to carry from other states has brought a case against Illinois because she was severely beaten by an intruder at the church where she worked in Illinois. She contends she was not armed because Illinois has no LTC provision. A LTC (concealed carry) bill fell 6 votes short of the super majority needed to pass in the Illinois house this year. Her court case could bring changes, though it will probably be quite a while before Illinois becomes an open carry state.
    Howdy Amigo!
    I appreciate the information quoted above. I am aware of Mary Shepard and have watched the video she made in support of 2a rights, and listened as she told her story. How shameful that she was denied the right to defend her life and safety from a brutal assault. I hope she sues the pants off Illinois and brings about some positive change.

    Meanwhile, cases such as that take awhile, as you have noted. I'd like to see OC in Illinois, but would settle for concealed carry reciprocity if the state can be made to instigate a concealed carry license of some sort. I get the feeling that any CC permit process would be restrictive and likely tough for the average citizen to deal with. Unfortunately for the citizens of Illinois, criminals don't fret much about getting a permit to carry legally. Why should they, given that they intend to violate and and all laws to start with. While Mary had permits from other jurisdictions, she was denied the right to carry in Illinois. The criminal who brutally attacked her would scarcely have minded any laws prohibiting him from carrying a weapon. So whom does Illinois serve? The law abiding citizen seeking to exercise their Constitutional rights, given by God? Or the criminal would be inconvenienced in his chosen profession of preying on the innocent victims they assault, rob, brutalize, rape, murder and otherwise abuse without fear of the citizen being able to fight back!

    Court cases are fine and dandy, but citizen activism and a concerted movement more effective.

    Blessings,
    M-Taliesin

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    Im from Florida and I have a CCL. Can I carry my gun in my center console with a loaded mag separate from the gun?

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    State Researcher Bill Starks's Avatar
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    Just to clarify...
    The center console or latching compartments that wholly encase the firearm is acceptable.
    I have a Suburban with a center console that does not lock. I can place the unloaded firearm in the console, magazine nearby and will be good to drive thru Ill?
    I don't plan on stopping but would really hate if I have to go to the back and case it. I'm legal to carry in every state surrounding Ill (not that it matters in Ill).

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    Quote Originally Posted by M-Taliesin View Post
    Howdy Amigo!
    I appreciate the information quoted above. I am aware of Mary Shepard and have watched the video she made in support of 2a rights, and listened as she told her story. How shameful that she was denied the right to defend her life and safety from a brutal assault. I hope she sues the pants off Illinois and brings about some positive change.

    Meanwhile, cases such as that take awhile, as you have noted. I'd like to see OC in Illinois, but would settle for concealed carry reciprocity if the state can be made to instigate a concealed carry license of some sort. I get the feeling that any CC permit process would be restrictive and likely tough for the average citizen to deal with. Unfortunately for the citizens of Illinois, criminals don't fret much about getting a permit to carry legally. Why should they, given that they intend to violate and and all laws to start with. While Mary had permits from other jurisdictions, she was denied the right to carry in Illinois. The criminal who brutally attacked her would scarcely have minded any laws prohibiting him from carrying a weapon. So whom does Illinois serve? The law abiding citizen seeking to exercise their Constitutional rights, given by God? Or the criminal would be inconvenienced in his chosen profession of preying on the innocent victims they assault, rob, brutalize, rape, murder and otherwise abuse without fear of the citizen being able to fight back!

    Court cases are fine and dandy, but citizen activism and a concerted movement more effective.

    Blessings,
    M-Taliesin
    We have quite a bit of activism for license to carry in Illinois. Just months ago a LTC bill HB148 was just 6 votes shy of a super majority in the Illinois house. Gun Owners Lobby Day which is in support of license to carry and the against gun control laws gets attendence of 4000 to 5000 at the state capital. Illinoiscarry.com, the Illinois State Rifle Association and NRA's lobbyist are all working on getting carry legislation passed. LTC bill 148 originally did not specify concealed carry.

    According to NRAs lobbyist a non-resident can transport a firearm unloaded and encased with a loaded magazine in the case. The center console has been ruled a case. Unfortunately not all LEOs are up on transport law. I transport that way in a Uncle Mikes fanny pack and have for 6 years, BTW.

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    State Researcher Bill Starks's Avatar
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    According to NRAs lobbyist a non-resident can transport a firearm unloaded and encased with a loaded magazine in the case. The center console has been ruled a case. Unfortunately not all LEOs are up on transport law. I transport that way in a Uncle Mikes fanny pack and have for 6 years, BTW.
    Do you have a bill or reference to back this up that i can carry with me ?

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    Quote Originally Posted by M1Gunr View Post
    Do you have a bill or reference to back this up that i can carry with me ?
    You can go to the Illinois State Police website www.isp.state.il.us and click on foid/firearms. Look at the frequently asked questions and you will find How can I legally transport a firearm in my vehicle? 1. Unloaded 2. Enclosed in a case, and 3. By persons who have a valid FOID card. Now #3 is where the NRA lobbyist Todd Vandermyde disagrees. Non residents are not eligible to get a FOID card, therefore he says they can't be required to have one and are exempt from this requirement. The ISP website mentions nothing about carrying it with you when not in a vehicle, the law doesn't say you can't transport on foot, the State Police just don't like the idea.

    The State Police website infers that the Unlawful Use of Weapons law says you must transport in a case, it says case shipping box or other container. The Wildlife Code however does require transport to be in a case designed for a firearm.
    To further muddy the water some communities in the north east part of the state have their own transportation ordinaces. Failing to abide by these would be an ordinance violation.

    If I wanted a handgun for protection I'd transport it in the console, in a case, unloaded and if stopped I wouldn't concent to a search. I wouldn't need to have it in the case but if a LEO who didn't know about the Diggins decision found it I would be less likely to be arrested. In Southern Illinois where I live you are less likely to have trouble than north east Illinois. You will have to make the choice yourself, just saying what I'd do.

    In a traffic stop you might be asked do you have drugs, guns, or anything illegal in the vehicle. The best answer is "no I have nothing illegal in my vehicle." Next question might be You have nothing to hide so may I search your vehicle? Answer "No you may not" not No I have nothing to hide. Answer No I have nothing to hide and he starts his search, answer yes and he starts his search.
    Last edited by junglebob; 08-29-2011 at 09:54 AM.

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    State Researcher Bill Starks's Avatar
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    Thanks much for the info.

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    In People v. Diggins, 235 Ill.2d 48, 919 N.E.2d 327 (2009), the Illinois Supreme Court held that a center console constituted a "case." In People v. Holmes, 241 Ill.2d 509, 948 N.E.2d 617 (2011), the Illinois Supreme Court held that a person licensed to carry a firearm in his or her state of residence is exempt from the FOID Card Act and also entitled to transport firearms in a vehicle in the same manner as a FOID card holder.
    Last edited by JimMullinsWVCDL; 08-29-2011 at 01:45 PM.
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    Quote Originally Posted by WVCDL View Post
    In People v. Diggins, 235 Ill.2d 48, 919 N.E.2d 327 (2009), the Illinois Supreme Court held that a center console constituted a "case." In People v. Holmes, 241 Ill.2d 509, 948 N.E.2d 617 (2011), the Illinois Supreme Court held that a person licensed to carry a firearm in his or her state of residence is exempt from the FOID Card Act and also entitled to transport firearms in a vehicle in the same manner as a FOID card holder.
    Isn't it interesting that though the Illinois Supreme Court ruled you can transport this way the Illinois State Police don't tell you that. There website does say under FAQ that you can transport a loaded magazine with the firearm. In some states this would make the gun "loaded" , not in Illinois. So you can transport that way have a semi-auto handgun unloaded with its magazine beside it, then if needed its only seconds before your handgun is usable. This isn't ideal of course but sure better than having it in the trunk.

    Since this topic is about traveling to Peoria, I'll mention that Peoria does have some firearm ordinances. Nothing is said about transporting, but concealing on your person is prohibited. Also there is registration required for a handgun if you are there more than 10 days, you are considered residing there then. If going to a city in Illinois while transporting a firearm it would be wise to check for firearm ordinances under the foid/firearms tab. It does tend to be a northern Illinois thing. O'Fallon (near St.Louis) and Carbondale in Southern Illinois have firearms ordinaces but nothing different for transport, no others down here.
    Last edited by junglebob; 08-29-2011 at 03:29 PM.

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    Quote Originally Posted by Scooter88310 View Post
    Sucks for me.... Thanks for the info.
    Sucks for you? How'd you like to live in Illinois...

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