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 2:49 pm
I just stumbled on to this, as I have a MO CCW, but go thru long length of Il to get to our place in MI. Thru IN..all recognize MO ccw but IL, at least they have gotten further along than I knew. Keep pushing until victory. If MO could do it, Il can too. Keep safe !
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
February 15th, 2010 at 6:44 am
I would like to know if i live in Texas and i am on vacation and traveling to Chicago Ill can i travel with my hand gun….
February 18th, 2010 at 1:39 am
you are 100% wrong about carring in a fanny pack with ammo at the ready. in illinios the ammo has to be out of reach and in aonther container. you are going to get some one charged with a felony
February 18th, 2010 at 1:42 am
the carring case has to be in plain sight. not in a fanny pack. in ill you do that along with ammo in that fanny pack and you just commed a felony concealed carry
February 18th, 2010 at 1:44 am
read up on the laws and if there is a gray area can you afford the lawyer fees and time off work and chance loseing the foid card
February 18th, 2010 at 3:04 pm
Is an unloaded firearm with mag + foid card inside a backpack compartment = to a valid fanny pack law?
I see no real difference. Or do you need an actual round the waist fanny pack?
February 28th, 2010 at 11:40 am
I have a Florida concealed weapons permitand am a resident of the state of Florida. I will be traveling by car this summer from Florida to Missouri. Illinois is the only state I will go through that is not permitted on my list of states. I want to be sure I read everything correctly and will I be able to bring it with me. There will be 5 women in the car and it will be for safety only. Can you kindly let me know exactly what I can do if anything. Thank you.
Barbara Zimmerman
February 28th, 2010 at 2:16 pm
If you want to help change the antiquated laws in Illinois and bring Illinois into the 21st Century please join the fight and help is.
Visit illinoiscarry.com and find out how you can help.
March 4th, 2010 at 4:31 pm
I would agree with the Law Officers from Des Plaines and Palatine that the intent of the law was a storage container used to transport weapons. There is a big difference in the right to “concealed carry” and the intent of the Illinois law for transporting weapons to and from gun stores, gun ranges or hunting sites. Concealed carry laws understand that a person will have a weapon in a holster or other holster-type holder.
As for containers:
CASE: there are soft firearm cases to store and protect weapons.
Firearm carrying box: there are hard plastic gun cases made for storing and transporting weapons to protect them from the elements.
Shipping box: weapons are shipped on cardboard boxes via FEDEX.
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!
March 11th, 2010 at 7:07 pm
Like Art, I too was in attendance at IGOLD, marching alongside my fellow Illinoisan patriots, chanting “Conceal Carry Now!” We must work together fellow gun owners…we must support the good legislators who properly represent us with our votes in November and punish those who do not by voting them out. Let’s elect Senator’s Bill Brady and Dan Rutherford, to name a few and make sure that all of the great legislators are re-elected. There has never been a better time than now to make a difference in Illinois; there has never been a better time to act! IGOLD was a great success…let’s carry that momentum into November and take back what belongs to us; our right to Keep and Bear Arms at all times which means conceal carry. Illinoisans have the same right as any other American citizen to protect themselves; at home and outside the home. Let’s make sure Springfield gets the message…make sure and VOTE!
March 14th, 2010 at 12:09 am
thanks for the information it helps keep everything fair like it should be as a citizen of chicago ilinois bless concealed carry.
March 14th, 2010 at 12:38 am
as a part time armed security guard and the father of a sherif i am hoping and praying thate ccw become a reality in chicago. it will keep everything fair and even. also we should exercise and support our 2nd ammendment rights is very importent because if they are tampering with your 2nd ammendment rights whate other rights will be next this is coming from a concerned brother in chicago? and i hope other brothers get this message pay attn please pay attn.
March 15th, 2010 at 1:41 am
dear sir
good aricle.at least we have some rights.you got to start somewhere.we got the foot in the door anyway.i hope dccw comes to il.,before to long.sencerely ron
ps i thank all you police officers for standing uo for us.
March 17th, 2010 at 11:28 am
so let me get this straight you can carry as long as the gun is cased and ammo is seprate? how is that going to help when if you find yourself in a situation where you need it but you have to uncase it and then load the magazine… i dont think the bad guy will give you time to do that. help me better understand this law?
March 18th, 2010 at 8:53 pm
What about revolvers. how would you carry bullets for revolvers. This is a good thing.
March 18th, 2010 at 8:54 pm
Kyle, you can always fake it. Like the gun is loaded. God forbid you don’t have to do that.
March 19th, 2010 at 8:44 am
Has anybody been stopped by law enforcement in Cook County (not in Chicago) while doing this? Just wondering how supportive our LE friends are to our rights in this county.
March 21st, 2010 at 1:33 pm
Yea – the firearm will make a great paperweight in a car-jacking incident. Excuse me thug – I need to get my mag out to make the gun hot – give me just a sec to load please. RIGHT ! ! ! In Florida – we have some pretty liberal policies regarding CCW. Look at the UK – with the ability to bear arms taken away – they have an 800% surge in violence. Let’s fight to make sure the 2nd stays health and in force from the stinking liberals.
March 24th, 2010 at 12:48 am
Hi Everybody. I have been fed up with the STUPID ILLINOIS LAWS for a long time now. It is dumb that all the other States allow concealed carry except Illinois. Can they not learn to get on the same page, DUH crime will not go up when they pass it, It could only go down. All of the illegal people carry, why not the legal ones. I am So Fed Up That I Am Actually Moving Away Because Of The Laws..HE HE.. These Stupid Fools, I will never Pay Another Tax Dollar To The State Of Illinois… F*** Them ALL…
March 25th, 2010 at 3:41 pm
Kyle,
The ammo does not have to be seperate. You can carry a firearm in the “container” i.e. fanny pack with a loaded mag right next to it all enclosed in the case. It takes about 6 seconds to get to safety. While that pails in comparison to shall issue ccw, 6 seconds is better than completely unarmed.
FYI we do have HB 6249 Family And Personal Protection Act in the IL House right now. It’s on 2nd reading. We hope to push it through 3rd reading for a vote in the veto session this fall, depending on the scrutiny we get in McDonald
March 26th, 2010 at 9:50 pm
Thanks for this info but my question would be, what happens when you need to use it!? I understand it’s better to still be alive! But there certainly is no mention on the books of being able to take it out and protect yourself with it. It would seem to me that you’d be in court the rest of your life. Still, better than not having it on you. This info is very helpful.
I hope we can get a formal carry law passed in Illinois soon. It’s long overdue.
March 30th, 2010 at 4:23 pm
Is a holster considered a case? So I can carry a unloaded hand gun on me, as long as it is unloaded, and in a holster, and the clip is in my pocket?
Thank you
April 6th, 2010 at 10:53 pm
I am going to be a student at the U of Chicago and am also an Iraq Veteran. I hear hyde park isn’t the safest place and definitely want to be able to carry my handgun on my person. I hope this is all true so that I may protect myself if needed. Also, does anyone know of military special cases?
April 7th, 2010 at 9:22 am
I just called around Chicago and it appears as though this doesn’t apply for the city of Chicago
April 19th, 2010 at 7:58 am
I think the weak link in the recommendation above is the use of a “concealed carry fanny pack” as an acceptable case for transport. Is there any case law to support it? OK, it’s not a holster, and the weapon isn’t loaded, but it’s on your person and concealed. I can’t believe it’s going to fly.
April 19th, 2010 at 8:03 pm
While this may be step foward any law restricting the use of a firearm in any way is unconnstitutional. “Infringed” is a stong word.
April 24th, 2010 at 12:46 am
it could raise tension between people, especially stupid drunk people, that are legal owners by the way, or it would make it easier for serious harm being done in non leathal situations by being able to just reach and bam theres your gun rather then being tucked away, but on the flip side thugs would think twice bout car jackin or robbin you if they knew you had a gun or you could help someone else out until back up arrives…
May 3rd, 2010 at 7:31 am
If you want more information: cases that have dealt with this, container reviews, etc… just head over to http://www.icarry.org
You can never frequent too many firearms websites!
Phil – I wouldn’t use a holster as a case. It must be fully encased. You could modify the holster to fully encase the firearm (think old WWII holsters with top flap) but the holster is going to draw a LOT of attention, and you probably don’t want that.
May 4th, 2010 at 3:13 pm
Hmm…what about out-of-staters? I found this little tidbit:
(430 ILCS 65/2) (from Ch. 38, par. 83‑2)
Sec. 2. Firearm Owner’s Identification Card required; exceptions.
…
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
…
(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;
Seems like non-residents can also case-carry w/out needing a FOID (which they can’t obtain). Now, if driving through Illinois, I will simply switch my carry mode to IL legal case-carry (I have a CCDW from KY)…nice website!
May 5th, 2010 at 3:15 pm
[...] that the carrying case is the size of your hand, so you many not need a large purse after all. Linky [...]
May 9th, 2010 at 9:30 am
I will follow the laws of the state and will certainly avail myself of them as well.
I look forward to the McDonald v. City of Chicago being opined upon by our fair minded justices in SCOTUS.
They often are overlooked by many in our country and yet it is their job alone to rule on whether or not a law violates the constitutional right of U.S. citizens.
They have already heard the case and we are simply awaiting the ruling, Mayor Daley, et. al. should be dragged off in chains.
Whether it be the due process or privileges and immunities argument that prevails there is one thing that is certain, that Illinois will have concealed carry, Chicago must allow the possession of a handgun and that the bill of rights cannot and will not be abridged.
May 10th, 2010 at 9:01 am
I have a CCW in Missouri and have family in Illinois. Not once have I discharged my pistol during these trips but feel much safer if the bad guy’s approach me. I have available something to equalize the threat. Even in Branson there have been women attempt to rob visitors, Illinois should consider down state and more remote areas to have available CCW and Not to have the ammo separate from the hand gun. Having the pistol and CCW, being legal in Missouri, allow me to protect my family.
May 13th, 2010 at 2:57 pm
I will be traveling through Illinois in a few days and stumbled across this page. I am a long time CCW/CPL holder from the state of MI. As there seems to be a debate of what is law and assumption: I placed a call the Governors (IL) office and was referred to the Illinois State Police 1(217)782-7263. The very pleasant and helpful trooper informed me that, as we all know, Illinois does not recognize my home states CPL. He went on to inform me on how a handgun should be transported through his state. And I quote “All handguns can not be anywhere on your person and must be secured in some form of gun case out or reach (in the truck is best) unloaded or broken down: loaded magazines, speed loaders, and or ammunition does not have to be stored in a separate container but can not be in the firearm: do not assume that unloaded means no live round in the camber: unloaded means not rounds in the firearm at all: also it is best that you have your issuing states CCW/CPL and registration ( proof of ownership )on you: also this does not apply for the city of Chicago as it has different ordinances than the rest of the state”.
May 13th, 2010 at 10:26 pm
So Chicago just had 4000 Guns turned in by People that do not have FOID cards why were thay not all arrested while leavimg there homes to turn t5he guns in?
May 17th, 2010 at 8:41 am
D.Benson, If you have a FOID card in Illinois the handgun may indeed be on your person. It does not need to be out of reach only unloaded and encased and a magazine or speed loader may be in the same case. The NRA lobbyist for Illinois says that this is also permissable for non-residents without a FOID card since the state of Illinois doesn’t issue FOID cards to non-residents. You would need to be 21. This might be something as a non-resident you might very well need to fight in court.
The Illinois State Police has a brochure Transport Your Gun Legally at their website http://www.state.il.us/isp That brochure does say that you should have the firearm not immediately accessible.
Mike Oury, The City of Chicago chooses when and when not to enforce the regulations for having a FOID card. They permit people to break the law when they want to.
May 17th, 2010 at 1:24 pm
i applied for a fiod card a whilww back my son got his today, i also did one for me havent gotten that yet. was wanting to know if i had to have a foid card to buy him shells for trap shooting? hes 14.
May 18th, 2010 at 7:14 pm
Very simple. The Supreme Court will soon decide that we the people have a right to possess and carry a weapon, based on their previous decision in D.C. Illinois and Chicago has been violating our Constitutional Right’s for decades to own and carry a gun.
May 21st, 2010 at 2:52 pm
I’m glad I live in Florida, where it’s relatively simple to obtain a CCW. Now, I only go where my gun is welcome.
June 17th, 2010 at 5:55 pm
All it is with great regreat to post this. Container/fanny pack carry in Ill. is not legal. Per the Il. state police all gray areas of the law are at the interpitation of each office you inconter. It is the position of the Il. State police that a fanny pack etc. is open carry and illegal. The cases sited here and in numerous other web sites did not rule the Il. laws unconstitutioal, they simply dismised the charges. This would help you when you finnaly get to court, but in no way does it change the law. The exceptions that are quated over and over do not apply because you already broke the law by open carring. Finnaly the magazine is part of the gun and can not be loaded. Ammo in the case yes, loaded mag no. Do I think this is bull shit, YES. Please be an activist, attend protest be vocal and remimber no ccw no vote.
June 28th, 2010 at 7:12 am
Simple questions: With Budget Cuts happening in Law Enforcement, how the hell can anyone EXCEPT ourselves, protect ourselves? Illinois needs to wake up.
June 28th, 2010 at 11:52 am
If I feel it is necessary to draw a weapon it may be that I load it so quickly…no one saw it happen. I’d rather have it and not need it than the other way around.
June 28th, 2010 at 9:21 pm
I’m an IL resident, and I believe in concealed-carry with limitations; I think anyone intoxicated or in an establishment that serves alcohol should either leave their sidearms at home or check them at the door. I’m also an Army veteran who believes in the 2nd Ammendment with all of my heart. Criminals obviously carry and use concealed weapons so why can’t law-abiding citizens do the same? There simply aren’t enough officers out there to protect all of us (and I’m qualified expert in more weapons than most S.W.A.T. teams). All of this aside, I need an police officer’s opinion. In Illinois, it is legal for a person to carry a weapon on his/her property and in his/her abode. If I’m out on my driveway with my holstered sidearm (magazine-loaded, but unchambered), am I ok? I live in an affluent neighborhood as of now, but even if I didn’t, if I’m CLEARLY carrying a weapon in a holster (not in my boxers under a pair of jeans hanging down on my knees), should I be concerned that an officer will rapidly exit his vehicle and immediately draw down on me? I fully welcome an officer to stop and check to see if my FOID card is valid and current. Thoughts and comments from officers around our nation are welcomed.
Thanks for reading,
CJA
June 30th, 2010 at 3:27 pm
If you read the Brunner case carefully, even though the transportation, carrying, or possession exemption clause saved her from a class A felony, she still received a misdemeanor for fanny packing into a court house. She’s still in violation of 720 ILCS 21-6a, which prohibits carrying a firearm, loaded or unloaded unto a public funded land (which a courthouse is), without prior approval from the highest security officer of that land (so in this case the head sherriff of that courthouse). So even when fanny packing, be careful to avoid publicly funded lands like courthouses and parks, because the posession exemption does not protect you on publicly funded lands, unless you have permission from the police first.
Also, someone raised the issue of a federal conceal and carry license. Unfortunately, that won’t happen in the near future. The U.S. Supreme Court has decided that any state laws prohibiting conceal and carry does not infringe upon the 2nd amendment, although curiously, they rightly opined that laws preventing owning handguns is a violation, because your right to a handgun is a key factor to your right of self defense, which is a fundamental right. This right, which is exercised in federal enclaves is imputed upon the states via the 14th Amendment due process clause.
The right to self defense is a fundamental right, but you can only effectively defend yourself if you have access to a weapon at all times. So allowing prohibitions against conceal and carry really does enfringe on your fundamental right to defend yourself, and thus is an erosion of our fundamental right to self defense. I hope the Supreme Court Justices feel the same way, but they don’t.
July 1st, 2010 at 8:27 am
There however, is a federal statute out there. In 2004, the U.S. Congress enacted the Law Enforcement Officers Safety Act, which allowed two classes of persons – the “qualified law enforcement officer” and the “qualified retired law enforcement officer” – to carry a concealed firearm in any jurisdiction in the U.S., regardless of any state or local law to the contrary, with certain exceptions. 18 U.S. C. 926B – C.
But this only applies to active or retired law enforcement officers, and only if they qualify, and still exceptions exist.
July 1st, 2010 at 8:35 am
The opinion in the Brunner case does not state that carrying an unloaded firearm in a sealed container (i.e., fanny packing, if you will) is open carry, and they looked to the legislative debate on this then bill when making this decision. The legislators questioned the bill before its passing, asking if residence could, under the color of this law, legally carry an unloaded firearm in a sealed container while walking about in the city. The response was yes. The court, based on this legislative history, ruled that the fanny packing exemption does not constitute open carry, because it was clearly intended by the legislators as not effecting an open carry. So far, there has been negative references to the Brunner case, but it has not yet been overruled.
July 15th, 2010 at 10:48 am
I clicked on the link to get a copy of the letter I should carry to show a police officer what the law is.
I has nothing to do with the law and it is a leter I could have written. I think you may want to change the link to something more suitable. A police officer would scratch his head wondering why I even gave it to him (as he put me in handcuffs).
July 26th, 2010 at 9:41 pm
Forget it! Don’t do it! That’s the bottom line. I know someone that was arrested for pepper spray in Illinois (which is supposed to be “perfectly” legal…hah!). That person was of legal age, and was in a jurisdiction that does not ban it.
The charge of unlawful use of weapons was dismissed, however disorderly conduct and reckless endangerment stuck (she was originally pulled over for not signalling a turn).
That way she couldn’t sue for unlawful arrest.
The cop was in court and had a shit-eating smirk on his face.
“The higher the crime-the higher the fine.”
DON’T DO IT!
ILLINOI$ I$ A FACI$T DICTATOR$HIP!
July 28th, 2010 at 1:21 pm
im all for it but would hard to be stop and end up losing my gun rights.with that said i did make my fanny pack holster an it is better than my friends that he bought his screams out gun as it looks odd. i do carry in the car and when i am out walking as my area has had some poeple assulted and 2 killed one being an old man beat up for $8. and a 17yr old killed for a gameing console.
July 28th, 2010 at 1:22 pm
also does any know of a pro gun lawyer im south of chicago in kankakee county. thx and keep up the fight
August 3rd, 2010 at 11:18 am
Im glad I live in Ohio. Ohio is a “shall issue” state and I got my License to carry (loaded) a few months ago. I carry a loaded .357 revolver on my person when walking and in my glove box of the car when driving. Ohio ia also an “open carry” state where I could have one openly holstered and walk down the street. I do not, however, care to induce any panic from uninformed citizens so I choose to conceal. I love Ohio.
August 10th, 2010 at 9:17 am
The fanny pack exception under state law is erelavint. Il. does not have premtion. As you drive from 1 town to the next and so on you would need to check with each municapality to see if they allow it. This leads to the next issue, no offense to any LEO out there, but they are clueless when it comes to gun laws. Try calling the Springfield Hwy Patrol and talk to 2 or 3 differant officers, you will get completly conflicting information. It will even conflict with what is printed on their web pamplet. Same goes for the Collinsville office. Their all very nice but very uninformed. The only thing the fanny pack is good for is Il. State Parks, but you must make sure you stay on trails and out of hunting areas to avoid violating the Wildlife codes. I suggest we all get out the vote and attend Igold again next year. My sign will read “WE WILL ONLY ASK FOR OUR RIGHTS TO BE HONORED FOR SO LONG.”
August 13th, 2010 at 2:26 pm
You people are wearing me out. Listen to how nervous you all are trying NOT to get arrested in your own state if caught within reach of a firearm. Wise up; either accept that you’re at the mercy of Illinois’s criminals, or move out of that state! I did.