Ill. Gun Laws, Passing through

[kraigwy]

I don't know about Ill gun laws.

But I have a question. Last summer my wife went to Indiana to visit her parents. She was involved in an accident (in Indiana). She had her revolver, and CC permit from Wyoming (which Indiana recognizes). The car had to be towed, the officers took her gun for safe keeping while they gave her a ride, then returned the gun to her. Reasonable, no problem there.

But what would have happen if the accident occurred in Ill. She travels from Iowa on I-80, then 39 south to us 24, and 24 to Indiana.

When I'm with her there is no problem, I carry per LEOSA, but what if she's alone?

What is Ill's laws on traveling through, if she doesn't exit the car with the pistol?

[Technosavant]

In a case in an inaccesible part of the car, unloaded.

Basically, before you get into IL, lock the unloaded gun in a case that you can't reach from the driver's seat (in the trunk of a car, cargo area of a station wagon/SUV, or behind the seats of a truck) with the ammunition separately.

[kraigwy]

Thanks, she hasn't been doing that.

Guess we lucked out by her having the accident in Indiana instead of Ill.

[Don H]

The Federal Code:

TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

http://www.law.cornell.edu/uscode/71...6---A000-.html

[bitttorrrent]

It is my understanding (and from another post) that the ammunition does not need to be in a separate spot. Just the gun must be in a case and unloaded and not reached from the driver or passenger seat.

Pretty much to discourage drive by type misuse of weapons which occur far too often around here. Someone forgot to mention to all of the gang members that doing so is illegal.

Please correct me if I am wrong though.

[Don H]

bitttorrrent,

See the actual law in the post prior to yours.

[NukemJim]

IANAL

IIRC Don H is correct regarding Federal law, while bittorrent is correct regarding Illinois Law.

Which would apply to a traveler? Ask a lawyer not me

NukemJim

[Aguila Blanca]

Originally Posted by NukemJim

Which would apply to a traveler? Ask a lawyer not me

Pick whichever helps you more.

If you're IN Illinois, you can always fly under Illinois laws. However, the FOPA (quoted above) specifically says "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof,..." which means if you choose to invoke it, it overrides any conflicting Illinois law.

[KyJim]

I wouldn't trust on federal law protecting me in an unfriendly state. It would probably work out in the end but you might have to go to court and get a lawyer first. I've seen stories like that.

[MLeake]

This is why, when travelling between home (NW GA) and my lady's parents' home (KC MO) we go via Memphis. It adds distance to the trip, but allows a complete bypass of Illinois.

This is also why my sister (NJ) visits me more than I visit her.

[Don H]

From the Illinois State Police site:

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:
Unloaded,
Enclosed in a case and,
By persons who have a valid FOID card.

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

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.

If a non-resident is coming to Illinois to hunt and would like to bring their firearm, how do they legally transport it?
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:
Unloaded, and
Enclosed in a case, and
Not immediately accessible or broken down in a nonfunctioning state.

Is it legal to have ammunition in the case with the firearm?
Yes, so long as the firearm is unloaded and properly enclosed in a case.

http://www.isp.state.il.us/foid/firearmsfaq.cfm

[Hazborgufen]

Not to one up Don H, but here is a wall of information.

From the FOID Act, Section 2: Firearm Owner's Identification Card required; exceptions.

(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
(7) Nonresidents while on a firing or shooting range recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and enclosed in a case;
(10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;

Next we have this pamphlet from the Illinois State Police:

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.

Illinois’ Unlawful Use of Weapons law does not preempt local ordinances from banning firearms.

The last line there will be most applicable to Chicago, of which I am a resident. Prior to last summer, you would be taking an awful risk driving through the city, however the new "Responsible Gun Ownership Ordinance" has made things marginally better. With regard to transport, the ordinance states:

8-20-090 Interstate transportation of firearms.
It shall not be a violation of this chapter if a person transporting a firearm or ammunition while engaged in interstate travel is in compliance with 18 U.S.C.A. §926A. There shall be a rebuttable presumption that any person within the city for more than 24 hours is not engaged in interstate travel, and is subject to the provisions of this chapter.

So, to summarize, keep it unloaded and locked away in a trunk (or out of reach if your car is a hatchback) unless you are at a range or gunshow. Also, while it is generally in your best interest to avoid Chicago, you are legally allowed to pass through. Just make sure you don't stick around for more than 24 hours.


EDIT:
You beat me to it, Don H!!!

I guess I did cite the FOID Act and the Chicago Ordinance, so I wasn't too redundant. That's what happens when you try to gather all your sources.