Transporting Handgun through Illinois.

[wjh2657]

Talked to my Legal Beagles (Legal Service) about putting my handgun in carry safe in trunk of car while transiting Illinois to St.Louis to visit son/grandkids for XMas. After some pretty extensive research and a phone call with IDOT, conclusion reached was that I can't do it. Only provision in Illinois law that anybody applies is that of hunting in Illinois as a non-resident. In short I could transport an appropriate long gun if appropriate game was in season and I was in possession of a non-resident Hunting License from Illinois. Handgun is definite no-no.

The IDOT recommended I download the State Trooper handbook on Handguns, which I did. This will be the State Trooper's guide in how they treat an incident and it says, transport of out of state handgun is not allowed.

Going around Illinois is not an option, roads other way are bad at this time of year and would cost too much time.

I am at a bit of a loss here. I seem to remember somebody on one of the forums quoting a Federal law that said you could transport (not carry) a handgun from one state that allowed carry to another state that allowed carry. Handgun and ammo to be separated and properly secured and not readily accessible of course. Anybody know anything more about this?

Edited December 21, 2008 by wjh2657

[Fallguy]

From Handgunlaw.us Car/RV carry page.

Federal Law on Interstate Transportation of Firearms

Code of Federal Regulations

Title 18 > Part I > Chapter 44 > § 926a

§ 926A. Interstate transportation of firearms

Release date: 2005-08-03

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://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000926A000.html

Edited December 21, 2008 by Fallguy

[Guest HexHead]

Just set your cruise control for the speed limit so they don't have any reason to stop you and don't make any stops along the way.

[Oh Shoot]

...and a phone call with IDOT, conclusion reached was that I can't do it. .

Like asking Gestapo headquarters if you can bring a Jewish friend along while traveling from Britain to Switzerland in 1944.

ID(i)OT indeed.

- OS

[GLOCKMEISTER]

you did right to ask them... they will be the ones arreesting you.

In short i'd leave the gun at home.

[Oh Shoot]

you did right to ask them... they will be the ones arreesting you.

In short i'd leave the gun at home.

Oh horse pucky.

Federal law allows you to transport your iron through their state, and excludes any lesser statues in conflict with that.

It might be iffy if Illinois was your travel destination, but it's not.

EDIT: And not only that, you can have it anyway:

(Illinois)

NON-RESIDENT

A non-resident is permitted to possess a firearm without a FOID* if it is

unloaded and enclosed in a case, or if the nonresident is:

• Hunting and has a non-resident hunting license, while in an area where

hunting is permitted.

• On a target range recognized by the Department of State Police.

• At a gun show recognized by the Department of State Police.

• Currently licensed or registered to possess a firearm in his state of

residence.

* Firearms Owner’s Identification Card (a Ill state thang)

Note that Chicago has more rules, like no how no way.

(maybe that's what you are reacting to, Glockmeister, but federal law ought to let you transport through Chi town, too!).

(from NRA-ILA, state by state)

- OS

Edited December 22, 2008 by OhShoot
add'l info

[Fallguy]

you did right to ask them... they will be the ones arreesting you.

In short i'd leave the gun at home.

Really? Even though federal law (which trumps and state law) allows it?

I would just make sure I transported according to the federal regulation and maybe carried a copy of it with me.

Sounds like the IL State trooper guide needs to be updated.

[DaveTN]

When I was a cop in Illinois there was a provision for a non-resident to transport a handgun. (Locked, trunk, all that) But that was a long time ago. I don’t see any provision for it on the Illinois State Police Website. (Other than hunting)

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

Or you can click on the "How to transport your gun legally" link on this page...

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

And read through what appears to be the entire unlawful use of weapons section of the criminal code.

I will try to call ISP tomorrow and find out. Because I’m going to Illinois and was planning on taking several guns.

Oh yeah, and I wouldn’t transport a bean shooter into or through the Chicago area. But you won’t be up there anyway.

Edited December 22, 2008 by DaveTN

[StumpyBeagle]

You could always add an hour and a half to the trip and go through Dyersburg then take I-55 up through Missouri if you don't feel comfortable going through Illinois.

[Guest jackdog]

I've been through Ill. a couple of times via I 24 ti I57 then cutting over to St louis. I simply lock my cruise control at the correct speed and keep on traveling. Noe I make sure to gas up in Paducah so as not to give the f87king commies any of my money. I do keep ammo and gun separate during the few hours I'm in Illinois.

[DaveTN]

Okay, I called the Illinois State Police District 10 Office at Pesotum, Illinois. The non-emergency number is 217-265-0050 in case anyone wants it.

I didn’t get to have a long discussion because he said they are in the middle of an ice storm. But did tell me I can bring my guns there, and ran down the procedures.

I also have had PM conversations with a retired ISP Trooper from the area I am going to.

It does not appear than the laws have changed any. You can transport your firearms through Illinois or even have Illinois as your destination.

References to FOID cards or laws do not apply to out of state residents.

Firearms must be…

Unloaded

In a case

Not immediately accessible or broken down in a non-functioning state.

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."

There are municipalities that have firearm laws more restrictive than the state laws. They are listed on this page

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

[Fallguy]

[dariks]

Thanks for the info DaveTN.

I take my gun with me whenever I travel. I guess in the future instead of throwing the unloaded gun in the suitcase I should remember to bring the case that came with the gun when I bought it just to be on the safe side.

[Guest bkelm18]

In other words, make the gun as completely useless as possible and you'll be good to go.

[DaveTN]

In other words, make the gun as completely useless as possible and you'll be good to go.

Yes. Exactly the same as Tennessee.

[Fallguy]

Yes. Exactly the same as Tennessee.

Unless you have permit. Permits no good in IL

[cadillacdude1975]

Illinois and WI.........2 places i refuse to visit.

[Glock30Owner]

Illinois and WI.........2 places i refuse to visit.

Wisconsin is an Open Carry state.

"If you want to carry a gun in Wisconsin, wear it on your hip," said Gov. Jim Doyle as he patted his hip.

http://content.clearchannel.com/cc-common/mlib/1176/01/1176_1201797811.pdf

Now there is no state preemption in Wisconsin, so it would be wise to check for local bans on open carry.

[Guest theoldguy]

When I went to MO I had the option of going Through IL or 200 miles out of my way and stay out of IL. I stayed out and drove the extra miles..I call IL and they said that the firearm had to be broken down in a non-functioning manner and stored in a locked firearms container and be locked and the ammo had to be locked in its own container. They could not be stored in the same compartment as the driver or passengers. Since I was driving a explorer there was no way that could happen..but the person said that most explorers had a compartment that the jack was in..they said that would be good enough but then again..thats just what the IL state police told me. good luck in the commy state.

[Punisher84]

Wisconsin is an Open Carry state.

"If you want to carry a gun in Wisconsin, wear it on your hip," said Gov. Jim Doyle as he patted his hip.

http://content.clearchannel.com/cc-common/mlib/1176/01/1176_1201797811.pdf

Now there is no state preemption in Wisconsin, so it would be wise to check for local bans on open carry.

I can't find any proof of that. Neither handgunlaw.us or the state website show anything about being able to carry a firearm in WI. Handgunlaw.us has it as right denied. I also remember just a year ago Massad Ayoob talking about the NRA fighting to get carry up there and it was almost a sure thing until some of the legislators went turn-coat back to Doyle.

[Oh Shoot]

Wisconsin is an Open Carry state.

"If you want to carry a gun in Wisconsin, wear it on your hip," said Gov. Jim Doyle as he patted his hip.

http://content.clearchannel.com/cc-common/mlib/1176/01/1176_1201797811.pdf

Now there is no state preemption in Wisconsin, so it would be wise to check for local bans on open carry.

No idea in exactly what context da Gov made that comment, but Wisc is one of the two No Way No How carry states.

Although from what I read, Hawaii is really a third one.

NRA-ILA summary does state:

"CARRYING

It is unlawful for any person except a peace officer to go

armed with a concealed and dangerous weapon. There is no statutory

provision for obtaining a license or permit to carry a concealed

weapon. State law does not prohibit the open carrying of a firearm,

but a person should exercise caution when carrying a firearm in

public."

As I understand it from reading other forums, "exercising caution" is for real, because you'll be arrested.

- OS

Edited December 27, 2008 by OhShoot
add'l info

[Fallguy]

There is somewhat conflicting info on Opencarry.org There WI page http://opencarry.org/wi.html says it is an OC state and has preemption, but their map says there is no preemption.

[Guest ProguninTN]

I can't find any proof of that. Neither handgunlaw.us or the state website show anything about being able to carry a firearm in WI. Handgunlaw.us has it as right denied. I also remember just a year ago Massad Ayoob talking about the NRA fighting to get carry up there and it was almost a sure thing until some of the legislators went turn-coat back to Doyle.

The keys to OC in WI are 2 court cases, State v. Hamdan and State v. Dundon. Hamdan can be found here http://www.wisbar.org/res/sup/2003/01-0056.htm Although, a WI LEO on another forum told me that some of his comrades don't pay attention to case law.

[wjh2657]

Okay, this isn't for an argument. I really would like to know. According to legal beagles: Federal law has more provisions and wording is such that you can go from one legal domicile in one state to another legal domicile in another state and transport through Illinois. Trick here is the word domicile, meaning property you own and live in on at least a semi-regular basis. I GOOGLed the Federal law but I couldn't come up with anything. Is there a legal beagle on board the forum who could clarify this. Need real opinion, by law, not a "When you pry my gun out of my cold hands" armchair observation. I have to make this trip often and I really need to know.

As to asking the IDOT for the information, I have a buddy who just got out of a Federal slammer due to following some bad info from another gun owner regarding a de-activated Browning MG mounted on a reanactment WWII jeep he owned. You have to go to the source, they have the POWER!

[Fallguy]

I thought the law said "lawful purpose" not "domicile".