Unloaded, encased [STRIKE]and not readily accessible[/STRIKE]. You're good-to-go.
FIFY. Loaded magazine and empty gun in a console or glovebox are perfectly legal for LTCH holders in Ill...
Seriously? After reviewing the guidelines provided in the link above, I never would have thought Illinois would consider the center console or glovebox a suitable container. I will (unfortunately) be traveling through Illinois tomorrow, so if this is true, it makes disarming at the border much easier. Thanks TF!
Seriously.
The Illinois Supreme Court itself nailed this down last year. They ruled on the gun-in-CLOSED-container and the out of state license being equal to the FOID for non-residents. And best of all the case stemmed from an arrest of an Indiana citizen in...CHICAGO!!!Seriously? After reviewing the guidelines provided in the link above, I never would have thought Illinois would consider the center console or glovebox a suitable container. I will (unfortunately) be traveling through Illinois tomorrow, so if this is true, it makes disarming at the border much easier. Thanks TF!
I won't case it in the back because the law doesn't require it and I usually travel late at night thru Ill coming back from "out West." However I do carry a complete copy of the Ill SC ruling with me to show to any PO who doesn't know the law. If he/she still hassles you be polite and let him know that you will take all legal action to cause him and his jurisdiction a whole lot of headache in court.Titanium Frost is absolutely correct about transporting, unloaded, in the console for carry license holders from out of state.
HOWEVER: Not all LEOs in IL are familiar with IL's laws for FOID cardholders, much less that carry license court precedent.
My advice is to case it, ammunition separate in the trunk. No trunk? Put it as far back in your SUV/van as you can and better still, put it in a locked container.
Yes, this is more "stringent" than IL law, but better safe than sorry if you want to ensure any LEO contacts are problem free while you're in IL.
And, as always, NEVER agree to a search!
All the best.
John
There needs to be a sticky about this in the carry thread or FAQ since it gets asked so much.
INGO FAQ said:But what if I'm going TO Illinois, not just passing through? Since Illinois is my destination, the Federal Peaceable Journey Statute doesn't really apply, does it?
It's actually not as complicated as you think. Lock the firearm in a secure container, completely unloaded, but the ammunition CAN be in the same container (even loaded in a magazine... just don't have the mag loaded in the firearm!). Melensdad did some great explaining in this thread here:
https://www.indianagunowners.com/forums/carry_...il_friday.html
https://www.indianagunowners.com/forums/the_2n...ck_answer.html
I'm too old to read the FAQs. I may not have much time left so I have to just keep making smart aleck comments and move on. But seriously, I noticed the word "locked" in the quoted FAQ. The SC case said it doesn't have to be locked. Unless that has changed with another SC ruling we're good to go as long as the container is "closed."You mean like this entry from 2010?
Know how I know you didn't read the FAQ?
I won't case it in the back because the law doesn't require it and I usually travel late at night thru Ill coming back from "out West." However I do carry a complete copy of the Ill SC ruling with me to show to any PO who doesn't know the law. If he/she still hassles you be polite and let him know that you will take all legal action to cause him and his jurisdiction a whole lot of headache in court.
FIFY. Loaded magazine and empty gun in a console or glovebox are perfectly legal for LTCH holders in Ill.
ETA Clarification: There is case law in Ill. that specifically states that our LTCH is equivilant to an Ill FOID card for Ind residents. That removes the provision to be not readily accessable for non-residents.
Ill has very good transportation laws but they only apply to FOID card holders, that is why until this case law http://www.state.il.us/court/opinions/SupremeCourt/2011/April/109130.pdf it was recommended to conform to the Federal Interstate firearm transportation regulations.
You're right. I was aware of the case law, but I don't know if I'd recommend it to anyone. Chances are, most LEO aren't going to know anything about it, and I suspect a world of trouble on the side of the road. Though, you shouldn't ever admit to a firearm in the vehicle to begin with or consent to a search.
Ironically enough, it always seems to be CCers that are just chomping at the bit to tell someone they are armed and OCers who don't inform
Wow! QFT!