Going to Illinois....

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  • Effingham

    Expert
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    0   0   0
    Oct 3, 2011
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    Franklin
    As long as they aren't loaded, cased, and inaccessible you are fine and it all depends where you go as too what inaccessible means. Illinois does allow hunting and while Chicago is a black mark on the whole state, the whole state is not like Chicago ;)

    For the record, I think you mean "As long as they aren't loaded, ARE cased, and ARE inaccessible you are fine "

    Just trying to keep it clear. :)
     

    melensdad

    Grandmaster
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    18   1   0
    Apr 2, 2008
    24,069
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    Far West Suburban Lowellabama
    Might want to read up on this decision by the Illinois Supreme Court. If I'm reading it correctly, a factory center console is considered an "enclosed" case.

    http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf

    Yes, you are reading it correctly. However, you will likely be arrested or at least detained/delayed. I recommend following the unloaded and cased rules that the I.S.P. published. Its simple, easy to follow, and not likely to get you into any sticky situations. I personally don't care to be in court proving that I am right if I can avoid it easily.
     

    TaunTaun

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    Nov 21, 2011
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    This is interesting. I had always heard that Illinois gun laws (specifically transport) were a pain in the butt, and that Indiana's was easier. The last time I transported a gun without a LTCH was about a year ago. So far, this sounds like the same recommendations that I followed then.

    What is different about transportation now than it was beforehand?
     

    Effingham

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    Oct 3, 2011
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    Franklin
    Might want to read up on this decision by the Illinois Supreme Court. If I'm reading it correctly, a factory center console is considered an "enclosed" case.

    http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf

    Wait...

    On page 4:

    Twice during the presentation of the State’s case, defense counsel sought leave to offer defendant’s Indiana handgun permit into evidence. Counsel argued this permit was a basis for dismissal of the charge of aggravated unlawful use of a weapon under count II because of a provision contained in the Firearm Owners Identification Card Act (FOID Card Act). 430 ILCS 65/2(b)(10) (West 2004). Under the FOID Card Act, an out-of-state resident who possesses a valid permit or license from his state is not required to obtain a FOID card. It was defendant’s position that, because he possessed a valid permit from Indiana, he could not be prosecuted for aggravated unlawful use of a weapon. The trial court concluded, as a matter of law, that defendant’s possession of an Indiana permit was not a substitute for a FOID card and, therefore, it was irrelevant. Accordingly, the trial court ruled that defense counsel could not enter defendant’s permit into evidence.

    Can someone tell me how these two things make sense? If under the law and IN LTCH makes having a FOID unnecessary, then how can one be liable for NOT having an FOID if he has an LTCH? Was this fast-and-lose law making?

    And this sort of crap:
    The trial court also denied defendant’s request to instruct the jury that, because he was a nonresident who was licensed to possess a firearm in his own state, he could lawfully carry a firearm in his vehicle.
    just pisses me off. That judge was a doodoo-head.

    The appeal was a very good slap-on-the-peepee of the first set of judges and jury. Idiots.

    For the record, I'm printing this out, highlighting salient points in the reversal, and keeping it in my center console. Just in case.


    Tony
     

    Drail

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    Oct 13, 2008
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    Bloomington
    It's Illinois. Nothing makes sense. This is where people like Daley and Obammy come from. I always thought they should change the name to Mordor. If certain State Police officers were to find an AR in your vehicle you will scare the hell out of them and they will then tear your car down to the frame. It doesn't really matter that you are perfectly legal, you are something they're just not used to dealing with. They have laws on the books but they won't save you. I go around it or I don't go. But that's just me after living there too long and escaping. Be very careful.
     
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    jetmechG550

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    It's Illinois. Nothing makes sense. This is where people like Daley and Obammy come from. I always thought they should change the name to Mordor. If certain State Police officers were to find an AR in your vehicle you will scare the hell out of them and they will then tear your car down to the frame. It doesn't really matter that you are perfectly legal, you are something they're just not used to dealing with. They have laws on the books but they won't save you. I go around it or I don't go. But that's just me after living there too long and escaping. Be very careful.

    We were stopped pulling off a friend's property with two AR cased, unloaded in the back of a pickup truck, going from one side of his property to the other. ISP asked what was in the cases since he saw them as he approached. AR15's was the response, he asked what we're planning to do and we said hunting coyotes. He looked at both to make sure they were unloaded and then after sending us on our way jokingly asked if we thought we had enough firepower to bring one down.

    I lived and hunted all over IL and my dad is retired CPD. I've never had one single issue when I was stopped while transporting a firearm with it cased and unloaded. I've even been stopped in Chicago while on the way to my parents house, with shotguns in the back of the truck and they have asked what I was doing and said going to visit family and we're going hunting while I am up. Show them the FOID card (IL resident at the time) and they're cool. People making a big deal out of it, it's not Nazi Germany. Indyguy nailed it earlier, pretty straightforward.
     

    jetmechG550

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    Firearms Owner IDentification. You have to have one to buy a firearm or ammo in IL, unless you are a non-res and are purchasing shotgun shells or slugs, etc for hunting.
     

    Drail

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    Oct 13, 2008
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    Bloomington
    You have to have a current valid FOID to to purchase or possess a firearm or ammo if you are a resident of Illinois. If you're stopped in a vehicle even with your gun unloaded, locked up and inaccessible in accordance with State law and are a resident of Illinois you must have a FOID on your person. The problem is there are a lot of cops (not all of them) that cannot stand the idea of citizens having a handgun. Even if you are doing it legally they will try everything they can to find something to bust you with. To be fair I have known some very good LEOs in Illinois that will not enforce their stupid laws. But as Forrest Gump says, you don't never know what you're gonna get.
     

    TaunTaun

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    Nov 21, 2011
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    You have to have a current valid FOID to to purchase or possess a firearm or ammo if you are a resident of Illinois. If you're stopped in a vehicle even with your gun unloaded, locked up and inaccessible in accordance with State law and are a resident of Illinois you must have a FOID on your person. The problem is there are a lot of cops (not all of them) that cannot stand the idea of citizens having a handgun. Even if you are doing it legally they will try everything they can to find something to bust you with. To be fair I have known some very good LEOs in Illinois that will not enforce their stupid laws. But as Forrest Gump says, you don't never know what you're gonna get.

    Okay, so I have family that is just NW of Chicago (still in the burbs). So if my wife and I travel there, and although we cannot CC or OC, we can still bring our handguns, but they HAVE to be unloaded and locked in a case out of our reach. Being that we are Indiana residents and not Illinois, we should be satisfied under their normal transportation laws, and as such do not LEGALLY have to have a FOID card? ...unless the local leo has a problem with guns...
     

    jetmechG550

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    Okay, so I have family that is just NW of Chicago (still in the burbs). So if my wife and I travel there, and although we cannot CC or OC, we can still bring our handguns, but they HAVE to be unloaded and locked in a case out of our reach. Being that we are Indiana residents and not Illinois, we should be satisfied under their normal transportation laws, and as such do not LEGALLY have to have a FOID card? ...unless the local leo has a problem with guns...

    You are not an IL resident so the FOID card does not come in to play. You'll be fine if that how you transport them. I go to Chicago all the time with a gun to see my parents and never had problems any time I've been stopped. I've only had one incident where the cop started to be a bit of a jack then I name dropped and everything was cool.
     
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