Travel through Illinois
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Travel through Illinois

This is a discussion on Travel through Illinois within the Traveling With Handguns forums, part of the Handguns category; I was just on the Illinois Attorney General website looking for anything on traveling through that state with firearms and ...

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    Default Travel through Illinois

    I was just on the Illinois Attorney General website looking for anything on traveling through that state with firearms and they have nothing on their site about firearms. Nor were there any links. I know if I call the state patrol I am asking for trouble, as they probably do not know the laws for every county. I did leave a detailed message with the AG, so I hope they reply before I leave in April. I plan on traveling nonstop from rockford to E st louis, just so I limit the time I spend in this state. I will try and post what I get from the AG's office.
    Endeavor to Persevere, Freedom is not Free

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    I too limit my time in Ill. for that reason. IF I stay overnight, my firearm is secured in a safe in my vehicle, sad but necessary! From my understanding at present, that's where it stays anytime I'm in that ungun friendly state. Hopefully things will change there soon.

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    As of about thirty days ago, Illinois has been given 180 Days to come up with a concealed carry permit law; I hope that they do not drag their feet in getting this done

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    Some of the Antis there are trying to ram thru a really onerous "MAY-ISSUE" law with all sorts of provisions to make (even may-issue) carry highly impractical.

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    Google FOPA for the law regarding travelling with your guns.
    essentially the law says that as long as you follow the rules you can transit through any state regardless of their laws.
    you must be passing through from a place where you are legal to possess the gun to a place where you are legally possessing the gun.
    the rules are, no stopping! try to not even stop for gas or rest rooms. the gun must be in a locked box, ammo seperate from the weapon. the box must be inaccessible to the driver. follow the rules and you can pass through any state.

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    Quote Originally Posted by apvbguy View Post
    ammo seperate from the weapon.
    Respectfully, you might want to google FOPA and read it again.
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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    Quote Originally Posted by wizard View Post
    I was just on the Illinois Attorney General website looking for anything on traveling through that state with firearms and they have nothing on their site about firearms. Nor were there any links. I know if I call the state patrol I am asking for trouble, as they probably do not know the laws for every county. I did leave a detailed message with the AG, so I hope they reply before I leave in April. I plan on traveling nonstop from rockford to E st louis, just so I limit the time I spend in this state. I will try and post what I get from the AG's office.
    Or, would you like the answer to your question instead of waiting for the AG's office?

    Firearm Owner's Frequently Asked Questions

    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. In order to comply with the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act, when transporting a firearm, it must be:

    broken down in a non-functioning state; or
    not immediately accessible; or
    unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card.

    For a list of other commonly asked questions on transporting firearms in Illinois, please refer to the Transport Your Firearm Legally brochure available on our website.

    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/docs/1-154.pdf

    IF A NON-RESIDENT IS VISITING ILLINOIS, HUNTING, OR TRAVELING THROUGH WITH A FIREARM, HOW DO THEY LEGALLY TRANSPORT IT?

    Non-residents must be legally eligible to possess or acquire firearms and ammunition. Non residents are not required to have an Illinois FOID Card. It is recommended that in order to be in compliance with all statutes, non-residents transport all firearms:
    1. broken down in a non-functioning state; or
    2. not immediately accessible; or
    3. unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.
    Which are basically the same requirements as FOPA, 18 USC 926A:

    18 USC § 926A - Interstate transportation of firearms | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

    18 USC § 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.
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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    Quote Originally Posted by NavyLCDR View Post
    Respectfully, you might want to google FOPA and read it again.
    respectfully there is no need to turn every thing into a pissing contest, while I am partially correct your response is partially wrong, ( I could have flipped the rights and wrongs )because it is contrary to this section of the law, 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
    In addition if I am not mistaken FOPA supersedes any IL statutes

    we can all split hairs and parse legalese

    have a nice day

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    There is a great brochure you can download and print on the NRA-ILA site that covers interstate transport of firearms, and covers Illinois also.
    Try this site: NRA-ILA | Guide To The Interstate Transportation

    I printed (6 pages)it to keep on file when I travel out of my home state.

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    Quote Originally Posted by apvbguy View Post
    respectfully there is no need to turn every thing into a pissing contest, while I am partially correct your response is partially wrong, ( I could have flipped the rights and wrongs )because it is contrary to this section of the law, 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
    In addition if I am not mistaken FOPA supersedes any IL statutes

    we can all split hairs and parse legalese

    have a nice day
    So, posting correct, factual information with reference to the source is turning something into a pissing contest? Let me explain to you exactly why it is important to split hairs when dealing with the law. Let's take your advice, as you initially posted: "the gun must be in a locked box, ammo seperate from the weapon. the box must be inaccessible to the driver. follow the rules and you can pass through any state. " So, I lock the gun in the box, and toss the ammo in the glove compartment to separate it from the weapon. I get stopped by Joe Trooper in some state like New York, and when I retrieve my registration and insurance from the glove compartment, Joe Trooper sees the box of ammo in there. Joe Trooper asks me, you got a gun to go with that ammo there? Yes, sir, I have a pistol in a locked box under the passenger seat. I get prosecuted in New York for possession of a handgun without a license and I go to Federal court to get the conviction overturned based upon FOPA.

    Guess what the judge is going to tell me? Sorry, NavyLCDR, but FOPA does not offer you any protection because FOPA requires, "during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible". Since the ammunition was readily accessible in the glove compartment, you violated the conditions in FOPA, and, therefore cannot use it as a defense.

    Prosecutors will absolutely 100% split hairs to convict you, and if the letter of the law was not complied with, how do you think the judge will decide?

    In this case, FOPA and Illinois law require exactly the same conditions for transporting a firearm through Illinois by a non-resident...so it doesn't matter which law supersedes the other. And, FOPA does not prohibit a state from convicting you from violating their laws - FOPA only provides a means to have that conviction overturned in a Federal court. But one must make sure they are complying with all those fine hairs that you say I want to split in the law in order to use it as a defense.
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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