Ill. law

rwilson452 · March 24, 2019, 11:11 AM

I'm getting ready to take a trip to KS and will be passing through ILL on my way there. ILL doesn't recognize my PA LTCF. However, It seems if all I'm doing is driving through. ILL 430 ICS 66/40 will allow me to remain armed as long as I'm driving or in close proximity to my car. I would like some confirmation of this. I will not be anywhere near Chicago.

**Aguila Blanca** · March 24, 2019, 01:32 PM

I don't think the law allows you to remain armed. I think the Illinois law is their way of recognizing the federal FOPA law, which allows for transporting firearms through intervening states. It does not authorize carry

The actual text of the Illinois law:

Quote:

(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:

(1) is not prohibited from owning or possessing a firearm under federal law;
(2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and
(3) is not in possession of a license under this Act.

http://www.ilga.gov/legislation/ilcs...asp?ActID=3497

Unfortunately, the statute doesn't include a definition for either "Carry" or "Transport," so it's not as clear-cut as we might like.

Armed_Chicagoan · March 24, 2019, 09:56 PM

A non-resident from any state with a concealed carry license from their state can have a loaded handgun on or about their person in their vehicle. They cannot take a loaded handgun out of their vehicle.

Any non-resident can transport a firearm in Illinois provided it meets ONE of the following conditions:

1. It is unloaded and in a case. Any container counts as a case, such as a glove box, center console, presumably even a paper bag. The case does not have to be locked, and the gun is considered unloaded as long as there is no loaded magazine in the gun and no round in the chamber. You can keep a loaded magazine in the same container as the gun.

2. It is broken down in a non-functioning state.

3. It is inaccessible.

State law pre-empts all local laws, there is no special law for Chicago or Cook County despite popular belief.

The binding case law in Illinois is the 2009 Illinois Supreme Court decision People v. Diggins.

March 24, 2019, 11:11 AM	#1
rwilson452 Senior Member Join Date: June 10, 2004 Location: Tioga co. PA Posts: 2,647	Ill. law I'm getting ready to take a trip to KS and will be passing through ILL on my way there. ILL doesn't recognize my PA LTCF. However, It seems if all I'm doing is driving through. ILL 430 ICS 66/40 will allow me to remain armed as long as I'm driving or in close proximity to my car. I would like some confirmation of this. I will not be anywhere near Chicago. __________________ USNRET '61-'81

March 24, 2019, 09:56 PM	#3
Armed_Chicagoan Senior Member Join Date: July 18, 2013 Location: Albany Park, Chicago Posts: 776	A non-resident from any state with a concealed carry license from their state can have a loaded handgun on or about their person in their vehicle. They cannot take a loaded handgun out of their vehicle. Any non-resident can transport a firearm in Illinois provided it meets ONE of the following conditions: 1. It is unloaded and in a case. Any container counts as a case, such as a glove box, center console, presumably even a paper bag. The case does not have to be locked, and the gun is considered unloaded as long as there is no loaded magazine in the gun and no round in the chamber. You can keep a loaded magazine in the same container as the gun. 2. It is broken down in a non-functioning state. 3. It is inaccessible. State law pre-empts all local laws, there is no special law for Chicago or Cook County despite popular belief. The binding case law in Illinois is the 2009 Illinois Supreme Court decision People v. Diggins.