Car CC from out of State

[cirrusly]

I posted a similar sidenote in another thread but wanted to state it on this thread, as the topic is specifically non-res car carry:

In speaking with several LEOs of suburbs north of I-80, none were aware of the IL Section 90. Preemption regarding handguns, and none were aware of the IL Section 40 non-resident car carry.

Conversely, when I first posed the question about the preemption my friend (and LEO) explained no civilians can carry yet, so regardless of any handgun preemption a civilian with a loaded firearm would be charged with a "UUW," that's unlawful use of a weapon (I think). I then pointed out the car carry provision and he was equally unaware. He contended a firearm can not be loaded, and explained magazines may be loaded and carried in the same container, but no cartridges may be in the handgun.

Police departments are not disseminating this information to the officers. It's unfortunate, but I think we'll see some false arrests under laws that should be preempted under IL Section 90 until the district attorneys read up and decide to start educating their departments on the newly restored rights. And I'm surprised we haven't seen any arrests for non-resident car carry yet.

 

[lockman]

Until the first permits are doled out, non/resident permit holders have more "privilege" than residents.

LEO are often the last to know. The only time they may actually read a statute is when they are intensely scouring it in the hopes of finding something to pin on you. After all if they think it is illegal, it must be codified somewhere.

 

[SteveInCO]

LEO are often the last to know.

No joke there. A guy in Colorado Springs got arrested two or three years ago for open carry in a park, which had been legal since 2003.

 

[Golden Eagle]

No joke there. A guy in Colorado Springs got arrested two or three years ago for open carry in a park, which had been legal since 2003.

Yes and he just received $23,500 from that department for false arrest.

 

[randian]

LEO are often the last to know.

That's intentional. Unlike you or I, ignorance of the law IS an excuse if you're a LEO.

 

[junglebob]

That is for Illinois licensees, not non residents. The fun can be loaded in the car for non resident. If they want to take the fun out of the car it must be unloaded and enclosed in a case.


Carthago Delenda Est

That case could be a fanny pack, purse or other container that completely encloses the gun as long as the gun is unloaded, a loaded magazine can be in the container with the gun but not in the mag well. So the gun wouldn't have to stay in the vehicle.

 

[OC for ME]

Full tank of fuel, and potty break before I enter IL. I don't stop until KY. Never knew I could hold my breath from STL to Paducah.

 

[SteveInCO]

Full tank of fuel, and potty break before I enter IL. I don't stop until KY. Never knew I could hold my breath from STL to Paducah.

You are missing an opportunity then, even if you do want to boycott the Land of Lincoln That Has The Bigass City That Has Forgotten Liberty.

If you use an Illinois rest stop for potty break, you are costing their state government money (and you can truthfully claim you expressed your feelings about their anti-gunnyness quite emphatically).

Of course you still want to do the full tank of fuel and enough food/water in the car to get through so as to not spend money there, but that's fairly easy, it's 2, 2.5 hours tops.

I actually do have business IN the Chicago area so I can't avoid dropping cash. Which is why I am keeping an eye on the situation in Illinois, the improvements are heartening.

 

[Griz]

Full tank of fuel, and potty break before I enter IL. I don't stop until KY. Never knew I could hold my breath from STL to Paducah.

Crossing the Mississippi in Sikeston, vice Cape Girardeau, will minimize IL time.

 

[SteveInCO]

Crossing the Mississippi in Sikeston, vice Cape Girardeau, will minimize IL time.

I actually did that one time. Literally less than a mile in Illinois if you take US 60 through Wilson City and Wickliffe. I might do that again on my next trip east since it's to Georgia. (And it turns out hotels in Paducah are relatively cheap, too.)

 

[solus]

i literally stop on either side of the state, disassemble my firearms, lock them up in a lock box maintained outside my grasp, put the mags elsewhere, and drive through the state.

reaching the other side of the state, stop and reverse the order until i have working firearm(s) on my hip.

paranoid, yepper...but i can sleep at night when i get through the state.

ipse

 

[SteveInCO]

OK all Illinois bashing aside, the last time I went to Illinois rather than through it, I put my handgun in a case (this case being one of those small one-handgun safes you open with a finger combination, that comes with a steel cable). That case went into the trunk (and the cable looped around one of the struts that holds the trunk door). Another case had my mags in it; also in the trunk.

Once I got to my hotel room, I took both cases into the room and thereby had a gun with me at least while I was in the hotel. The cable lock meant I could secure the box to something in the room; the gun went in there right before I walked out the door, and came back out when I got back. To the best of my knowledge everything I did was legal, and that was before car concealed carry was legal for out of staters who have a permit.

 

[solus]

i was not bashing IL but following their state enacted edicts:

from the IL state police website: http://www.isp.state.il.us/foid/firearmsfaq.cfm

How do I legally transport a firearm on my person or in my vehicle?

In order to comply with the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act, when transporting a firearm, it must be:
broken down in a non-functioning state; or
not immediately accessible; or
unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card.
snip...the link to their Brochure is broke.
update found it: https://dnr.state.il.us/publications/pdf/00000124.pdf

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.

and if perchance you stayed in one of the local community which prohibits firearms or handguns, it might have been an interesting visit, to say the least.

I have a "conceal and carry" permit issued by another state. Is the permit recognized in Illinois?

No. Illinois does not recognize “conceal and carry” permits from any state. Both non-residents and residents are subject to Illinois’ law, restrictions, and penalties. For a list of other commonly asked questions on transporting firearms in Illinois, please refer to the Transport Your Firearm Legally brochure available on our website.

i visit the windy city regularly as well as transverse the lower tip all the time and feel horrible my firearm is broken down and locked away.

ipse

 

[Griz]

i was not bashing IL but following their state enacted edicts...

You're right. It's a self-bashing state law. They have some hard rules to play by, but it seems to be improving.

 

[SteveInCO]

Disassembling (as opposed to just unloading and separately casing) your gun is over the top, and was a year ago, too. Depending on your firearm all that work you are doing in your trunk could be attention-grabbing. (I personally need some hard surface--a magazine baseplate works--to push out the slide stop while holding the slide back where the alignment marks line up; a fully two-handed task that takes more than a few seconds and I really can't do at arm's length, so it'd be obvious I was fiddling with a gun. Or I could stick my head in the trunk but that's just too vulnerable a position for me unless I *know* no one is around or will be around for the next minute or so. Your mileage may vary due to your gun (a Glock might be easier, a 1911 will be more involved) or your physical abilities.)

As for localities and handguns, as I understand it the state pre-empted ALL local handgun laws. (Which leads to the painful and embarrassing realization that I can legally purchase some pistol magazines there that I cannot purchase in Colorado! )

At this point I'd say the rules for out of staters have improved to the point where going way the hell out of your way just to avoid driving through Illinois might be ridiculous, though maybe it's worth maybe an extra half hour of travel time to go through Cairo on U6-60 if you are headed from St Louis to Kentucky or vice versa.

There are two factors that make one more cautious though even today. 1) If you don't have a CCW of some sort, you should probably continue to avoid if you don't want to unload and case. 2) I have no idea what happens if you are CCing (legally with out of state permit in your car) and a cop pulls you over and demands that you exit your vehicle. Which brings me back to just unloading and casing in the trunk. Lock the container with the gun in it, so the cops can't get into it readily. Anything more than that is just over the top silly for Illinois (New Jersey, on the other hand....)

I personally DO have a CCW and will *probably* rely on it to get me through Cairo next time I go that way. You can literally see the entire road in Illinois once you get off the bridge, so it's hard to "speedtrap."

 

[lockman]

i was not bashing IL but following their state enacted edicts:

from the IL state police website: http://www.isp.state.il.us/foid/firearmsfaq.cfm

How do I legally transport a firearm on my person or in my vehicle?

In order to comply with the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act, when transporting a firearm, it must be:
broken down in a non-functioning state; or
not immediately accessible; or
unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card.
snip...the link to their Brochure is broke.
update found it: https://dnr.state.il.us/publications/pdf/00000124.pdf

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.

and if perchance you stayed in one of the local community which prohibits firearms or handguns, it might have been an interesting visit, to say the least.

I have a "conceal and carry" permit issued by another state. Is the permit recognized in Illinois?

No. Illinois does not recognize “conceal and carry” permits from any state. Both non-residents and residents are subject to Illinois’ law, restrictions, and penalties. For a list of other commonly asked questions on transporting firearms in Illinois, please refer to the Transport Your Firearm Legally brochure available on our website.

i visit the windy city regularly as well as transverse the lower tip all the time and feel horrible my firearm is broken down and locked away.

ipse

Illinois does recognize your permit to have a loaded concealed handgun in your vehicle or on your person in a vehicle. You must unload and case your gun if taking it out of the vehicle or getting out of the vehicle and leaving it in the car. If you have a permit your good. If you do not have a permit you are subject to the "eligible to receive" a carry permit language and that i am sure will be litigated.

 

[solus]

Illinois does recognize your permit to have a loaded concealed handgun in your vehicle or on your person in a vehicle. You must unload and case your gun if taking it out of the vehicle or getting out of the vehicle and leaving it in the car. If you have a permit your good. If you do not have a permit you are subject to the "eligible to receive" a carry permit language and that i am sure will be litigated.

well do you have a cite for that cuz my reference said, let me see...

from the IL state police website: http://www.isp.state.il.us/foid/firearmsfaq.cfm

How do I legally transport a firearm on my person or in my vehicle?

In order to comply with the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act, when transporting a firearm, it must be:
broken down in a non-functioning state; or
not immediately accessible; or
unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card.

I have a "conceal and carry" permit issued by another state. Is the permit recognized in Illinois?

No. Illinois does not recognize “conceal and carry” permits from any state. Both non-residents and residents are subject to Illinois’ law, restrictions, and penalties. For a list of other commonly asked questions on transporting firearms in Illinois, please refer to the Transport Your Firearm Legally brochure available on our website.

so, is there a cite with your statement to refute the IL State Police Website ?

i truly look forward to reviewing your cite cuz as i mentioned i travel to the windy city regularly.

ipse

 

[Golden Eagle]

well do you have a cite for that cuz my reference said, let me see...

from the IL state police website: http://www.isp.state.il.us/foid/firearmsfaq.cfm

How do I legally transport a firearm on my person or in my vehicle?

In order to comply with the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act, when transporting a firearm, it must be:
broken down in a non-functioning state; or
not immediately accessible; or
unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card.

I have a "conceal and carry" permit issued by another state. Is the permit recognized in Illinois?

No. Illinois does not recognize “conceal and carry” permits from any state. Both non-residents and residents are subject to Illinois’ law, restrictions, and penalties. For a list of other commonly asked questions on transporting firearms in Illinois, please refer to the Transport Your Firearm Legally brochure available on our website.

so, is there a cite with your statement to refute the IL State Police Website ?

i truly look forward to reviewing your cite cuz as i mentioned i travel to the windy city regularly.

ipse

Ill state police paraphrased the law, not necessarily the law.

On July 9 2013 the Ill carry laws changed. Your reading laws and comments from years ago.

The new law:
Section 40. Non-resident license applications. ...
(e) Nothing in this Act shall prohibit a non-resident from
transporting a concealed firearm within his or her vehicle in
Illinois, if the concealed firearm remains within his or her
vehicle and the non-resident:
(1) is not prohibited from owning or possessing a
firearm under federal law;
(2) is eligible to carry a firearm in public under the
laws of his or her state or territory of residence; and
(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended,
he or she shall store the firearm within a locked vehicle or
locked container within the vehicle in accordance with
subsection (b) of Section 65 of this Act.

 

[solus]

thanks...took me a moment to find where section 40 was attached to...

now a new question after reviewing the whole cite from http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39

as an out of state resident, i can conceal in my vehicle only? that is according to paragraph e of section 40...is my reading correct?

if my reading is correct, i must then handle my firearm, unload it, put it in a container and then xport it?

and did chicago or cook county buy these state statute changes or are they exempt?

ipse