Posted on Wednesday, 28th October 2009 by admin
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
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. See Illinois v. Brunner
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.
November 4th, 2009 at 11:21 am
It’s about time! I have my Ohio CCW and every time I show up at the range down there they laugh. They’re able to protect themselves, us Illinois law abiding citizens cannot in our home state, but we can in most other states.
I long for the day that the Feds wake up, empower all US citizens equally across state lines, and require background and proficiency checks.
November 13th, 2009 at 9:22 pm
this is good info i will purchase a fanny pack and put the letter of the law in there as well
November 25th, 2009 at 8:07 pm
Thankyou; I can make deposits with a little less worry. Can you suguest a fanny pack Manufacturer for me? Thankyou.
December 1st, 2009 at 8:34 am
Great information i would like to know would this apply in the city of chicago . Even though handguns are outlawed in chicago the city of chicago is still apart of illinois .
December 1st, 2009 at 4:19 pm
Thank you for the information and being a proponent of concealed carry. The links are beneficial. Perhaps you could also compile a list of defense attorneys that could be at the ready and familiar with this area?
December 2nd, 2009 at 1:12 pm
I am in a wheelchair which makes me very vulnerable so I think we should be able to protect ourselves. I know I as a business owner I will.
December 2nd, 2009 at 5:39 pm
Well written post! I was actually looking for something else on use of weapons on a google search and found your post, much more interesting than what I was looking for. I will definitely read more of your posts. Thanks.
December 5th, 2009 at 3:47 pm
I have my Utah Concealed Carry and realize it is worthless in Illinois. Such a shame that Chicago, the most dangerous area rules the state.
Thanks for this info and I appreciate your continued work in this area
December 7th, 2009 at 10:25 am
What about non-residents? FOID’s aren’t required for non-residents. My family lives in Illinois, but I live in Indiana. I would like to legally carry when I am visiting.
Thanks!
December 7th, 2009 at 8:21 pm
To all of you that wont to carry in ILL go to I carry .org and sign up on there to help to fight for are right I am sick of only criminals having the right to carry . We all have to fight together to get the right to make IL a safer state
December 14th, 2009 at 12:35 pm
I live in chicago(frowning now.
December 17th, 2009 at 3:02 pm
Is there a federal conceal and carry permit that allows you to carry a weopon anywhere in the US (for example for armed body guards)?
December 25th, 2009 at 9:29 am
I live in Illinois and the right to carry should be in place for us law abiding citizen. The government only shows what the criminals are doing with hand guns ect. They use shooting by criminals to detour our right to carry so they don’t have to give us the right to carry. I think its about time that we start posting all the good things about the right to carry. Truly if we have the right to carry criminals will think twice before trying to rob or burglarize some ones home or property. Criminals will still have firearms and will continue to commit crimes with firearms. We as law abiding people deserve the right to protect our family and our persons. We are asking the Illinois legislation to pass the right to carry in Illinois.
December 25th, 2009 at 12:23 pm
Please watch this video this is all we have to do as honest people in Illinois for carrying a hand gun.It makes it safe for police and others around us and our selves.
Go to this page and download this file it will take a few minutes but it worth it all. Police officers,politicians,or anyone in law enforcement please view this!
http://legallyarmed.com/resources/carstop.htm
(The video is in the middle of the page)
December 27th, 2009 at 12:20 pm
Ok folks I just talked to our police dept. Chief and asked him what he thought about the CCW, His reply was this (It does not bother me I’m for the ccw, as a police officer pulling over a car and them telling me that they have a gun in the car would be great. It protects me and the people around me so Im for the CCW). He also added criminals would think twice before trying to breakin someones home or try to do them harm if we had this law in illinois.
December 30th, 2009 at 1:16 pm
I have a belt holster with a tiedown clasp that locks the pistol in the holster. It also has pocket for a magazine. Wouldn’t this fall into the same clasification as the fanny pack?
Thanks for keeping us informed.
January 1st, 2010 at 11:11 pm
I read that parole officers are able to obtain a concealed carry permit now. I have a friend that is a parlor officer and she is about the dumbest person I know so why can she carry to protect her self from the same people I am around with my wife and kids? I know fireworks and drinking and driving are illegal in illinois but the criminals don’t care. Guns are different? Weird that we make laws after laws that say bad people can not use firearms to commit crimes. Hmmm sounds like criminals don’t care what laws say so it’s strange that people like me can not carry to be protected. I’ll bet ya I can out shoot better than half of the people in the world but I have to run people over when I feel threatened? I say we outlaw cars also then.
January 10th, 2010 at 6:05 pm
This petition is being circulated to all LEO’s throughout Illinois. Please do the right for our disabled Illinois Officers and sign it. Thank you.
Ro
http://www.gopetition.com/petitions/allow-disabled-illinois-police-officers-to-carry-their-firearms/sign.html
January 16th, 2010 at 6:53 pm
I believe the laws of Chicago are different and you cannot carry a handgun at all. Please give me advice.
January 26th, 2010 at 12:49 pm
I live in Wisconsin but winter in Florida. I have applied for a Florida conceal carry permit and am waiting for it to arrive. A two hour gun safety class and U.S. citizenship is required. The permit is honored in 33 states.
January 28th, 2010 at 12:17 am
Two things, here is the first, How does stun guns fit into this right to carry law? I have asthma, I use to be a law enforcement supplier but cannot any longer carry OC/Peppergas. Since a stun gun has a power-on/off switch and can be carried inside of a holster which has to be opened before it can me turned on to use… can it therefore be carried like a hand gun? Second, Why haven’t the concealed carry groups suggested that the gun manufacturers run television ads on the politician’s that support gun carry in Illinois. I believe that Illinois citizens will vote in a politician that will support a right to carry bill here in our state, is this a possibility?
January 31st, 2010 at 2:16 pm
I am a police officer in Illinois, and I think this law is great. I, and my fellow officers have been following this since it started. That being said, the public should be informed that the printed out copy of the law will mean absolutely nothing to an officer in the middle of an arrest. I can make a real looking statute in thirty seconds on a computer. The officer will have to verify the information, and that will be hard to do in the field. In the event you encounter a police officer that is unfamiliar with this update to the law, by all means show him the paper, but do not resist arrest if he decides to continue until he is able to verify the document. It has been a much longer standing law that it is illegal for a person to resist arrest even if they know the arrest is illegal. The officer is absolutely still acting in good faith because the document has not been verified. Of course you can sue them, you can sue anyone for anything, but you will always lose if you fought the arrest because you showed the officer a piece of paper. Like I said, I am glad to see the new law, everyone should be able to protect his or her self, but it’s just plain bad advice to have the public throwing a piece of paper in an officer’s face in the middle of an arrest.
February 1st, 2010 at 10:13 am
this is excellent, but I’d recommend carrying an empty small to medium DA revolver with a couple of speed loaders. Quick to load, and about as completely reliable as possible. The auto is good too if you are fully trained with it.
February 3rd, 2010 at 10:40 pm
@ Bob — Great points. Thanks for sharing your insight as a police officer.
February 5th, 2010 at 9:40 pm
If you readers would go to our blog: http://www.disabledcops.blogspot.com/
Please read the denial letter from the Police Pension Board for not being allowed to carry and conceal. It makes no sense. Disabled Chicago police can carry the day they retire even though nothing about their disability has changed and we reached the age of 63. Let me know what you think? Thanks.
February 9th, 2010 at 7:17 am
This is a good start to a concealed carry law. Lets all carry them in the fanny packs the way they want them and be safe with them. Hopefully they see this helps the crime rate and then will pass a full concealed carry law.
February 11th, 2010 at 2:12 am
I’m a licensed peace officer in Texas and I plan on moving to Illinois. I must say the concealed carry. License is bs a gun doesn’t do you any good if it is unloaded. Illinois needs to do something. Y’all need to raise hell about that law and remember the second amendment has been protecting the first since 1776. Hell a Texas resident doesn’t even need a permit to carry a loaded gun in the car because it is considered an extension of your home
February 13th, 2010 at 3:05 pm
We need 10,000 siguatures by end of November. Please sign and pass around to family and friends of all LEO’s in Illinois.
http://www.gopetition.com/petitions/allow-disabled-illinois-police-officers-to-carry-their-firearms/sign.html
March 10th, 2010 at 4:20 pm
I attended the IGOLD march today in Springfield and it was wonderful to spend time with so many same-minded supporters for our 2nd ammendment rights. When Otis McDonald came up to speak the standing ovations were incredible. I noticed the lack of Chicago-citizens in the crowd though (at least where I was sitting) and when I began asking fellow advocates about it, it seems that so many state-wide supporters consider us Chicagoans the “forgotten cousins” and the cause for much trouble.
I’m proud to work in Chicago and to have been raised on the south side, not far from Mr. McDonald. I don’t support much of the Chicago political system that is driven by coruption and inner circle bonds that outweigh the obligations of elected officials to their constituants. WE THE PEOPLE voted some of those officials in and only through the power of the vote can we make change.
There are some Chicago politicians worthy of my vote, though, and there are a lot of constituants that have similar views to mine. Not everyone from Chicago is evil or corrupt. [Jeff, I hope you know that after our conversatoin on the way to the capitol today!]
If they don’t support our 2nd Ammendment rights, they won’t get my vote, and if they support CCW they will have my vote and my involvement.
Thank you Otis McDonald for all you’ve done! We’re all behind you!