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Old April 24, 2014, 07:22 PM   #1
Famas
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Question - antique handgun over state lines

Hello - I recently attended a WW 1 reenactment in another state (I live in Indiana, the reenactment was in Illinois). I have a m1892 Lebel revolver (8mm, for which I have blanks) which I considered taking with me but decided to leave at home because I was not 100% certain of the laws. I was wondering, if transporting this gun to another state was legal, given it is pre-1898. The revolver I have was made in 1895. Would this have been ok under the "antique" rule, or is it still the case that a handgun is still a handgun no matter, and thus not legal to take over state lines. I think I did the right thing leaving it, but I regretted not having it.

What are the laws concerning an "antique" handgun across state lines? Thank you for your responses.
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Old April 24, 2014, 10:50 PM   #2
JimmyR
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Quote:
Originally Posted by Famas
Hello - I recently attended a WW 1 reenactment in another state (I live in Indiana, the reenactment was in Illinois). I have a m1892 Lebel revolver (8mm, for which I have blanks) which I considered taking with me but decided to leave at home because I was not 100% certain of the laws. I was wondering, if transporting this gun to another state was legal, given it is pre-1898. The revolver I have was made in 1895. Would this have been ok under the "antique" rule, or is it still the case that a handgun is still a handgun no matter, and thus not legal to take over state lines. I think I did the right thing leaving it, but I regretted not having it.

What are the laws concerning an "antique" handgun across state lines? Thank you for your responses.
From what I have read, Illinois does not consider an antique firearm a weapon according to the FOID act and directives put out by the ISP. You should be ok to bring the gun into Illinois. As long as you are legally allowed to own the firearm in your home state and your destination state, you are covered under Federal laws concerning transporting it across state lines. Just keep the gun locked in a case with ammo seperate, and you shouldn't have any problems, from what I can see.
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Old April 25, 2014, 10:43 AM   #3
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While Fed law (FOPA 86) protects you during transport for modern firearms, and MAY be applicable (if your LEBEL is a "firearm" under the law), you need to ensure that it is an "antique firearm" under the laws of your destination state.

In your case, Illinois law needs to be complied with while you are in the state.

Generally, other than the age of the gun, there is also some kind of language about "ammunition not being available".

This is where you might run into difficulties, as you said you have blanks for the gun. It might be argued that because you have blanks, it is not an antique. (Blank ammunition is still ammunition under some laws).

Safest course is for you to spend the money needed, and have a lawyer get a ruling from the state (IL) about your particular gun, and how it is covered under the law. Get that in writing, on official letterhead, and CARRY IT WITH YOU when you are in Illinois! (assuming your gun is recognized as exempt from the "modern gun" laws).

If your gun is recognized by the state as being exempt from regular gun laws, you need something from the state, in writing, and have it with you at all times when you have that gun in their state.

Most law officers are not going to be familiar with the details of the law, and NONE OF THEM are simply going to take your word for it.

What they are going to see is , "its a gun, you've got it, and you don't have the FOID card, so you're under arrest..." Run into this even once, and the cost of having that gun already proven exempt under the law (official document from the state) will be well spent.

A friend of mine has a registered antique motorcycle. Under the law where he lives (and has the bike registered) he is not required to wear a helmet when he rides that bike. (like a old car before seatbelts).

When he rides without one, he carries a copy of the law with him. He still gets stopped, and when that happens, he shows the officer his copy of the law.

He tells me that gets him out of about HALF of the tickets. The other half of the time, he gets a ticket, with the officer saying, "IF you are right, the judge will throw it out." And they do. But he still got a ticket....

With a gun, in a state like IL (permits required), better to be on rock solid legal ground, before you run into a well intentioned but under-informed officer.

Of course, if the state of IL does not recognize your gun as an antique, then all the regular gun laws apply.
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Old April 25, 2014, 01:57 PM   #4
Armed_Chicagoan
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Non-residents can transport in Illinois so long as it is broken down in a non-functioning state OR not immediately accessible, such as in the trunk. And if you have a carry permit in your home state you can carry it loaded in your vehicle as long as it's concealed.
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Old April 26, 2014, 08:17 AM   #5
press1280
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If you travel to IL often and have the financial means you can get an IL non-resident CCW for 300 bucks. That should definitely cover you and most gray areas.
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Old April 26, 2014, 01:55 PM   #6
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It must not be the problem that you imagine.
There's hundreds of folks, from all over the country, heading to Pasa Park, Barry, Ill, for the Masters, Nationals and Single Stack Classic matches.
If you're still not sure, check with the folks there.
If anyone should know the laws, they would:
http://www.pasapark.com/tournaments.htm
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Old April 26, 2014, 03:34 PM   #7
Armed_Chicagoan
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Originally Posted by press1280
If you travel to IL often and have the financial means you can get an IL non-resident CCW for 300 bucks. That should definitely cover you and most gray areas.
Only if you live in Hawaii or South Carolina and have a concealed carry permit there. I think Hawaii has issued one to date?

And even then you still have to take 16 hours of courses by an ISP instructor. The reality is it's almost impossible for a non-resident to get an Illinois CCL.

https://ccl4illinois.com/ccw/public/home.aspx
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