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Old April 30, 2011, 04:54 PM   #1
mrray13
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Location: deep south illinois
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For those in Illinois, you can carry

For those in Illinois, you can carry and do so legally.

I've been reading several threads here lately and noticed that several Illinois residents state they can't carry here. That is wrong, according to state law. That's not to say local ordinances can't prohibit what state law says is okay, so you'll want to check with those too.

In any case, here's the deal, you have three requirements to meet in order to carry. Funny thing is, they are the same for transporting in a vehicle.

1)Must have a valid FOID
2)Must be encased in a device designed to carry a firearm
3)Must be unloaded, although the ammo can be inside the same case.

What's that mean? If you have a carry case with a belt loop, a valid FOID card, and that case can be zipped completely closed, and the weapon is unloaded, you can carry.

Good reading

Quote:
Under Unlawful Use of Weapons (UUW) in the Criminal Code, persons who have been issued a valid FOID
card may transport a firearm anywhere in their vehicle or on their person as long as the firearm is unloaded and
enclosed in a case, firearm carrying box, shipping box, or other container.
Firearms that are not immediately
accessible or are broken down in a non-functioning state may also be carried or transported under the Criminal
Code. The Wildlife Code, however, is more restrictive. It requires that all firearms transported in or on any
vehicle be unloaded and in a case.
Because of this, it is recommended that, in order to be in compliance with all statutes, all firearms be
transported:
1. Unloaded and,
2. Enclosed in a case, and
3. By persons who have a valid FOID card.

Taken from the "good reading" posted above, and take care to read the bold sections. If one goes on to read more, no where does the statue limit the process of carrying/transporting the weapon on your person as long as those three items are met. Matter of fact, it directly implies one can indeed carry on their person, assuming the three items are met!

A recently retired ISP master sergeant told me about this several years ago, he called it "7 seconds to safety". It's the policy by which his wife and daughter carried, and all of his family members. Basiclly, a zippered pouch that can completely encase the firearm on one side, mag in pocket, pouch somewhere other then in gun, practice getting gun/mag out and together in 7 seconds.

I know Illinois is working on passing concealed carry, but I don't bank on it. As a certified, commissioned LEO in the state of Illinois, I have no worries, but this is how my wife carries. It's not the greatest, but it's better then nothing, and it's a start and most importantly, it's legal.

Again, check your local ordinances as well. Those might get you in a wringer, locally. State wise though, as long as those three items are met, you are within your legal rights. The above mentioned good reading has the statue in it's full form.

Further discussion is welcomed as are questions. I'm no lawyer, and I live in the far south of Illinois, think Carbondale, or Cairo. I know that might make a difference as far as localities go, so please check with them. Again, this post is about what the state says is legal to do. Where you live personally, YMMV.

Hope I've helped, or at least got some wheels turning.
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Old April 30, 2011, 05:53 PM   #2
Mike38
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I’ve seen articles about “fanny pack carry” here in Illinois. While I gave it some serious thought, I looked around me and decided better to not press my luck. If you knew the law enforcement officers in my county, you wouldn’t press your luck either. These guys are a cross between Barney Fife and Rambo, if you could imagine that. Dumber then stumps, but would physically smack you around and arrest you for “fanny pack carry”. And that’s only the beginning of the fun. We’ve got a states attorney that’s worse. Granted, with a good lawyer you’d get off scott free, but I don’t happen to have an extra 10 to 20 thousand dollars just laying around doing nothing. Best of luck to anyone that tries it, you’ll need it.
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Old April 30, 2011, 06:21 PM   #3
mrray13
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Must be Cook county, or somewhere close. Even then, it wouldn't cost 10's of thousands of dollars to contest this. It's state law. That said, you might still get charged with a local ordinance violation, as even in the attached reading, it states check with local law enforcement to find out what's okay in your particular area. I think that was done specifically for Cook.

That all said, I respect your right to not attempt it. But I do know several people who carry this way every single day, and have yet to have an issue. I'll concede they all live below I64, so are truly in southern Illinois.

Still, it's something that needed to be brought up for those who didn't know. I carried that way before becoming a LEO, and even rode with several LEO at the time. All agreed I was well within my legal rights to do so.
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Old May 1, 2011, 09:29 AM   #4
vito
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Here in Winnebago county someone got arrested for wearing an EMPTY holster. Was charged with Disorderly Conduct for making someone "nervous". I believe that charges were eventually dropped but I am sure it cost the defendant a ton of cash in legal fees. Despite the "fanny pack" rule, I understand that there have been a number of arrests based on the interpretation that the carrying of an unloaded, cased handgun is legal if you are enroute to a shooting range, or going hunting , or something similar but that just carrying for self defense puts you in violation of the law. I would love to know about some precedent setting ruling that would force LEO's and States Attorneys allow for this type of concealed carry but I am not aware of any such court ruling.
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Old May 1, 2011, 10:44 AM   #5
chris in va
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Quote:
For those in Illinois, you can carry and do so legally.
That may be true, but the arresting officer probably won't see it that way and you'll still have to defend yourself in court with a hired lawyer.

I wouldn't test it.
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Old May 1, 2011, 11:05 AM   #6
Mike38
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Quote:
Must be Cook county, or somewhere close. Even then, it wouldn't cost 10's of thousands of dollars to contest this.
Nope, not Cook county. I’m about two hours south west.

I don’t know what lawyers charge in southern Illinois, but around here, every lawyer needs a retainer of $10K for defense of just about any criminal arrest. And in a defense of such a controversial subject of “fanny pack carry” it will end up being double that when it’s all said and done.

My advise, don’t test the system. But, if you’re willing to be a guinea pig, have at it. Let us know how it works out for you. Good luck.
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Old May 1, 2011, 11:12 AM   #7
vito
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Sort of related to this thread: I had heard of the "fanny pack carry" rule several years ago, but I also had heard from some that wearing a fanny pack is a dead giveaway that you are carrying. To test that, I took my Coronado Leather cross-carry bag, a sort of man's purse or flat camera bag, with me to the State capitol building in Springfield. I had no weapon with me, but this carry bag is specifically designed for concealed carry of a handgun. I had it fairly full with sunglasses, a camera, a cell phone, my wallet, etc. I approached LEO's at three different locations in and around the capitol building to ask directions. No one questioned my carry bag, nor asked to look in it, or asked what I had in the bag, etc. Maybe the situation was influenced by may age (mid 60's) and mild mannered, non-threatening appearance, but in any case, it resolved my concern about carrying a fanny pack or similar container, with or without a firearm.
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Old May 1, 2011, 08:37 PM   #8
mrray13
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Well folks, it is what it is. Yes, some uninformed LEO might arrest you, but it won't stick.

A disorderly conduct ticket/complaint must be signed by someone other then LE, as you can't disrupt our peace, our being an LEO. That means you get to confront the accuser in court.

Lastly, as I said, I understand the different locals in Illinois will react differently. Do yourselves a favor, print that Adobe document above, take it to a your local State's Attorney and see if they can prove me wrong.

BTW, I did carry that way before becoming a cop in Illinois. Carried that way in front of cops, who knew I was carrying. Hell, they encouraged it. Now, I have no issues with carrying, in any state. That said, what I posted in my OP is in fact the law. It cannot be argued. Not at the state level. Again, that's not to say they won't try and tag you with a local ordinance violation, but you can't be prosecuted for it under state law.

Quote:
or on their person as long as the firearm is unloaded and
enclosed in a case, firearm carrying box, shipping box, or other container.
As long as you have a valid FOID, that applies to the firearm being on your person. IT is in black and white.


Again, take it for what it is worth, meaning nothing more then my posting here. But you can indeed carry legally in the state of Illinois as long as those three conditions are met, local ordinances excluded.
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Old May 2, 2011, 11:39 AM   #9
NukemJim
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Just as a FYI, the State's Attorney for both Dupage and Cook Counties have declared in a press conference that they will arrest and charge anyone using "fanny pack" carry. They stated that they will view the fanny pack as a holster. This came out several years ago when the subject first came up.

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Old May 2, 2011, 12:11 PM   #10
mrray13
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Time for new State's Attorney's.
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