There is now limited concealed carry in Illinois if you have a valid Firearm Owners ID Card. Follow along...
You
are just six seconds from safety...
Read the Chicago Tribune article
New! Information on conceal carrying via purse. See
red text below.
There is now
limited concealed carry in Illinois if you have a valid
Firearm Owners ID Card
(FOID)...
What
is Unlawful Use of Weapons?
Section 24-1 of the Criminal Code of 1961:
"(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 abode or fixed place of business any pistol,
revolver, stun gun, taser or other firearm." 720 ILCS 5/24-1(a)(4)(West 1994).
Are
there any exceptions?
Yes!
The Code also provides for certain situations in which section 24-1(a)(4) does
not apply. Section 24-2(i) provides:
"nothing in this Article shall prohibit, apply to, or affect the transportation,
carrying, or possession of any pistol, revolver, stun gun, taser, or other
firearm which is unloaded and enclosed in a case, firearm carrying box, shipping
box, or other container, by the possessor of a valid Firearms Owners
Identification Card." 720 ILCS 5/24-2(i)(West 1994).
And this excerpt from Public Act 91-0690 (Safe Neighborhoods Act 2000)
(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 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:
****
(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;
How
can I legally transport a firearm on my person or in my vehicle?
Three statutory codes regulate the possession, transfer, and transportation of
firearms- the Criminal Code, the Wildlife Code, and the Firearm Owner's
Identification Act. Under Unlawful Use of Weapons (UUW) in the Criminal Code,
persons who have been issued a valid FOID card may transport a firearm anywhere
in their vehicle or on their person as long as the firearm is unloaded and
enclosed in a case, firearm carrying box, shipping box, or other container.
Firearms that are not immediately accessible or are broken down in a
non-functioning state may also be carried or transported under the Criminal
Code. The Wildlife Code, however, is more restrictive. It requires that all
firearms transported in or on any vehicle be unloaded and in a case. Because of
this, it is recommended that, in order to be in compliance with all statutes,
all firearms be transported:
1. Unloaded and,
2. Enclosed in a case, and
3. By persons who have a valid FOID card.
Source: Illinois State Police titled "Transport Your Gun Legally" - Commonly
asked questions on transporting firearms. George H. Ryan, Governor; Illinois
State Police, Sam W. Nolen, Director; Dept. of Natural Resources, Brent Manning,
Director.
(Printed by the Authority of the State of Illinois, ISP Central Printing
Section, ISP 1-154 [8-00] 70M).
How
do I take advantage of this law to increase my personal safety?
Purchase a concealed carry fanny pack and carry an unloaded gun with magazines
at the ready in the compartment. You will be just "Six Seconds From Safety" as
you can open the case and quickly lock and load your handgun should a use of
lethal force situation arise. Not as good as a concealed carry law, but a lot
better than it used to be!
For a purse, carry an unloaded gun with
magazines in a container, case, or carrying box. Then place that inside your
purse. Yep, you're probably going to have to carry a large-sized purse to fit
the container in it. Then again, some guns out there are small enough that the
carrying case is the size of your hand, so you many not need a large purse after
all.
Okay, what are the particulars?
1. Obtain a valid
Firearm
Owners Identification Card (FOID) and carry it.
2. Obtain a fanny pack designed for concealed carry of a weapon.
If you opt to carry a purse, obtain a
purse large enough to hold your carrying case within it.
3. Put your UNLOADED gun in the fanny pack or purse along with loaded
magazines
4. A letter explaining the law should be carried in the fanny pack/purse.
This letter puts law enforcement on notice that you do not consent to search,
tells them what your FOID number is, cites the law and has a space for your
attorney's name and phone number.
Download the letter in MS Word by clicking here
or in Adobe Acrobat format by clicking here.
Why
should I carry the letter with me in the fanny pack/purse?
Should the police stop you they may not know the law. By having a copy of the
laws with you the police are then knowledgeable of the law. If they continue to
arrest you they may be sued personally for false arrest as they may no longer
claim they were acting in "good faith." Of course, the purpose of the letter is
to prevent an arrest in the first place. Until the law is widely known in
Illinois, some of the police will be acting on old information.
I
thought the ammunition had to be stored separately from the handgun?
This is a common myth as is the myth that the handgun has to be in a locked
container or in your trunk. The law merely specifies "cased" with no mention as
to ammo (see above). Further, the Illinois courts have ruled on this point
definitively. Ammunition may be in the magazine as long as the magazine is not
in the hand gun. See Illinois
v. McDade.
So
far, all well and good, but is there some case law that back you up?
Check out the case of
Illinois v. Brunner which categorically affirms the right to carry an
unloaded, encased weapon. The relevant portion of the case is highlighted in
bold text. Not only case carry the law in Illinois, but it is backed up by the
courts.
Just
to be sure, I'd like to read the act for myself.
Okay, click here:
http://www.legis.state.il.us/publicacts/pubact91/acts/91-0690.html
This
is great info! Where did Concealed Carry, Inc. come up with this?
We would love to take full credit, but truth be known the hard work was done by
our friends at the Champaign County Rifle
Association.