Travel in Illinois

[hooky]

I'm not sure if this the right forum for this question, but here goes.

I'm headed to South Dakota to pheasant hunt, but now have to spend a night in downstate Illinois for meetings with a customer that same week. I'd have to leave home, spend 2 nights in Illinois, then continue to SD.

Can I legally have a shotgun with me overnight in Illinois as an out of state resident?

I can drive a couple of hours and send it with some buddies who are driving straight through later that week, but what a pain in the butt.

 

[firecadet613]

Zero issues with a handgun, not sure about a shotgun.

Pull the PDF for Illinoid at handgunlaw.us and do some reading.

 

[HKUSP]

If you have either a hunting license or a LTCH from any state they suffice as an Illinois FOID card. You are fine for possession. Lock it up in the trunk unloaded.

 

[hooky]

If you have either a hunting license or a LTCH from any state they suffice as an Illinois FOID card. You are fine for possession. Lock it up in the trunk unloaded.

That's my understanding for a drive through the state, but wasn't sure if that applies for an overnight stay too.

In my mind the headline is something like "NRA GOA Gun Nut who has limetime out of state gun permit was arrested with fully automatic semi auto assault shotgun with multiple boxes of 3" high powered cop killer bullets. "

 

[HKUSP]

Downstate isn't that bad. I rescued my wife from there. I have never had any issues there and we almost always had guns in the car. Where would you be stopping?

 

[hooky]

Downstate isn't that bad. I rescued my wife from there. I have never had any issues there and we almost always had guns in the car. Where would you be stopping?

South of Springfield

 

[HKUSP]

Ok. I don't have any restaurant recommendations that way.

 

[xwing]

That's my understanding for a drive through the state, but wasn't sure if that applies for an overnight stay too.

In my mind the headline is something like "NRA GOA Gun Nut who has limetime out of state gun permit was arrested with fully automatic semi auto assault shotgun with multiple boxes of 3" high powered cop killer bullets. "

You are fine in Illinois for an overnight stay. "Driving through only" becomes important for states that do not allow unlicensed firearm possession. If you are "driving through", you can follow Federal 926A. If stopping, you are subject to the state's often more stringent requirements. However, Illinois is not nearly in the same camp as CA or NY. They still somewhat recognize firearm owners' rights. While they do require Illinois licensing (FOID) for possession, they make exceptions for out-of-state residents both for handguns and for long guns. In fact, with an out-of-state LTC, you can even legally carry a loaded handgun in your car in Illinois.

For Illinois, the two laws to look at are:
430 ILCS 66 /40 (for handguns)
and
430 ILCS 65/2 (for both handguns and long guns)

If you're interested in the firearm laws while traveling, take a look at the CCW - Concealed Carry 50 State Guide for iPhone or for Android.

 

[indysims]

You are legally transporting it... Keep it in a case, use common sense, you'll be fine. Shotguns aren't prohibited in Illinois and FOID cards are for Illinois residents. Out of state-ers hunt in Illinois all the time. Transport your firearm with common sense and when you reach your overnight Illinois destination bring your shotgun inside with you (or keep it locked in your vehicle if you're paranoid about bringing a shotgun case into a hotel).

Per federal law 18 USC § 926A, every U.S. citizen may legally transport firearms across state lines as long as he or she is legally allowed to possess the weapons in both the state of origin as well as the destination.

You can legally transport firearms across state lines as long as:

• You can lawfully possess firearms in your state of origin.
• You can lawfully possess firearms at your destination.
• The firearm and ammunition must be stored out of reach (not in the glove compartment or center console).*
• Although it may not be required, it is a good idea to lock your ammunition and guns in separate lock boxes in the trunk or anywhere out of immediate reach.

 

[xwing]

Per federal law 18 USC § 926A, every U.S. citizen may legally transport firearms across state lines as long as he or she is legally allowed to possess the weapons in both the state of origin as well as the destination.

You can legally transport firearms across state lines as long as:

• You can lawfully possess firearms in your state of origin.
• You can lawfully possess firearms at your destination.
• The firearm and ammunition must be stored out of reach (not in the glove compartment or center console).*
• Although it may not be required, it is a good idea to lock your ammunition and guns in separate lock boxes in the trunk or anywhere out of immediate reach.

FYI, since he is staying overnight, he would likely not be covered under 926A. There is a lot of case law and legal analysis for this statute. While there some "gray area" around interpretation, stopping for anything other than gas or food (and even food is somewhat in question) will usually take you outside of the confines of this protection. For the OP, he's fine anyway because his proposed travel will fall within the exceptions denoted in Illinois' 430 ILCS 65/2. But he's fine b/c he is able to follow state law, not because of any federal protection. There are a lot of people who follow 926A blindly and can get themselves in trouble; it has a lot of limitations (some buried in the case law) that can trip people up.

 

[hooky]

It is the overnight stay that has me concerned. You read about people who fly with a firearm and when their connection through LaGuardia is missed and can't get on another plane until the next day, they get arrested for possessing a firearm without a permit in NYC because they're no longer just transporting it.

I'm probably being way too worried about this, but don't want to have to call Guy to help me get out of a jam.

 

[VERT]

You can have your shotguns with you. Just make sure they are unloaded and in a case. You can even take them into the hotel room with you.

Handgun can be in your vehicle with an IN LTCH. If you take it to your room it will have to be unloaded and in a case.

 

[xwing]

It is the overnight stay that has me concerned. You read about people who fly with a firearm and when their connection through LaGuardia is missed and can't get on another plane until the next day, they get arrested for possessing a firearm without a permit in NYC because they're no longer just transporting it.

I'm probably being way too worried about this, but don't want to have to call Guy to help me get out of a jam.

That has indeed happened several times in NY. But in IL, you are fine. If you read 430 ILCS 65/2(b)(9) & (10) , it should totally put your mind at ease.

 

[BigRed]

"Land of lincoln" is an appropriate slogan for that place.

 

[indysims]

Well I would hope If I was moving from Montana to Indiana 926A wouldn't expect me to make that drive without stopping to sleep.

430 ILCS as linked above is the key. FOID cards are only required by Illinois residents, and have no bearing on non-residents.

Note #4 below only applies to concealed carry firearms in the vehicle. Carrying an unloaded cased firearm into a hotel room or private residence is perfectly fine. The restrictions are only for transporting, not possessing. Carrying/Transporting and possessing are different things.

It's perfectly legal for a non-resident to transport their firearm to private property and shoot.

IF A NON-RESIDENT IS VISITING ILLINOIS,
HUNTING, OR TRAVELING WITH A FIREARM,
HOW DO THEY LEGALLY TRANSPORT IT?
Non-residents are not required to have an Illinois FOID
card but must be legally eligible to possess or acquire
firearms and ammunition as determined by their home
state. In order to comply with Illinois statutes while
transporting a firearm, it must be:
1. Broken down in a non-functioning state; or
2. Not immediately accessible; or
3. Unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container.
4. A non-resident who has a valid Concealed
Carry License from their home state may carry
a concealed firearm within a vehicle traveling
through Illinois. If the non-resident leaves
the vehicle unattended, the firearm must be
stored concealed in a case inside the locked
vehicle or locked container within the vehicle
out of plain view. For the purpose of subsection
430 ILCS 66/65(b), a “case” includes a glove
compartment or console that completely
encloses the concealed firearm or ammunition,
the trunk of the vehicle, or a firearm carrying
box, shipping box, or other container.

 

[Wstar425]

Ok. I don't have any restaurant recommendations that way.

Avoid any restaurants in TA truck stops at ALL COST!!

 

[Quiet Observer]

Let's look at the way things happen in the real world and not with gunowners' paranoia. I moved back to Indiana from Illinois this year after 20+ years in Illinois. I was in the first group to be licensed in Illinois and have been a member of the Illinois Carry forum, which is similar to this, for over 6 years. Variations of this question came up fairly frequently there too. If there were a lot of armed travelers from here getting arrested in Illinois, that information would have been reported here numerous times. I do not remember any reports on IC for being stopped at random in prohibited sites and searched and arrested.

The times that you read or see on the TV that someone was arrested, they were committing another crime or gave the police a reason to search farther. There are no cops with X-ray vision waiting for you to step out of your car and arrest you. I still have friends and family in Illinois. Sometimes I lock the unload gun in the glove box, sometimes I keep the loaded gun with me. My advice is to follow the law as noted above.

 

[hooky]

Let's look at the way things happen in the real world and not with gunowners' paranoia. I moved back to Indiana from Illinois this year after 20+ years in Illinois. I was in the first group to be licensed in Illinois and have been a member of the Illinois Carry forum, which is similar to this, for over 6 years. Variations of this question came up fairly frequently there too. If there were a lot of armed travelers from here getting arrested in Illinois, that information would have been reported here numerous times. I do not remember any reports on IC for being stopped at random in prohibited sites and searched and arrested.

The times that you read or see on the TV that someone was arrested, they were committing another crime or gave the police a reason to search farther. There are no cops with X-ray vision waiting for you to step out of your car and arrest you. I still have friends and family in Illinois. Sometimes I lock the unload gun in the glove box, sometimes I keep the loaded gun with me. My advice is to follow the law as noted above.

Thanks for the kind words.

Not paranoid, just trying understand what the right thing to do would be.

Most everyone was helpful without being a dick. A big thanks to them.

 

[Quiet Observer]

Thanks for the kind words.

Not paranoid, just trying understand what the right thing to do would be.

Most everyone was helpful without being a dick. A big thanks to them.

My remarks were not specifically addressing you. If they were I would have posted them as a reply to one of your posts, as I am doing here. I posted as a general statement.

 

[VERT]

https://isp.illinois.gov/StaticFile...rmation/1-154 - Transporting Your Firearm.pdf

I travel to IL all the time for work. Never had a problem, just follow the laws. I would also recommend staying away from Chicago if for no other reason then the traffic sucks. The southern 3/4 of the state is completely normal and pleasant with friendly people.