Legal "concealed carry" without a permit

P

Prof Young

New member
Pistol Packers:

A relative who is in law enforcement tells me that here in Illinois, the law is such that if you carry an unloaded fire arm in a bag or fanny pack or briefcase that is zippered shut or other wise closed in a sealed manner, then it is legal "carry." In other words you can have your gun and you loaded clip separately in a fanny pack, zippered up, and it's legal. The clip cannot be in the gun, and the chamber must be empty. As I think about the laws governing the transport of firearms in Illinois, this makes sense and seems right. Thoughts and comments?

Live well and be safe
Prof Young
 
You could always just carry it around in a Cabela's shopping bag. If anyone asks just tell em you're on your way home with your new plinker :)

Not advising BTW.
 
Look it up or consult a lawyer first.
Click to expand...

As Scott mentioned above, there has to be a way to move a gun from point a to point b, but I'd want to make sure I understood all of the details before I decided to use that as a CCW.
 
According to the information from the Director of the Illinois State Police, there are three conditions that have to be met in order to transport a firearm legally in Illinois. "1. Unloaded and, 2. Enclosed in a case, and 3. By persons who have a valid FOID card." (If a person had to use a firearm in a defensive situation, he had better be able to prove that the three conditions had been previously met.) "The Criminal Code refers to "a case, firearm carrying box, shipping box, or other container." However the Wildlife Code is more specific, defining a 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 ortherwise fastened with no portion of the gun or bow and arrow device exposed." So, I believe the LEO is correct. And as scottashultz said, "How else are you supposed to get your guns to and from the range?" I am not a lawyer. But this information is quoted directly from the "Transport Your Gun Legally" / "Commonly Asked Questions on Transporting Firearms" issued by the State of Illionois.
 
The clip cannot be in the gun, and the chamber must be empty.
Click to expand...

This is a "CLIP"
M1Clip.jpg


This is a MAGAZINE
glock_mag.jpg


Even if what you describe is "legal," its stupid. An unloaded gun is just a pretty stick. SD situations usually occur in a matter of seconds.
 
The "fanny pack carry" issue came to light in about 2001. Some were advocating that it was legal, some didn't think it was, most didn't know for sure. My agency was getting called many calls everyday from the public and other LEAs/LEOs asking for an opinion on the legality. I personally fielded a lot of such calls. In order to get a statewide interpretation of how the law was applied and intent of the law we contacted the IL AG. The AG at the time was Jim Ryan who was running for governor. His office refused to give an opinion and deferred to each of the 102 states attorneys. We contacted each of the states attorneys. We got answers ranging from "it's illegal and I'll prosecute" to "it's legal and there is nothing to prosecute". The most common answer was "make the arrest, seize the firearm as evidence, then bring me the case and I'll decide on each case whether to prosecute." Not much guidance was it? What we ended up with was in 1 county fanny pack carry would not be prosecuted, cross the road into another county and the person would be prosecuted, then cross the road into a 3rd county and the person would be arrested and wouldn't know if they're going to be prosecuted until after the SA decided. It wasn't any help to the citizen or LEO. It all depended on the particular SA and court.
Since then the AG has changed and so have a lot of the SAs. However I believe if we did the survey again the results would most likely be about the same statewide.
I recommend that if you decide you want to fanny pack carry that you first contact the SAs in the counties you frequent for their current stand on the issue. Make sure you fully understand what the SA says. Do NOT try reading into his comments or trying to make them fit what you want them to say. I also recommend that you retain the services of an attorney on call because you'll most likely need someone to represent you in negotiations with the SAs. The next thing you need to consider is if you get arrested and charged are you prepared to pay the legal fees to resolve the matter. Are you prepared to possibly spend the night or weekend in jail until a judge sets bond? And the last thing to consider is are you prepared for the consequences if the court rules against you and you find yourself with possibly a felony conviction on your record and therefore never allowed to possess a firearm again, have to pay many thousands of dollars in fines and attorney fees, and possibly face jail time. At the very least, win, lose or draw, expect to spend several thousand dollars in legal fees. In other words, before you fanny pack carry make sure you are fully informed of the circumstances and your fully understand the repercussions which may result.
 
As a former Illinois resident, my understanding is that this is something of a grey area in the law. I remember back when Makarovs were widely available at bargain basement prices, they were quite popular for this role as they were good quality guns but if they were confiscated, the owner wasn't out much. It is certainly not a stunt that I would reccomend because, as ISP2605 pointed out, you'd basically be at the mercy of the SA if caught.
 
I'd assume too that any half-way intelligent attorney can make a very cogent argument of the difference between transporting a firearm from point A to B, versus routinely walking around anywhere or everywhere with one in a fanny pack.
 
I think most cops and SAs in Illinois now realize this method of carry is perfectly legal. The problem is a fair number do not care about the legality, only about making a political point. You have no way of knowing just who you might run into. At present it is best to error on the side of caution.

I think the question of whether a loaded magazine is equal to a loaded gun was put to bed a long while back. Its not, as long as it is not in the gun.

I'd assume too that any half-way intelligent attorney can make a very cogent argument of the difference between transporting a firearm from point A to B, versus routinely walking around anywhere or everywhere with one in a fanny pack.
Click to expand...
You might think so, but as of this moment all of the known cases in the last few years where someone has been arrested solely for "fanny packing" has eventually had the case dropped or dismissed, although there is an egregious one currently in the system that is still in progress. Granted it was painful for those involved, so unless you are willing to be another test case, it is probably not worth it.
 
Last edited:
I think most cops and SAs in Illinois now realize this method of carry is prefectly legal.
Click to expand...
That's an assumption not based on fact and one that could cost a person several thousands of dollars and several nights in jail in an attempt to prove one way or the other.
I sure wouldn't bet my freedom and financial life on someone who is neither an attorney, state's attorney, nor anyone not in the legal field nor from someone who hasn't done made calls to any of the SAs and just assume they know what the current legal feeling is.

I think the question of whether a loaded magazine is equal to a loaded gun was put to bed a long while back. Its not, as long as it is not in the gun.
Click to expand...
It's not illegal in IL however it may be illegal in other states. Again, you're making assumptions without knowledge. Delaware Dan posted that and if he is from Delaware he may be correct for his state.
 
There is a case before the IL Supreme Court right now that ought to settle it. Its more about whether a center console is a case for the purposes of the UUW act, but the decision may well discuss the fact that the gun being unloaded meant it would not be UUW if it is in a case as defined by the UUW act.

It will be nice to have a SC case on point along with the two appeals court rulings that have supported fanny pack carry.

But, as ISP mentioned, it is best not to be a test case. In some areas they will lock you up for the brownie points.
 
Its more about whether a center console is a case for the purposes of the UUW act, but the decision may well discuss the fact that the gun being unloaded meant it would not be UUW if it is in a case as defined by the UUW act.
Click to expand...
Nope, it won't because those aren't the facts before the court. It will only deal with that specific case and the console.
 
ISP2605 said:
"The "fanny pack carry" issue came to light in about 2001. Some were advocating that it was legal, some didn't think it was, most didn't know for sure. My agency was getting called many calls everyday from the public and other LEAs/LEOs asking for an opinion on the legality. I personally fielded a lot of such calls. In order to get a statewide interpretation of how the law was applied and intent of the law we contacted the IL AG. The AG at the time was Jim Ryan who was running for governor. His office refused to give an opinion and deferred to each of the 102 states attorneys. <good stuff snipped>

... The next thing you need to consider is if you get arrested and charged are you prepared to pay the legal fees to resolve the matter. Are you prepared to possibly spend the night or weekend in jail until a judge sets bond? And the last thing to consider is are you prepared for the consequences if the court rules against you and you find yourself with possibly a felony conviction on your record and therefore never allowed to possess a firearm again, have to pay many thousands of dollars in fines and attorney fees, and possibly face jail time. At the very least, win, lose or draw, expect to spend several thousand dollars in legal fees. In other words, before you fanny pack carry make sure you are fully informed of the circumstances and your fully understand the repercussions which may result."
Click to expand...
Thank you. Appreciate the detailed post.

I'm not sure why someone who wanted to carry in Illinois would not simply go through the process to obtain a CCW permit, however, I don't live in Illinois. It may be an impossible task...

Given the legal fees, court costs, and other negative outcomes involved in a conviction for firearms-related arrests, though, I would think that a considerable amount of jumping through hoops would be justified to try to obtain the CCW permit before carrying concealed.

Sounds crazy, I know...
 
I'm not sure why someone who wanted to carry in Illinois would not simply go through the process to obtain a CCW permit, however, I don't live in Illinois. It may be an impossible task...
Click to expand...
There is no CCW permit in IL. Not allowed.
 
ISP2605 said:
It's not illegal in IL however it may be illegal in other states.
Click to expand...
Yep, the states vary a great deal. For instance, in California the ammunition cannot be in the same container as the firearm, and the container must be lockable. Zipper is not adequate.
 
You must log in or register to reply here.
Back
Top