How can I carry/transport a handgun in Illinois?

Discussion in 'Illinois Gun Forum' started by death01, Mar 28, 2013.

  1. death01

    death01 New Member

    27
    0
    0
    Hi, correct me if im wrong, we can only carry it unloaded and in the case it came in?

    How do i carry a gun if im walking/or on a bicycle? everyone always talks about when your in a vehicle, but what about when your walking

    Can you carry a gun just because, for no reason?

    If your stooped by cops what do you tell them?
     
  2. purehavoc

    purehavoc New Member

    4,799
    2
    0
    unloaded and in a closed case, if your stopped by a LEO you dont need to tell them anything unless they ask . , Im not sure why you would be carrying it on a bike but what ever , is no different than a vehicle as far as I see it , walking so long as its in a case , unloaded Im not sure they cant say anything , you might get some looks by people , no dont think your not going to have issues if your riding your bike or walking by a school with a gun cased
     

  3. death01

    death01 New Member

    27
    0
    0
    Ill have it in my bookbag, noone will see the im carrying a gun.
     
  4. death01

    death01 New Member

    27
    0
    0
    (http://www.nraila.org/gun-laws/state-laws/illinois.aspx)

    "CARRYING

    It is unlawful to carry or possess any firearm in any vehicle or concealed on or about the person, except on one’s land or in one’s abode or fixed place of business. It is unlawful to carry or possess any firearm on or about one’s person upon any public street, alley, or other public lands within the corporate limits of a city, village, or incorporated town, except when: an invitee thereon or therein; for the purpose of the display of firearms or the lawful commerce in firearms; or when on one’s land or in one’s abode or fixed place of business.

    Exceptions are persons using their firearms on established target ranges; licensed hunters, trappers, or fishermen while engaged in their licensed activity; transportation of firearms that are broken down in a non-functioning state or are not immediately accessible (e.g., in the trunk of a car); and transportation, carrying, or possession of a firearm which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid FOID. Under the Wildlife Code, it is unlawful to have or carry any firearm in or on any vehicle or conveyance unless unloaded and enclosed in a case."

    is it basically saying one can carry a gun unloaded and in a case and not easily accessible right? the first paragraph says we cant carry a gun wtf?

    "It is unlawful to sell, manufacture, purchase, possess or carry any weapon from which more than one shot may be discharged by a single function of the trigger, including the frame or receiver of any such weapon. "

    omg i wanted a gun like this lol. is it saying we cant have a gun that fires more than one shot without having to reload?

    Thank you very much.
     
  5. winds-of-change

    winds-of-change The Balota's Staff Member

    29,453
    329
    83
    I would not do that. Get caught, lose your guns. Get thrown into the court system. Pay a high priced lawyer, etc.

    To transport in Illinois they must be in the trunk of your car in a case. If you don't have a trunk, such as a van, they must be in the far back in a locked case. They have to always be out of the reach of the driver.

    If you chose to break the law, that's your choice. I don't agree with the laws but I don't want to get arrested for breaking any gun laws and lose my guns. It is what it is..........for now.
     
  6. death01

    death01 New Member

    27
    0
    0
    Do you have a source that says they must be in the trunk of a car and thatthats the only way of transporting a gun. I definitely do not want to break the law.What if we dont own a car or to same money we choose to walk? If i have it unloaded and in its case is it still illegal?
     
  7. purehavoc

    purehavoc New Member

    4,799
    2
    0
    Illinois

    Tue, Oct 18, 2011

    gun transportation, rifle moving, transporting a firearm

    720 ILCS 5/24-1
    (4) Carries or possesses in any vehicle or concealed
    on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person’s permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (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; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case,

    HOW CAN I LEGALLY TRANSPORT A FIREARM ON MY PERSON OR IN MY SPORTS UTILITY VEHICLE (SUV), PICKUP TRUCK, VAN, STATION
    WAGON, OR EVEN A MOTORCYCLE?
    Three statutory codes regulate the possession, transfer, and transportation of firearms – the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act.
    In order to comply with those statutes when transporting
    a firearm, it must be:
    1. Unloaded, and
    2. Enclosed in a case, and
    3. By persons who have a valid FOID card.
    4. Non-Residents must be eligible to possess
    or acquire fi rearms and ammunition in their
    state of residence.

    HOW CAN I LEGALLY TRANSPORT OR POSSESS AMMUNITION?
    Illinois law requires residents possessing ammunition have a valid FOID card. The location of ammunition being transported, including ammunition being
    transported in loaded magazines, is not regulated if the firearm is possessed or transported lawfully.

    IS IT LEGAL TO HAVE AMMUNITION IN THE CASE WITH THE FIREARM?
    Yes, as long as the firearm is unloaded and properly enclosed in a case.
    CAN I KEEP A FIREARM IN MY HOTEL ROOM WHEN I TRAVEL?
    Yes, assuming no local ordinance applies. The critical question is how the firearm was carried into the room and transported in a vehicle. Those actions must be done lawfully.

    DOES A FIREARM HAVE TO BE BROKEN DOWN TO BE LEGAL?
    No. However, it is recommended that to transport a firearm, it be unloaded and encased and possessed by the holder of a valid FOID card.

    HOW DO I TRANSPORT A FIREARM THROUGH AN ILLINOIS COMMUNITY WITH AN ORDINANCE THAT PROHIBITS FIREARMS OR
    HANDGUNS?
    Illinois’ Unlawful Use of Weapons law does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through
    such communities could be subject to local firearm ordinances. It is recommended that you contact local authorities regarding their fi rearm ordinances.

    What is a FOID card?

    The FOID card was created in 1968, by the FOID Act, as a way to identify those persons eligible to possess and acquire firearms and firearm ammunition as part of a public safety initiative in the State of Illinois.

    Who needs a FOID card?

    Unless specifically exempted by statute, any Illinois resident who acquires or possesses firearm or firearm ammunition within the State must have in their possession a valid Firearm Owner’s Identification (FOID) card issued in his or her name.

    I have a friend/relative who has a “conceal and carry” permit issued in the state in which they reside. Is the permit recognized in Illinois? No. Non-residents are subject to Illinois law, restrictions, and penalties, and should be familiar with them if the non-resident plans to bring a firearm into the state of Illinois.

    WHAT IF I LEAVE A FIREARM IN MY VEHICLE (REGARDLESS OF LOCATION) AND SOMEONE WITHOUT A FOID CARD IS DRIVING THE
    VEHICLE AND IS STOPPED BY POLICE AND THE FIREARM IS FOUND?

    The law states a person must “knowingly” violate the law. The assumption in the question is that the driver was unaware of a fi rearm’s presence. However, at a
    traffi c stop, you should expect the officer to handle the situation at face value, take enforcement action accordingly, and let the court settle the matter. Don’t
    put someone in that position.
    I HAVE A FRIEND/RELATIVE WHO HAS A “CONCEAL AND CARRY” PERMIT ISSUED IN THE STATE IN WHICH THEY RESIDE. IS THE
    PERMIT RECOGNIZED IN ILLINOIS?

    No. Illinois does not recognize “conceal and carry” permits from any state. Non-residents are subject to Illinois’ law, restrictions, and penalties, and should be
    familiar with them if the non-resident plans to bring a firrearm into the state of Illinois.

    DO I NEED A VALID FOID CARD FOR A MUZZLELOADER OR BLACKPOWDER GUN?
    Yes. In Illinois, muzzleloaders and blackpowder guns are considered firearms.
    WHAT CONSTITUTES “UNLOADED” FOR A MUZZLELOADING FIREARM?

    17 Ill. Admin. Code, Ch. 1, Sec. 660.30 (b)(5) provides a defi nition for an unloaded muzzleloading fi rearm as follows:
    “Removal of percussion cap or removal of prime powder from frizzen pan with frizzen pan open and hammer all the way down, or removal
    of prime powder from fl ashpan and wheel unwound, or removal of prime powder and match with match not lit shall constitute an unloaded
    muzzleloading firearm.”

    Contact Information:

    Illinois State Police
    P.O. Box 19461
    Springfield, Illinois 62794-9461
    Phone: 217-782-7263
    Fax: 217-785-2821
     
  8. death01

    death01 New Member

    27
    0
    0
    thats what i thought the rules were. "on my person" im assuming it means if your on a bike or walking or something non-vehicle related
     
  9. purehavoc

    purehavoc New Member

    4,799
    2
    0
    I would contact the state police and ask them , I carry firearms in a soft sided brief case which is zippered shut and lockable if need be and that is considered a legal gun case . If I were walking to a range thats how I would go about it and as discretely as possible
     
  10. death01

    death01 New Member

    27
    0
    0
    thanks for your help purehavoc.
     
  11. GTX63

    GTX63 New Member

    692
    0
    0
    It has been ruled in the courts of Illinois that a case can be defined as a center console or the glove compartment.
     
  12. purehavoc

    purehavoc New Member

    4,799
    2
    0
    Got a friend that did this . Yes its legal but most LEO don't know that . Anyway because it was a sunday and no judge he spent the night in the pokey until the judge threw this out the following morning . Maybe not the ssmartest thing to do but it is legal
     
  13. MisterMcCool

    MisterMcCool Well-Known Member Supporter

    12,828
    150
    63
    Unloaded and in "A" case is how I read it. It doesn't have to be the original packaging.
    As far as non-auto transport, I would argue the same regulations. Unloaded and in a case.

    For those who don't know, Illinois is the only state in the country that prohibits both concealed and open carry of handguns.
     
  14. purehavoc

    purehavoc New Member

    4,799
    2
    0

    Yup until June 8th anyway :D You can open carry so long as its not in the city limits , not in a vehicle and on your own property which pretty means you cant carry any where
     
    Last edited: Mar 29, 2013
  15. death01

    death01 New Member

    27
    0
    0
    "Illinois will technically become an "unrestricted" carry state on June 8, 2013 if the Illinois General Assembly fails to adopt legislation establishing a permitting system for firearms carry by that date."

    So we can open and conceal carry after June 8th? Theres a "if" in that statement so its not 100% certain?
     
  16. Jpyle

    Jpyle New Member

    4,828
    0
    0
    Carrying and transporting are two completely separate issues. If the gun is "ready to go" you will be carrying regardless of where or how the gun is stored. To legally transport a gun it must be unloaded and in a case, separate from any ammo. If you cannot place it in a separate compartment of a vehicle the case must be locked. A gun in a backpack will earn you a trip to jail in IL.
     
  17. KJG67

    KJG67 New Member

    1,428
    0
    0
    Not sure how you don't see that as concealed carry. The advice provided here is sound. Welcome to Illinois.

    Google "illinois transporting firearms" and the first three links should tell give you the answer from the ISP (two are PDFs).

    Get caught and you lose everything and get charged with a felony, which will ruin the rest of your life. Keep an eye out for when CCW gets passed soon.
     
  18. KJG67

    KJG67 New Member

    1,428
    0
    0
    One other thing. You said it'll be in a book bag. Are you bringing it to school or University?
     
    Last edited: Mar 29, 2013
  19. mybigguns

    mybigguns New Member

    87
    0
    0
    The center console of a vehicle has been deemed a suitable carrying case. The firearm may not have a loaded magazine in it, right next to it is ok though.
     
    Last edited: Mar 29, 2013
  20. ScottA

    ScottA FAA licensed bugsmasher Lifetime Supporter

    7,141
    0
    0