Live in IN, work in IL.....can I bring my gun to work?

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  • groovatron

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    Hello all. I am new to INGO. So far, I love this forum. Anyway, the topic I am going to bring up deals with our not-so friendly neighbor to the west.....Illinois. Due to IL very restrictive gun laws, it makes living in NWI very tough for a personal defense advocate. Especially when you work there. From the research I've done, I am pretty comfortable that I can transport my pistol into IL, as long as it is in an "inoperable" state (ie. trigger lock, trunk, ammo seperate, case, yadayada) ...except Cook County and some suberbs. Right now I am trying to figure out if it is legit to transport said pistol to my place of employment, and once on premises, return the pistol to a "functional" state. The reason I want to know, is because I sometimes work alone, at night in a pretty secluded area. I am still working on getting all the facts together. Anyone elses insight in this area would be greatly appreciated. Thanks!:patriot:
     

    Indy_Guy_77

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    I think you're out of luck on this one, OP.

    A few things against you (despite the fact that it's IL): You're not an IL resident; and you don't own the property/business where you work (right?)

    I THINK that IL still allows it's subjects to carry at home/private property (with the few exceptions like Crook Co, etc.). I'm not sure at all about at a fixed place of business. My guess is that it's verboten.

    If you're not sure, you could always call a police department, down state, and explain your situation to them, see what their OPINION is.

    -J-
     

    melensdad

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    MAYBE.

    It would depend largely on the city laws where you are employed. There are also other problems involved with the simple transport!!!

    To clear things up, you may legally transport the gun THROUGH a place under the federal laws. The gun must be unloaded, sealed in a box, outside of the passenger compartment. But the law may not cover you if you are going TO a place of work. I would certainly NOT count on that law for that purpose of a daily commute.

    Further, you would need to have an INDIANA LTCH just to transport the gun WITHIN the state of Indiana.

    Then you have to look at the laws in the city of your employment. Do they allow for guns to be used for self defense? What are the restrictions on them/their use/their possession?

    I suspect the answer is NO, but there may be a very slight chance it would be possible under limited circumstances.
     

    mk2ja

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    Further, you would need to have an INDIANA LTCH just to transport the gun WITHIN the state of Indiana.

    To clarify, you don't need an Indiana LTCH to transport a gun in Indiana. You need a "License to Carry Handgun" to carry a handgun in Indiana. In Indiana, if you own the place of business, which was unclear in the OP, then you are allowed to have a gun just as you would in your own home; transporting a gun between your home and business does not require a LTCH, provided it is stored separately, yada yada, as the OP mentioned.

    Of course, that doesn't really help the OP, but I just wanted to clarify that.
     

    techres

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    Can you? Yes.

    Can you legally? No.

    That is my understanding, and I am NOT a lawyer.

    The custom in Indiana is to be able to to transport without an LTCH, but the strict law when applied would find you guilty. If you transport without an LTCH, you are one unhappy cop or DA away from a trial and likely conviction. As for IL? I am not a resident, if I were you, I would seek out their advice in the matter.
     
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    redneckmedic

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    Yes you can.

    A. 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:
    1. Unloaded, and
    2. Enclosed in a case, and
    3. Not immediately accessible or broken down in a nonfunctioning state.


    http://www.handgunlaw.us/states/illinois.pdf
     

    groovatron

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    that's kind of how i was taking it as well......i suppoese a call down state is not a bad idea, but it's still hard to trust what the cops say as many of them don't even know......and they aren't lawyers....
     

    wolfman

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    Yes you can.

    A. 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:
    1. Unloaded, and
    2. Enclosed in a case, and
    3. Not immediately accessible or broken down in a nonfunctioning state.


    http://www.handgunlaw.us/states/illinois.pdf


    Pretty sure you CAN"T according to a couple of things you left out of your post, namely the title of the entire Q&A section, and the question for which you only quoted the answer.

    Transporting Firearms Through Illinois (From the Illinois State Police)


    Q.
    How can I legally transport a firearm on my person or in my vehicle? 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:
    A.
    Unloaded
    Enclosed in a case and,
    By persons who have a valid FOID card.
    Q.


    What constitutes a legal "case" for transporting a firearm?

    A.


    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."
    Q.


    How do I transport a firearm through an Illinois community with an ordinance that prohibits firearms or

    handguns? Illinois'
    A.


    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.



    You forgot this part in your quote of the website
    Q.


    If a non-resident is coming to Illinois to hunt and would like to bring their firearm, how do they legally

    transport it?
    A.


    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:
    1.


    Unloaded, and

    2.


    Enclosed in a case, and

    3.


    Not immediately accessible or broken down in a nonfunctioning state.

    Q.


    Is it legal to have ammunition in the case with the firearm?

    A.


    Yes, so long as the firearm is unloaded and properly enclosed in a case.
     

    redneckmedic

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    Pretty sure you CAN"T according to a couple of things you left out of your post, namely the title of the entire Q&A section, and the question for which you only quoted the answer.

    Transporting Firearms Through Illinois (From the Illinois State Police)




    You forgot this part in your quote of the website
    Q.


    If a non-resident is coming to Illinois to hunt and would like to bring their firearm, how do they legally

    transport it?
    A.


    Non- residents must be legally eligible to possess or acquire firearms and ammunition in their state of


    Nope...Didn't forget it....Just missed the word hunt. Thanks for the fix. :yesway:
     

    finity

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    To clarify, you don't need an Indiana LTCH to transport a gun in Indiana. You need a "License to Carry Handgun" to carry a handgun in Indiana. In Indiana, if you own the place of business, which was unclear in the OP, then you are allowed to have a gun just as you would in your own home; transporting a gun between your home and business does not require a LTCH, provided it is stored separately, yada yada, as the OP mentioned.

    Of course, that doesn't really help the OP, but I just wanted to clarify that.

    According to the LAW, you do indeed need a LTCH to transport a handgun with only 3 exceptions:

    IC 35-47-2-2
    Excepted persons
    Sec. 2. Section 1 of this chapter does not apply to:
    (1) marshals;
    (2) sheriffs;
    (3) the commissioner of the department of correction or persons authorized by him in writing to carry firearms;
    (4) judicial officers;
    (5) law enforcement officers;
    (6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
    (7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;
    (8) employees of the United States duly authorized to carry handguns;
    (9) employees of express companies when engaged in company business;
    (10) any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a handgun in the usual or ordinary course of that business; or
    (11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.

    Some may take the part of moving from one business or dwelling to another as the exception that you spoke of BUT IT'S NOT. "Moving" in this case is what most people call permanent/temporary relocation of residences, not going back & forth from your house to work everyday.

    It's true you can have the gun at you place of business but you can't freely transport it back & forth.

    Yes you can.

    A. 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:
    1. Unloaded, and
    2. Enclosed in a case, and
    3. Not immediately accessible or broken down in a nonfunctioning state.


    http://www.handgunlaw.us/states/illinois.pdf

    +1

    Nothing I've found in the law makes that statement only valid for hunting. Those are the same rules that an ILL resident must follow to transport a gun in ILL (with the added requirement for them to have a FOID card, which we can't get).

    Here is another FAQ from the ILL State Police website:

    I have a friend/relative who has a "conceal and carry" permit issued in the state in which they reside. Is the permit recognized in Illinois?No. Non-residents are subject to Illinois law, restrictions, and penalties, and should be familiar with them if the non-resident plans to bring a firearm into the state of Illinois.

    It doesn't say you can't unless you are hunting. It says that you are subject to the same laws as an ILL resident in regards to weapons transport.
     

    Dr Falken

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    My thought would be that if you have an Indiana LTCH, you could transport it to the border. At the border you would have to unload gun AND magazines, and secure the firearm in a case sans ammo, in your trunk or otherwise removed from your person (just like alcohol!). When you got to your destination, on personal property, you could retrieve the firearm and load it. BUT, where are you at? Many towns and municipalities in Illinois have various handgun and firearms laws, and handguns are illegal in Chicago (if I have it right) and that extends out to O'Hare Airport. Secondly, what did your employer say? If they were against it, I'm not sure that wouldn't leave you on very safe ground legally, and thirdly, Illinois has some of the most screwed up ways of looking at self defense, especially if you are in the 'Burbs. Down state, it might be a different story. This is just my opinion as a former resident of that state. When I visit the parents, I do not go thru Chicago with a firearm. I go across and up Hwy 39/51.
     
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    finity

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    My thought would be that if you have an Indiana LTCH, you could transport it to the border. At the border you would have to unload gun AND magazines, and secure the firearm in a case sans ammo, in your trunk or otherwise removed from your person (just like alcohol!). When you got to your destination, on personal property, you could retrieve the firearm and load it. BUT, where are you at? Many towns and municipalities in Illinois have various handgun and firearms laws, and handguns are illegal in Chicago (if I have it right) and that extends out to O'Hare Airport. Secondly, what did your employer say? If they were against it, I'm not sure that wouldn't leave you on very safe ground legally, and thirdly, Illinois has some of the most screwed up ways of looking at self defense, especially if you are in the 'Burbs. Down state, it might be a different story. This is just my opinion as a former resident of that state. When I visit the parents, I do not go thru Chicago with a firearm. I go across and up Hwy 39/51.

    There is NO REQUIREMENT to unload magazines. The ISP website even says that.

    I'm not sure where they get the 'inaccessible' part. I haven't found that yet.
     
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