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Mike
Super Moderator
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Posted: Mon Oct 12th, 2009 11:29 pm |
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http://www.chicagotribune.com/news/chi-ap-il-gunstorage,0,6859495.story
Ill. court OKs storing guns in car consoles
Associated Press
11:18 a.m. CDT, October 8, 2009
SPRINGFIELD, Ill. - The Illinois Supreme Court says gun owners can carry weapons in the ordinary storage boxes built into their cars.
The question was whether a compartment for items like CDs and sunglasses also meets the legal definition of a "case" for carrying guns. Illinois law lets people carry guns in their cars so long as they are stored in a case or other container.
The court ruled Thursday that a car's storage box is good enough.
The ruling was prompted by a Peoria case in which a man had been sentenced to 2{ years in prison for carrying two pistols in his car's storage compartment.
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protias
Regular Member
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Posted: Tue Oct 13th, 2009 02:20 am |
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Wow, that is really good new. Hopefully that will extend to allow carry in your vehicle.
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Smurfologist
Regular Member
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Posted: Tue Oct 13th, 2009 03:15 am |
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Let's see.......Chicago is in Illinois.......Handguns are currently banned in the Chicago city limits.........Will that change because of this (I know, crawl before we jog......I got it, but, I'm hopeful)!!
The 2nd Amendment... brought to you by Beretta and the number 1791!!
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darthmord
Regular Member
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Posted: Tue Oct 13th, 2009 12:07 pm |
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Heh, and so it begins in Illinois.
That wall erected banning firearms is starting to crack.
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
| Location: | Elgin, Illinois USA |
| Posts: | 697 |
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Posted: Tue Oct 13th, 2009 12:47 pm |
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Just a cautionary note: The decision applies to unloaded guns only!
The next part to get straightened out is since an out of state resident can not get an FOID card as specified by Illinois law for the exemption is there an equal protection claim?
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Mike
Super Moderator
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Posted: Tue Oct 13th, 2009 08:08 pm |
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lockman wrote: The next part to get straightened out is since an out of state resident can not get an FOID card as specified by Illinois law for the exemption is there an equal protection claim?
What statute precludes visitors and new residents from bringing guns into illinois? grace period?
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Smurfologist
Regular Member
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Posted: Wed Oct 14th, 2009 12:57 am |
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Mike wrote: lockman wrote: The next part to get straightened out is since an out of state resident can not get an FOID card as specified by Illinois law for the exemption is there an equal protection claim?
What statute precludes visitors and new residents from bringing guns into illinois? grace period?
.......But, if a visitor (like me) were armed and went to visit my family in Chicago (Illinois).......
The 2nd Amendment... brought to you by Beretta and the number 1791!!
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Nutczak
Regular Member
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Posted: Wed Oct 14th, 2009 02:45 am |
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Can somene clarify this a little.
When an unloaded handgun is in the console or glove compartment, does it have to be in side of another case before being placed in the console or glove compartment.
Or can you simply take an unloaded handgun, and place it in the glovebox?
if that is the case, Illinois will be considered to have less restrictive laws than in WI!!
In WI, a firearm must be in a case specifically made to house a firearm before being put into, on, or leaning against a vehicle. The way the law reads, even if you had a gun-safe bolted to the floor of your vehicle, you must still place the gun in another case before placing into a locking safe. Kinda F'ed up, huh?
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Mike
Super Moderator
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Posted: Wed Oct 14th, 2009 03:11 am |
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Nutczak wrote: In WI, a firearm must be in a case specifically made to house a firearm before being put into, on, or leaning against a vehicle. The way the law reads, even if you had a gun-safe bolted to the floor of your vehicle, you must still place the gun in another case before placing into a locking safe. Kinda F'ed up, huh?
And even then, if within reach, it is unlawfully concealed.
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
| Location: | Elgin, Illinois USA |
| Posts: | 697 |
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Posted: Wed Oct 14th, 2009 01:02 pm |
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deleted - paste contained formatting errors and incomplete.
Last edited on Wed Oct 14th, 2009 03:57 pm by lockman
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
| Location: | Elgin, Illinois USA |
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Posted: Wed Oct 14th, 2009 01:08 pm |
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(c) This Section does not apply to or affect the transportation or possession of weapons that:
(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.
Does section (iii) apply to non FOID holders?
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Mike
Super Moderator
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Posted: Wed Oct 14th, 2009 05:09 pm |
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| Lockman - my question is general but important - can a traveler or new resident to Illinois bring a garden variety handgun or long gun thru/to Illionois and keep it at their place of abode even though they do not have an IL FOID card? Presumably there is a grace period befoire they must have an FOID Card, right?
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M1Gunr
Regular Member
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Posted: Thu Oct 15th, 2009 05:37 pm |
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Mike,
I wrote to the State Police section in charge of the FOID cards and asked the same questions. I have yet to get a reply.
According to the FOID site: http://www.isp.state.il.us/foid/firearmsfaq.cfm
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. It is recommended that, in order to be in compliance with all statutes, non-residents transport all firearms: - Unloaded, and
- Enclosed in a case, and
- Not immediately accessible or broken down in a nonfunctioning state.
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.
I have a friend/relative who has a "conceal and carry" permit issued in the state in which they reside. Is the permit recognized in Illinois?
No. Non-residents are subject to Illinois law, restrictions, and penalties, and should be familiar with them if the non-resident plans to bring a firearm into the state of Illinois.
Last edited on Thu Oct 15th, 2009 05:42 pm by M1Gunr
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
| Location: | Elgin, Illinois USA |
| Posts: | 697 |
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Posted: Thu Oct 15th, 2009 06:29 pm |
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(430 ILCS 65/2) (from Ch. 38, par. 83 2)
Sec. 2. Firearm Owner's Identification Card required; exceptions.
(a) (1) No person may acquire or possess any firearm,
stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(2) No person may acquire or possess firearm
ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
(1) United States Marshals, while engaged in the
operation of their official duties;
(2) Members of the Armed Forces of the United States
or the National Guard, while engaged in the operation of their official duties;
(3) Federal officials required to carry firearms,
while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations
which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with
valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting
license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range
recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or
display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
(10) Nonresidents who are currently licensed or
registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
(12) Color guards of bona fide veterans
organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence
does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;
(14) Resident hunters who are properly authorized to
hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled;
(15) A person who is otherwise eligible to obtain a
Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization; and
(16) Competitive shooting athletes whose competition
firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
(c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties.
(Source: P.A. 96 7, eff. 4 3 09.)
The FOID act specifically exempts non-residents under the above conditions. Just don't overstay to the point residency may come into question.
Now, if a non-resident is exempt from having to obtain an FOID, are the UUW exemptions that require a FOID enforceable against non-residents who by law don't need it and can't get one if they tried? That question I am still awaiting a response.
Last edited on Thu Oct 15th, 2009 06:45 pm by lockman
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Mike
Super Moderator
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Posted: Thu Oct 15th, 2009 10:30 pm |
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lockman wrote: The FOID act specifically exempts non-residents under the above conditions. Just don't overstay to the point residency may come into question.
Now, if a non-resident is exempt from having to obtain an FOID, are the UUW exemptions that require a FOID enforceable against non-residents who by law don't need it and can't get one if they tried? That question I am still awaiting a response.
what UUW exemptions require a FOID card
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
| Location: | Elgin, Illinois USA |
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Posted: Thu Oct 15th, 2009 11:08 pm |
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720 ILCS 5/24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
(3) Carries on or about his person or in any
vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his own abode or fixed place of business 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;
Section (iii) My take is a non resident would be fine under the conditions of (i) or (ii), but not (iii).
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Smurfologist
Regular Member
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Posted: Fri Oct 16th, 2009 12:26 am |
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lockman wrote: 720 ILCS 5/24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or
(3) Carries on or about his person or in any
vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his own abode or fixed place of business 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;
Section (iii) My take is a non resident would be fine under the conditions of (i) or (ii), but not (iii).
So that I am clear, all of this goes out the window if you want to visit your family in Chicago (Illinois) while armed, right?!?
The 2nd Amendment... brought to you by Beretta and the number 1791!!
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Broondog
Regular Member
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Posted: Fri Oct 16th, 2009 04:40 am |
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i would like some clarification on this as well.
when i visit family in Springfield i always travel this way....
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
and the weapon in question is always my S&W Mdl 28 so as to avoid any "high cap mag" law that i might be unaware of, and the case is behind the seat of the truck with one latch open and a speedloader on the seat. the console thing would be easier but not by much i suppose.
i too would like to see what the State boys have to say about it.
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
| Location: | Elgin, Illinois USA |
| Posts: | 697 |
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Posted: Fri Oct 16th, 2009 01:09 pm |
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YES - A non-resident can have a loaded firearm in places concidered thier dwelling, or private property where they have the owners permission.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?name=096-0742&GA=96&SessionId=76&DocTypeId=HB&DocNum=182&GAID=10&Session=
The law posted the Illinois website is incomplete and does not reflect all the changes that were made. How some of the changes were made and others not from the same public act I do not know. The above link is the public act passed and was effective immediately
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Mike
Super Moderator
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Posted: Fri Oct 16th, 2009 01:59 pm |
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great work Lockman - my reading of state by state (and DC) law for the few states with gun registration or posession licensing is that only in New York (for handguns) and DC (for all guns) is there a problem for visitors and new residents to bring garden varierty handguns and long guns into or thru the state/DC and keep them at their place of abode while there.
Every other state is like IL and appears to give new residents and visitors agrace period to comply with registration/possession licensing. There may be some residual problems in NY City and Chicago and one Chicago suberb, but those restrictions will hopefully be dealt with soon.
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