Carrying in Illinois

D

deolexrex

New member
Does anyone know if this is legal?

I have a semiauto pistol in a zippered soft sided case. I carry this unloaded with the slide locked back in the back compartment of my briefcase. I carry a loaded mag in the front compartment of my briefcase.

What do ya think?

Also, can anyone point me to the actual gun laws for Illinois?
 
gunlaws.com will have the links you need. I would like to give you a better idea but there's so many laws to look over that it'll just take time and research to make your best educated guess on how to handle your firearms.
 
In Illinois, the only way a non-LEO and someone who isn't a licensed armed security guard can carry a firearm on their person whether it's in a holster or in some other case is if they are at their personal residence, their business that they own, are on a gun shop/range property or are in an area designated for hunting. All transportation of firearms by civilians is by having the unloaded firearm in a firearm case packed in the back or trunk of their vehicle in a matter where no one can be in direct reach of that firearm.
Simply put, there is no carrying of a firearm allowed by civilians in Illinois such as for self-protection in public.
If you were carrying any gun inside your briefcase, it would be only if you were doing something like getting out of your car and going directly inside a gun shop or in your your home. You wouldn't be allowed just to carry that firearm all day with you wherever you went, no matter if it was loaded or not.
Now there is the debate if something like a fanny pack made for gun carry can be labeled as an enclosed case which in loose defintion of Illinois gun laws could make it legal to carry provided it was unloaded and you have a FOID card.
If you are going to attempt to do this and got caught doing this, I can only imagine a long and expensive court battle and lawyers coming into play in order to prove yourself not guilty.
Do it in a rural area of Illinois, the authorties may cut you some slack. Do it in the Chicagoland urban areas and they don't care if you just got mugged the day before and are carrying because you are scared for your life. The politicians will make sure that you get fined, jail time and never have the ability to own a firearm in Illinois again.
If you want to make a political statement that may end up you serving time and costly legal battles, then all the power to you.

Or you can practice the right of everything is legal until you get caught. BUT THAT ISN'T MY ADVICE.

Get out of Illinois is MY advice if gun rights and the right to self-protection outside your home are important to you.
 
"Now there is the debate if something like a fanny pack made for gun carry can be labeled as an enclosed case which in loose defintion of Illinois gun laws could make it legal to carry provided it was unloaded and you have a FOID card."

In about 2000 (forget the exact year, might have been 2001) we were trying to get a read on what the "fanny pack exception" so we could put it out on our website and so all our people would know where to go with it should one of them come across a fanny pack carrier. We contacted the IL AG who refused to give a ruling and said it would be up to each of the state's attorneys to decide for their county. There are 102 counties in IL and each has their own state's attorney. So we contacted each state's attorney for their opinions. We didn't get 102 different answers but if there were 102 possibilities I'm sure we could have gotten 102 different answers. Some SAs said fanny pack carry was legal. Others said fanny pack carry was illegal. However, the majority of the SAs said they would handle each incident on a case by case determination. So we really didn't get a clear, definitive answer. Since then there's a new IL AG and over 1/3 of the SAs are new, however, still no one will come out with a definitive answer. No one wants to be on record either way. Afterall, they are all politicians.


"Or you can practice the right of everything is legal until you get caught. BUT THAT ISN'T MY ADVICE."

In which case you could end up with a felony conviction, plus a great deal of personal expense. Then just try owning a firearm with a felony conviction. And don't get caught possessing a gun with a felony conviction. That's a real bite on your social life.
 
All transportation of firearms by civilians is by having the unloaded firearm in a firearm case packed in the back or trunk of their vehicle in a matter where no one can be in direct reach of that firearm.
Click to expand...

I believe ( and could as always be wrong ) that the above is no longer correct. My understanding is that currently the gun must be unloaded in a case designed for a firearm and the case must be completly closed.

NukemJim
 
But the case I was putting my gun in was a pistol case zipped closed. With the ammo not in that case. How is this not within the letter of the law?
 
Who said it wasn't?
It's cased. It's unloaded. That's the requirement of IL law.
You don't even have to have the ammo in a separate case.
 
Wait Mr Bad guy while I load this pistol from my fanny pack! Seriously, I wrote to the editorial page of the Chicago Sun Times with this piece and they actually called me yesterday to tell me it would be in editorials in the next few days. I involves a recent shooting incident in which a 14 year old girl was killed by a stray bullet from an AK-47. Goes like this:

After reading the responses to Tuesdays "Instant Messages" in which people were asked how they would curb street violence I had to shake my head. As a responsible gun owner I am dumbfounded how ignorant and/or misinformed many people are regarding gun laws. For instance, possessing an AK-47 is already illegal as are MOST guns in the city of Chicago. Automatic weapons have been illegal for the general populace to own since 1933. This weapon was obviously purchased illegally or stolen which is already a felony. By some people's opinion many guns are considered "assault weapons" simply by the way they appear, even though they are semi-automatic and can only be fired one shot for every trigger pull. Firearm owners are, for the vast majority, the most law abiding citizens in the country. We follow the rules but are blamed by many for the violence perpetrated by those using guns illegally. We are the ones that have to put up with yet another "feel good" gun law that criminals will laugh at but will place further resrictions on us, even though we're not the people committing the crimes. I wonder what would happen if the government started taking people's car keys away simply because there is a minority of irresponsible people who drive drunk, but in order to save more lives EVERYBODY couldn't drive any more because of the actions of a few. I wonder if there would be an uproar? Funny how Mayor Daley is surrounded by guns at all times(security)yet he remains safe. However, the rest of us lowly citizens are not afforded the right to defend ourselves. It's also interesting that states that have right to carry laws are statistically safer than those that don't(see Land of Lincoln). It's time to stand up for something, Illinois! It's time to demand that gun laws are enforced and those that misuse firearms are dealt with in the harshest manner. It's also time to demand the right to defend ourselves. We can start by voting on Tuesday. C'mon, make a statement!
 
As long as[ VOTE EARLY VOTE OFTEN] Daley and Gov Bago**** control Illinois you are going have problems related to firearms carry or transport. Move or vote them out of office
 
Illinois State Police FAQ

http://www.isp.state.il.us/foid/firearmsfaq.cfm

The Criminal Code refers to "a case, firearm carrying box, shipping box, or other container." However, the Wildlife Code is more specific, defining case as "a container specifically designed for the purpose of housing a gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped, snapped, buckled, tied, or otherwise fastened with no portion of the gun or bow and arrow device exposed."

There is more than one way to legally transport a firearm. However, in order to be in compliance with all statutes, it is recommended all firearms be transported:
Unloaded,
Enclosed in a case and,
By persons who have a valid FOID card.

Now for the kicker

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 firearm ordinances.

If a non-resident is coming to Illinois to hunt and would like to bring their firearm, how do they legally transport it ?Non- residents must be legally eligible to possess or acquire firearms and ammunition in their state of residence. It is recommended that, in order to be in compliance with all statutes, non-residents transport all firearms:
Unloaded, and
Enclosed in a case, and
Not immediately accessible or broken down in a nonfunctioning state.
 
It's going to come down to the discression of the offier who finds you with it.

If I go to my hometown and do that and a cop finds me with it, they're likely to tell me they could arrest me for it and tell me to keep the gun elsewhere.

Go to cook county and try it, you'll be in jail.
 
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