I'm visiting a friend in MO and traveling thru IL on Saturday. I know I have reciprocity in IN, and MO with my MI CPL. It is my understanding that I can carry while driving in IL with my MI CPL but must leave my pistol locked in the car in a lockable container if I stop. Is this correct?
Passing Thru IL?
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NavyLCDR
member
Yep.
NavyLCDR
member
There are still a very few local ordinances that limit magazine capacity for rifles, but not for handguns.
NavyLCDR
member
Here is what you need to know:
http://www.handgunlaw.us/states/illinois.pdf
http://www.handgunlaw.us/states/illinois.pdf
RustyShackelford
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Gun laws, statues, city ordinances....
As posted, Id refer to the great resource; www.handgunlaw.us or get a 2014 copy of www.gunlawguide.com if you travel often.
Id also suggest checking the state or city laws often for where you plan to travel.
Some changes or minor adjustments are made by state AGs or city officials.
Don't go by what you think is the law, but the law.
As posted, Id refer to the great resource; www.handgunlaw.us or get a 2014 copy of www.gunlawguide.com if you travel often.
Id also suggest checking the state or city laws often for where you plan to travel.
Some changes or minor adjustments are made by state AGs or city officials.
Don't go by what you think is the law, but the law.
Neo-Luddite
Member
You'll be fine--no state mag limit, ban on HP bullets ect. in IL. If you take your weapon out of the car it must be cased/bagged and unloaded. A loaded mag outside the mag well counts as unloaded. Not really as big a deal as it is sometimes made to seem. Have a good trip!
I wrote a longish post on this some time ago.
http://fccaillinois.blogspot.com/2014/03/car-carry-for-non-residents.html
I would point out the the unloaded and encased thing is an exemption found in the UUW law and specifically requires that the person carrying a firearm in this manner be the holder of a FOID card, that most non-residents cannot get.
This is the language of the actual exemption.
My guess is it won't come up, but legalistically, as a NR the unloaded and encased exemption just does not apply to you, except for the very few NR who have a FOID card.
For those who have out of state licenses, the state supreme court has at least in a limited way equated out of state licenses to FOID cards, but the extent of this is untested.
http://fccaillinois.blogspot.com/2014/03/car-carry-for-non-residents.html
I would point out the the unloaded and encased thing is an exemption found in the UUW law and specifically requires that the person carrying a firearm in this manner be the holder of a FOID card, that most non-residents cannot get.
This is the language of the actual exemption.
My guess is it won't come up, but legalistically, as a NR the unloaded and encased exemption just does not apply to you, except for the very few NR who have a FOID card.
For those who have out of state licenses, the state supreme court has at least in a limited way equated out of state licenses to FOID cards, but the extent of this is untested.
Incorrect: IL Bob has the correct answer.
From the state police website firearms FAQ for non-residents "unloaded and in a case" is NOT sufficient.
(emphasis added)
An extension to this is possible through the FCCA - IF the non-resident has a valid concealed carry permit in their home state they may keep a loaded firearm in their vehicle ONLY while they travel through the state. If they do NOT have a resident permit from their home state, it must be broken down in a non-functional state and not immediately accessible.
Sav .250
Member
No mater what , the responsibility of knowing what`s ..what is on you. There are publications with that type of information and much more. Might want to pick one up.
Not to mention gas prices are a bit on the high side in Illinois due to taxes; even if you don't care about the politics of contributing to their economy, you'll save a few bucks by filling up before entering or waiting til you're in MO.
Neo-Luddite
Member
The OP in question has a CCW permit so the weapon may indeed be loaded in the car unlike mere mortal out-of-state travelers; and I know that part is understood. If they needed to remove the weapon from the car for whatever reason, what would their recourse be beyond cased and unloaded?
Technically to comply with all laws, for a non resident transporting a firearm, the firearm needs to be broken down in a non-functional state and not immediately accessible. Being in a case works for the latter, popping the slide off a handgun works for the former. If the firearm has a magazine disconnect where it can't fire without the magazine in, it's "non functional" the moment the magazine is popped out, though.
This being said, every law enforcement officer has been trained that "if it is in a case and unloaded it's OK", and not many would be aware of the subtle nuance in the law that makes that a potential FELONY for non-FOID holders...
So while you shouldn't have problems if it's unloaded and in a case, be aware that having it assembled, technically, is opening you up to a very serious charge. I'd say 99% of law enforcement officers would send you on your way, but there's always that 1% to worry about. Since it could be a felony charge I'd err on the side of caution. (a lesser charge would be a misdemeanor, depends on if there's any aggravating factors).
Red Wind
Member
We went through this scenario a few weeks ago. Non residents of Illinois are not required to have a FOID card.
https://www.isp.state.il.us/foid/firearmsfaq.cfm
https://www.isp.state.il.us/foid/firearmsfaq.cfm
no one said they do. They just are not eligible for the "unloaded and encased" exemption from 3 provisions of the UUW law if they don't have a FOID.
Red Wind
Member
Link that connection up for me please.
Red Wind
Member
I see this and this from the ISP:
Red Wind
Member
So, a non resident need not require a FOID. Yet, he is breaking the law by not breaking down his firearm? The 2 quotations above do not say that.At all.
Please make that connection if you will.
Please make that connection if you will.
Ok. I will try to simplify it for you.
the unloaded and encased exemption to three provisions of the UUW law applies only to FOID card holders. If you do not have a FOID card that exception does not apply.
There are two other exemptions to the same three UUW law provisions. neither of them require one to have a FOID card. One of those exemptions allows for broken down firearms, and the other for firearms not immediately accessible. So, as a NR, you would have to take advantage of one of those two exemptions, and not the "unloaded and encased" exemption that a NR cannot generally qualify for since a NR cannot generally get a FOID card.
the ISP brochure is somewhat confusing, as the law is very confusing. The thing is the brochure is not the law.
These are the three exemptions. I copied and pasted them right off the GA webpage.
(i) and (ii) do not require a FOID card.
(iii) requires a FOID card.
A NR cannot generally be issued a FOID card.
Therefore a NR generally needs to use exception (i) or (ii) to be acting within the law.
the unloaded and encased exemption to three provisions of the UUW law applies only to FOID card holders. If you do not have a FOID card that exception does not apply.
There are two other exemptions to the same three UUW law provisions. neither of them require one to have a FOID card. One of those exemptions allows for broken down firearms, and the other for firearms not immediately accessible. So, as a NR, you would have to take advantage of one of those two exemptions, and not the "unloaded and encased" exemption that a NR cannot generally qualify for since a NR cannot generally get a FOID card.
the ISP brochure is somewhat confusing, as the law is very confusing. The thing is the brochure is not the law.
These are the three exemptions. I copied and pasted them right off the GA webpage.
(i) and (ii) do not require a FOID card.
(iii) requires a FOID card.
A NR cannot generally be issued a FOID card.
Therefore a NR generally needs to use exception (i) or (ii) to be acting within the law.
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Red Wind
Member
Sorry. Your explanation does not compute with the ISP .
What part does not compute?Sorry. Your explanation does not compute with the ISP .
No where in the brochure does it say a NR can take advantage of the "unloaded and encased" exemption.
In any case, it just does not matter. What matters is what the law actually says. That is the only thing the judge is going to care about.
What some brochure says has no effect at all on what is or is not legal, even one published by the ISP.
OK GUYS... FROM THE ISP WEBSITE THAT I LINKED EARLIER AND QUOTED:
The "unloaded and in a case" exemption ONLY APPLIES TO FOID HOLDERS.
Non-residents cannot generally obtain an FOID so they must transport the firearm broken down in a non functional state OR cased, but not immediately accessible. (Glove box unloaded = not OK. Center console unloaded = NOT OK. In truck cab with you = NOT OK, needs to be disassembled. Trunk of car = OK, unloaded and cased is enough. Locked toolbox in bed of truck in cases = OK, not immediately accessible, unloaded and cased is enough.)
Residents with FOID but no CCL, Glove box unloaded = OK, center console unloaded = OK (assuming it has a latch of some sort), unloaded in a pistol case and on your lap = OK, unloaded in a zip lock bag = OK.
It's very simple, and it is on the ISP website at the link I posted above.
Once again, the link you need is HERE:
http://www.isp.state.il.us/docs/ptfire.pdf
DO NOT confuse "possession without an FOID" with "how to legally transport without an FOID."
Non residents do not have to have an FOID to possess a firearm. But they DO have to abide by the disassembled OR not readily accessible provision to legally do so, since they cannot carry it unloaded and in a case AND have it immediately accessible.
This is per IL LAW, and PER THE ISP.
The Illinois State Police WILL arrest you on this.
Most city / county cops wouldn't. But the state troopers are the ones you'll run in to on the interstate, and they'll throw the book at you.
The "unloaded and in a case" exemption ONLY APPLIES TO FOID HOLDERS.
Non-residents cannot generally obtain an FOID so they must transport the firearm broken down in a non functional state OR cased, but not immediately accessible. (Glove box unloaded = not OK. Center console unloaded = NOT OK. In truck cab with you = NOT OK, needs to be disassembled. Trunk of car = OK, unloaded and cased is enough. Locked toolbox in bed of truck in cases = OK, not immediately accessible, unloaded and cased is enough.)
Residents with FOID but no CCL, Glove box unloaded = OK, center console unloaded = OK (assuming it has a latch of some sort), unloaded in a pistol case and on your lap = OK, unloaded in a zip lock bag = OK.
It's very simple, and it is on the ISP website at the link I posted above.
Once again, the link you need is HERE:
http://www.isp.state.il.us/docs/ptfire.pdf
DO NOT confuse "possession without an FOID" with "how to legally transport without an FOID."
Non residents do not have to have an FOID to possess a firearm. But they DO have to abide by the disassembled OR not readily accessible provision to legally do so, since they cannot carry it unloaded and in a case AND have it immediately accessible.
This is per IL LAW, and PER THE ISP.
The Illinois State Police WILL arrest you on this.
Most city / county cops wouldn't. But the state troopers are the ones you'll run in to on the interstate, and they'll throw the book at you.
Red Wind
Member
Ok, brothers. I personally know Ronald Grimming, once head of the ISP, then head of the Florida Highway Patrol. We worked a case together in 1994-1996. He agrees with my assessment completely.
http://www.flhsmv.gov/fhp/History/1990s.htm#Innov
You can go on with your tiny ,weeny, itsy bitsy"technicality". I will go on with a copy of post #19 in my glove box when, I visit my Illini relatives. No breakdown. A dozen visits since 1995 with no problems. You can go on with your "thinking".
It is no wonder you were the last on the list.
But we have to be cool. In a few weeks ,another internet wanderer will wonder about carrying through the "Land of Lincoln." Bob and Trent will be there to "carry"' them through. To stay in good standing, I will be in absentia.
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NavyLCDR
member
If I was traveling through Illinois, with a HANDGUN for personal protection, this is the Illinois statute that I would abide by. A lot of posters are confusing the laws for transporting a rifle with transporting a HANDGUN for personal protection. It's right in the law from the Illinois State government website, and it is really simple:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39
Again, don't confuse a "concealed firearm" which means "a loaded or unloaded handgun" with any other type of firearm. That's where some of you are having issues.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39
Again, don't confuse a "concealed firearm" which means "a loaded or unloaded handgun" with any other type of firearm. That's where some of you are having issues.
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