Travel through IL

[PennsyPlinker]

Let's say my friend from here wanted to go to another state west of here where his LTCF is recognized, but he had to go through IL to get there. He goes and reads all he can find on transporting through hostile states, and cannot find anything beyond making sure the gun in question is unloaded, ammo separate, locked up, and not easily accessible from the cabin of the vehicle. He can't seem to find anything regarding "don't stop to pee, eat, get gas, etc." Is he missing something? I would really like to help my friend out with this.

If you are tempted to write back with some sort of nonsense like, "don't carry" or "drive all the way around IL", it might not be a good idea. You could probably just save yourself some time by moving on to the next thread. My friend will be very annoyed, since that is not what he is asking.

[Scrumpyjack]

Bill, Your friend is not missing anything. The U.S. code on Peaceable Journey is extremely vague; so much so, that it really is more of a recommendation to states than it is a law.

-CITE-

18 USC Sec. 926A 01/22/02

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 44 - FIREARMS

-HEAD-

Sec. 926A. Interstate transportation of firearms

-STATUTE-

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.

Check about halfway down the page in this link: http://www.isp.state.il.us/foid/firearmsfaq.cfm

Illinois does not have preemption laws, so your friend could get off the Interstate to go to Wendy's and be in a municipality that bans all firearms.

Luckily, in all my travels through Illinois, I have never been stopped, nor had to stop, unless my destination was somewhere in Illinois. My buddy was even luckier, he lived there for four years in Carbondale, with a safe full of firearms and no FOID.

[tl_3237]

When traveling under 18 USC 926A stops intrinsic to your travels would be allowed (gas, food, rest rooms, overnight stays, etc).

Now the caveats:

Minimize stops in very unfriendly states - 926A may provide protection but it is an affirmative defense and not a blanket preemption;

Make sure the stops are truly necessary. If you stop for food, etc then don't take even the slightest excursion to sightsee, visit cousin George nearby, etc;

If you stay overnight in an unfriendly state, do not take the firearms out of the vehicle into your room. They must remain in 926A transport compliance throughout the entire leg of the trip that you are seeking protection for.

[oblivionboyj]

I moved here from IL, and while they do have some goofy gun laws, they are not as hostile to guns as advertised (in most of the state).
The state police DO honor section 926, and the states own laws on carriage of firearms mimic 926.
Keep the gun unloaded and out of reach of the driver and passengers in a locked case.
Do that and they will be fine.
This will even be true in Chicago actually.
I grew up in the city, and most of the people I know have guns.
That said, don't stop in the city with guns in you car if you can avoid it.
This is not because of the police.
Property theft from nice out of state cars is pretty high there, and can happen in as long as it takes to pay for gas and come back.
Enjoy the trip

[mrjam2jab]

Let's say my friend from here wanted to go to another state west of here where his LTCF is recognized, but he had to go through IL to get there. He goes and reads all he can find on transporting through hostile states, and cannot find anything beyond making sure the gun in question is unloaded, ammo separate, locked up, and not easily accessible from the cabin of the vehicle. He can't seem to find anything regarding "don't stop to pee, eat, get gas, etc." Is he missing something? I would really like to help my friend out with this.

He didn't find that in the Fed transport law...

IIRC, it's a pretty quick trip thru IL...about 3 hours I think. Should be no need to stop there.

[PennsyPlinker]

Thanks for the responses guys. My friend will be traveling through the southern part of the state, and will only be there a few hours. On my advice he called the state police, who were very friendly and helpful. He called from a phone booth and disguised his voice of course. It doesn't look like there will be any problems as long as he refrains from shooting the gun out the window as he drives down the interstate.

[PennsyPlinker]

IIRC, it's a pretty quick trip thru IL...about 3 hours I think. Should be no need to stop there.

Wait till you get a little older and you'll see how long three hours without stretching or peeing really is. I drove up the eastern shore of the Chesapeake Bay, from VA through MD and DE without stopping to pee a couple of years ago. I thought I was going to explode.

[mrjam2jab]

Wait till you get a little older and you'll see how long three hours without stretching or peeing really is. I drove up the eastern shore of the Chesapeake Bay, from VA through MD and DE without stopping to pee a couple of years ago. I thought I was going to explode.

I drove thru IL with 3 girls...I closed my ears.

[zackattack784]

Let's say my friend from here wanted to go to another state west of here where his LTCF is recognized, but he had to go through IL to get there. He goes and reads all he can find on transporting through hostile states, and cannot find anything beyond making sure the gun in question is unloaded, ammo separate, locked up, and not easily accessible from the cabin of the vehicle. He can't seem to find anything regarding "don't stop to pee, eat, get gas, etc." Is he missing something? I would really like to help my friend out with this.

If you are tempted to write back with some sort of nonsense like, "don't carry" or "drive all the way around IL", it might not be a good idea. You could probably just save yourself some time by moving on to the next thread. My friend will be very annoyed, since that is not what he is asking.

Well it just so happens I had this exact same problem last month. Here is all the information I dug up before my trip. I didn't have the luxury of using FOPA but here it is. These are all taken from posts of mine in this thread.
http://forum.pafoa.org/concealed-ope...ml#post1648767

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 Card

This looks like it might help as well
http://chicago.cbslocal.com/2011/04/...s-in-illinois/

And this:
http://www.isra.org/vic_quilici/holmes_case.shtml

STATE SUPREME COURT RULES BACKSEAT ARMREST IS A “CASE”

April 7, 2011

People v. Holmes, Ill. Supreme Court, Docket # 109130, Opinion filed 4/7/11. The defendant owner/driver of a motor vehicle, an Indiana resident who had been issued a carry license by his home state, was stopped by Chicago police officers for a traffic violation. Pursuant to a search, a 9 mm handgun was recovered from a backseat armrest of the car. The Court noted that “[t]he armrest separated the two back seats and contained a storage compartment that closed with a latch. The compartment could be folded up into the seat or left in a down position. At the time the gun was recovered, the compartment was closed and latched.” Testimony conflicted as to whether the armrest was folded up (defendant’s testimony) or in the down position (officer’s testimony).

The defendant was charged in count I with aggravated UUW, alleging he carried an “uncased, loaded and immediately accessible” firearm, violating 720 ILCS 5/24—1.6(a) (1)(3)(A), a felony. The second felony count alleged defendant carried in his vehicle a firearm “at a time when he was not on his own land or in his own abode or fixed place of business” and “had not been issued a currently valid FOID card in violation of 720 ILCS 5/24—1.6(a)(1)(3)(C).

In a jury trial, the trial court denied defendant’s counsel attempt to introduce the Indiana gun permit into evidence. The trial judge concluded that as a matter of law the Indiana permit was not a substitute for the FOID card, and therefore irrelevant. Compounding that error, the Trial judge also rejected defense argument that the exception contained in the FOID card Act (section 2(b)(10) could not be read into the unlawful use of weapon statute.

On appeal to the State Supreme Court, the Justices reversed the decisions of both the trial court and the Appellate Court and returned the case to the trial court for further proceedings consistent with its findings. The Supreme Court relied on its prior decision in People v. Diggins, 235 Ill. 2d 48 (2009), a case previously reported by ISRA, and in which we were represented through an amicus brief. In Diggins, the Supreme Court defined the term “case” as used in the UUW statute, and it held that a center console of a vehicle is a case. The Court concluded:

“As with the front seat console in Diggins, we conclude that this backseat armrest, which contained a cover and latch, falls within the meaning of a case under section 24--1.6. Moreover, the evidence is undisputed that the armrest was closed and latched. As such, the gun was enclosed in a case.”

Having disposed of the charge under Count I, the Supreme Court also ruled for the Defendant as to the charge in Count II., holding that the exception in the FOID Act which states that the provisions of the FOID Act do not apply to “[n]onresidents who are currently licensed or registered to possess a firearm in their resident state,” is applicable as a defense to the second UUW charge. Thus, the State Supreme Court rejected the lower court holding that the exceptions in one [statute] cannot be read into the other.

And this is what I did in IL:

For Illinois, I took a super extra caution approach. I unloaded and field stripped my firearm, locked the ammo in one bag, I locked the firearm in another bag, and I made sure to keep the bags buried under a million other bags in the trunk. I realize that is way more than the law requires, but I trust Illinois cops as much as I trust Jersey cops...

[Firedbrass]

After reading this thread, it would seem that the scenario below is a bad idea:

Non Illinois resident, traveling from Texas to St. Louis for a shooting event in Missouri. Cheapest motel is across the river in Illinois yet still close to shooting event and airport in St. Louis. Staying at that motel with firearm would appear to NOT qualify for whatever Federal protection there is, and so you would be in violation of IL law simply staying in Illinois for a night?

Am I reading this correctly?