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Thread: Road Trip!
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June 15th, 2011, 09:22 PM #1
Road Trip!
I'm planning on taking a road trip with some friends in a few weeks and I need some help. I've researched the route and EVERY state I will be travelling to recognizes my PA or AZ permit EXCEPT IL.
We will be spending some time in IL so FOPA will not apply in my case. I've been trying to figure out if transporting a firearm, unloaded, locked, cased, ammo separate, etc. is against IL law. My first instinct was it was considering how anti-gun IL is, but after looking further I'm just confused now. I did find this http://www.isp.state.il.us/docs/1-154.pdf but I'm not sure if it applies in my case.
I'd hate to be without my firearm for two weeks because one stupid state thinks guns are the devil, but I don't want to be a felon either.
Changing the route is NOT an option. If anyone suggests not going to IL I'll neg rep them.
Thanks for the help guys!
ETA: I found this as well
http://www.nraila.org/gunlaws/federal/read.aspx?id=59
ILLINOIS— Possession of a firearm or ammunition generally requires an Illinois Firearm Owner’s Identification Card (FOID). This requirement does not apply, however, to nonresidents whose firearms are unloaded or enclosed in a case. The possession of a firearm in a vehicle is also generally prohibited, but this restriction does not apply to firearms that are “broken down in a non-functioning state” or that are not immediately accessible.
Illinois allows localities to enact firearms restrictions greater than those imposed by state law. The city of Chicago requires all firearms possessed in the city to be registered. Handguns not previously registered in Chicago cannot be registered. Oak Park bans the possession of handguns within its borders. Evanston bans the possession of handguns within its borders, “except when said handgun is kept at the residence of said person for self-protection, provided that said person possesses a current and valid Firearm Owner’s Identification card issued by the State of Illinois.” As of May 2010, the constitutionality of several of these laws was being challenged in the U.S. Supreme Court.
Cook County, Chicago, and a number of Chicago suburbs, including Aurora and Oak Park, also ban so-called “assault weapons” or certain ammunition feeding devices. The details of these bans vary, so travelers planning to transport semi-automatic firearms, or magazines with capacities that exceed eight rounds, should carefully check local requirements.Last edited by zackattack784; June 15th, 2011 at 09:25 PM.
I am not a lawyer and nothing I say should be construed as legal advice.
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June 15th, 2011, 11:29 PM #2
Re: Road Trip!
That first paragraph sure sounds promising, but I'd want to see statutes, and the exact wording.
You could try asking here, might be a good resource to point you in the right direction;
http://www.illinoiscarry.com/forum/
If you are able to I'd be very wary of the municipalities you travel through. I'd also be extremely discrete.
I'm not a lawyer, but you knew that.Last edited by rwb1500; June 15th, 2011 at 11:31 PM.
Selling off a a sizeable Spyderco collection here
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June 17th, 2011, 06:52 AM #3
Re: Road Trip!
I feel your pain. I visit relatives in NJ, 300 mile trip and because of 50 miles in a ridiculously restrictive state I have to leave my firearm at home. In fact, today I am going to Buffalo Airport to pick up some in-laws, have to leave everything home!
Reviewing Gary's information at Handgunlaw.us - specifically http://www.handgunlaw.us/states/illinois.pdf seems to back up your thoughts, that breaking down and 'casing' your weapon and ammo would be allowed.Last edited by FJRMarty; June 17th, 2011 at 08:14 AM.
Marty near God's Country. Making good people defenseless doesn’t make bad people harmless.
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June 17th, 2011, 11:01 AM #4
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June 17th, 2011, 11:41 AM #5Active Member
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Re: Road Trip!
wow... ^ made me lol
S&W M&P40c, Sig P238 SAS-.380, Ruger mkIII .22, Thinking about a new sig 938.....
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June 17th, 2011, 12:27 PM #6
Re: Road Trip!
Here is what I could find. It says it can just be inaccessible, but to be honest, while in IL I would field strip the gun just to be on the safe side, I don't trust anti-gun states. But everything I'm finding makes it look like I'm good to go.
Second thing, I just realized we will be in Nevada for a short time as well. If my research is correct, OC is legal, OC car carry is legal, and CC car carry is legal as long as the firearm is not on my person or in a bag/container which is under my direct control. Sound about right?
http://www.ilga.gov/legislation/ilcs...00050K24-1.htm
(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
...
(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non‑functioning state; or
(ii) are not immediately accessible; or
(iii) are 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 CardI am not a lawyer and nothing I say should be construed as legal advice.
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June 17th, 2011, 12:32 PM #7
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June 17th, 2011, 01:28 PM #8
Re: Road Trip!
I *think* Federal law has you covered to pass through IL, as long as you have your gun unloaded, cased and separate from the ammo as long as you keep moving, and your destination is a place where you can legally possess. Don't even stop to whiz.
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June 17th, 2011, 01:49 PM #9
Re: Road Trip!
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June 17th, 2011, 03:08 PM #10
Re: Road Trip!
Thanks. On the way out west we will pass through IL and I plan to follow FOPA guidelines then. On the way back we're making a one day stop in Chicago. I know, not exactly the best place to go, but I'm not gonna miss the whole trip because of a stop in one shitty city. Unless I can find something else that proves my research wrong, I plan on disassembling my firearm and keeping it locked in the case for the duration of the IL portion.
I am not a lawyer and nothing I say should be construed as legal advice.
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