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
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
Illinois State Police
P.O. Box 19461
Springfield, Illinois 62794-9461