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From Florida, how do I carry in Illinois.
- Thread starter 10x
- Start date
Golden Eagle
Regular Member
Car carry only. Start here: http://forum.opencarry.org/forums/showthread.php?117776-Visiting-from-Florida
Do you have a more specific question?
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Golden Eagle
Regular Member
Hunter ... where to start.
1 Most of those questions are about FOID cards that someone from out of state(Florida) can't get.
2 From site: "DISCLAIMER: Answers provided to the following questions are meant only to give general guidance. The answers do not and are not meant to replace statutory language."
3 Those are the old laws, do you know on July 9 2013 there are new laws?
OK I'm done.
Adding: THunter, 10X You were both informed this this back in July: :uhoh:
http://forum.opencarry.org/forums/s...ar-CC-from-out-of-State&p=1966740#post1966740
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davidmcbeth
Banned
I think that the only way you can carry is to lock up your gun in a container (w/o ammo) in the trunk of your car and carry the entire car around.
But there are counties that will not arrest a CC-er and would not arrest them even prior to the new law being passed. Some DAs think that carry is a right and not subject to a vote.
Crook county is not one of them
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junglebob
Regular Member
I think that the only way you can carry is to lock up your gun in a container (w/o ammo) in the trunk of your car and carry the entire car around.
But there are counties that will not arrest a CC-er and would not arrest them even prior to the new law being passed. Some DAs think that carry is a right and not subject to a vote.
Crook county is not one of them
You may conceal carry in your vehicle with a CHL from your state (law says if you can legally carry in your state, wouldn't try it without a CHL unless you want to be a test case). You can transport a handgun unloaded, no round in chamber, magazine out of gun in a case, shipping box, or other container. I'd suggest a case. It need not be locked and a loaded magazine may be in the case, it's called "6 seconds from safety". If you go to www.isp.state.il.us and go to the firearms tab on the left and click on How To Transport a Firearm it will tell you. You can transport broken down in a non-functioning state, or not immediately accessible. or #3 option unloaded, and encased. Though Illinois Police Website doesn't mention it You could transport on your person in a fanny pack, or similar case, purse for you ladies. I've been "container transporting" for about 9 years now in an Uncle Mikes Sidekick fanny pack.
The brochure How to Transport Your Firearm can be printed out should you want to have a copy with you.
As DavidMcBeth says their are counties where they won't arrest you for carry, outside the vehicle. Randolph county states attorney says you are OK unless its in a school, court house or church. Not sure why he says church because under the carry law a church isn't a CPZ. There are 15 total in Illinois in the southern and central part of the state.
BTW, if stopped by a police officer and asked you must tell him if you are carrying in your vehicle.
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Golden Eagle
Regular Member
OMG the Ill State police have not updated their web site! Why does everyone keep putting up links to it?
:banghead: :banghead: :banghead:
http://www.ilga.gov/legislation/publicacts/98/PDF/098-0063.pdf
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junglebob
Regular Member
In section 40 of 098-0063 it mentions transport by people who can legally carry in their state. This should have been stated as vehicle carry as it doesn't require your handgun to be unloaded only concealed. If you can't carry in your state but can legally possess a handgun the unloaded, and encased requirement would apply that hasn't changed.
I asked about this on the Illinoiscarry.com forum and was told by the NRA lobbyist that it allows for non-residents who can carry in their state to have their firearm concealed and loaded in their vehicle. I wish they had used the wording "conceal carry in a vehicle" they didn't.
If you go to the firearms tab at the www.isp.state.il.us and click on concealed carry and go to the FAQ. You'll find a question about out of state concealed carry permit holders reciprocity. And it says there is no reciprocity but there is a limited exemption to carry in a vehicle....
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So I can CC while in my vehicle with my FL CCL?
Darkshadow62988
Activist Member
Ignoring the grammar issue. You, as a FL resident with a FL permit, may carry a loaded concealed handgun in your vehicle in IL. You cannot, however, possess a loaded handgun outside the vehicle. Outside the vehicle the handgun must be unloaded and in an enclosed case/container, e.g. a fanny pack with a zipper or Velcro fastener.
junglebob
Regular Member
The unloaded handgun could be carried in a purse, backpack, or any container which completely encloses the firearm. There was a conservation officer in our church who mentioned stopping someone who had an unloaded handgun in a Seagram's 7 bag in his car. He said that was OK as it was a container that completely enclosed the handgun. I know another fellow who transports a small handgun in a diabetic insulin case. Bible covers work good for transporting to church on Sundays, or if you have a bible with you during the week. Just to let folks know there used to be a requirement under the conservation laws that a firearm must be transported in a case designed for a firearm, that changed this year to the general requirement of case, shipping box or other container. Some people claimed the requirement in the conservation law applied only when hunting. I guess the conservation officer I mentioned thought so. Just make sure it is completely enclosed.
SteveInCO
Regular Member
What happens if a cop orders you to commit a felony?
Say you are exercising this "privilege" (which is actually a right they generously chose to stop infringing) as an out of stater, and have your "traveling companion" on under a jacket (say)... and you are pulled over by a stalwart of Illinois' Finest.
First off I imagine you would have to notify him that you are "packing."
He then orders you to exit your vehicle for whatever reason.
You cannot do so without breaking the law. What happens then?
Say you are exercising this "privilege" (which is actually a right they generously chose to stop infringing) as an out of stater, and have your "traveling companion" on under a jacket (say)... and you are pulled over by a stalwart of Illinois' Finest.
First off I imagine you would have to notify him that you are "packing."
He then orders you to exit your vehicle for whatever reason.
You cannot do so without breaking the law. What happens then?
Darkshadow62988
Activist Member
IANAL, however, AFAIK most states have specific statutes and policies dealing with duress and compulsion. Basically, for crimes where the threat of force or harm against the accused are greater than the harm caused by the crime, usually misdemeanors(stealing property because you or someone you love is being held hostage and you've been ordered by the hostage taker to steal the property, but not committing murder to avoid what you believe would be harm to you or someone you care about) you should be legally okay. Keeping in mind that verbal commands are generally considered the second level or force used by LEO's on the force continuum, were you to be ordered by an officer to commit a crime where the harm(getting out of a the vehicle with a loaded firearm) is likely to be less harmful than not doing so(resulting in you being violently cuffed and stuffed, held at gunpoint, potentially assaulted, or even killed at the hand of a trigger happy/poorly trained/unfit LEO) you would still face the possibility of being arrested. However, duress/compulsion would likely be an acceptable defense, but that could be up to the judge/jury to decide.
Potentially, a good civil rights attorney might actually look to advance his career and gain good name recognition from winning such a case.
press1280
Regular Member
IL permits(resident and non-resident) won't be ready until possibly March? That's if ILSP has their act together. I have heard some moaning that they think they won't be ready.
cirrusly
Regular Member
You will almost certainly get arrested if you carry a loaded concealed handgun in your vehicle and are stopped by a LEO north of I-88 / I-80. This is assuming not having an Illinois CCW. While it is technically is legal to carry within your car if you can legally carry within your state, or as you stated "FL resident with a FL permit, may carry a loaded concealed handgun in your vehicle in IL," LEOs are not informed of this legal provision.
I have a good friend, he is a LEO for a county which boarders the Chicago suburbs. He is well-educated (went to undergraduate with him), a 2A supporter with a private collection of firearms; yet he was not aware of this legal provision. In the "car carry" scenario he explained he would surely arrest. He even inquired about "car carry" to his Sargent after I raised the question to him, and his Sargent gave him the same answer: arrest.
In short, most likely you would be arrested if you carry a concealed handgun in your car regardless of your Florida CCW. If it were me, the gun would be locked in the trunk of the vehicle. You may be legally correct, but is it worth getting arrested, spending a night or two in a jail cell, a court hearing and legal fees?
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OC for ME
Regular Member
Avoid Illinois at all costs. Obviously, a full tank of gas is required, and do a potty break before entering Illinois. I do. I transit only and set the cruise control to one MPH below the posted. MO or KY, back in the land of liberty. The PRI is not a place to be caught with a pistola, not even a hunting long arm, in my view. Yep, I gottem in the truck, but I don't stop or speed. 175 miles of "no man's land" between STL and Paducah.
cirrusly
Regular Member
+1. Illinois is about on par with the states on the North Eastern seaboard. (Excluding Vermont)
Also beware some municipalities have magazine restrictions limiting all magazines to 10 rounds. Thankfully there is now a state-wide preemption as part of the IL CCW laws (effective July 2013) that precludes further enactment of magazine limitations, but the old statues do still have power of law.
So if you are bold enough to CC in your vehicle, ensure your weapon does have a magazine > 10 rounds, or you avoid the counties that have the statute.
My intent is not to sound grim about your plans to "car carry;" rather I want to make sure you have complete information regarding the climate of CCW and complete information to make an informed decision prior to your journey.
Safe Travels.
SteveInCO
Regular Member
My understanding was different--that all pistol mag restrictions are gone, but long gun restrictions prior to the new law (and passed very shortly thereafter) remain in place.
I will sometimes, when going home from parts east, travel due west from Paducah on some US highway (not an interstate, a white shield), which crosses the Mississippi at the very pointy tip of Illinois, actually south of Cairo. You literally spend less than one mile in Illinois. You can tell almost immediately if any cops are lying in wait. The next route across the Big Muddy to the south is another hundred miles out of my way. Anyhow, once in Missouri you can head north to St. Louis on an interstate which at least vaguely travels northwest instead of north.
None of this helps, of course, if your destination is actually IN the Chicago suburbs.
cirrusly
Regular Member
I would hypothesize most LEOs would be as uncertain as the law as we are at this point. I thought ALL magazine restrictions remained. If I have a few minutes tomorrow, I'm going to research this. Unless someone can post it first...