Illinois Update

[call me al]

A few months ago a gentleman traveling to Illinois to purchase a new truck asked how he could legally carry his handgun into Illinois without being arrested. I believe he was from Indiana and was in possession of an Indiana C.C. permit As a retired police officer I advised him how to do this. The thread eventually got hijacked with various experts chipping in. It served no purpose to respond to those few.

Today the Illinois Supreme Court ruled unanimously that individuals permitted to carry in other states may transport into Illinois and do not need an Illinois FOID card to do so, AND; THE ARMREST IN THE VEHICLE SERVES AS A CASE, for everyone transporting a weapon. As was their decision in Diggins v. Il. earlier



Illinoisans will win back their right to concealed court through the courts, not the legislature. This is an early step. And please know, despite what you hear through the media that the vast majority of law enforcement officers, both current and retired, believe that citizens of Illinois deserve the right to concealed carry.

[dnielson]

As an Illinoisian who is following the carry bill relatively closely, thank you for the update. It appears there is a bit more hope this year than in recent years. As those Cubs fans on the north side say every year - This could be the one (note - I feel bad for Cubs fans)!

[walnutred]

I take it this means transport, not carry. So if I'm traveling from Ohio to Missouri I carry in Ohio and Indiana. Stop before I enter Ill, unload the pistol, put the ammo in the trunk and the pistol in the console. This makes me legal until I hit Missouri when I can stop and re-arm?

Or does this mean I can just leave the loaded pistol in my armrest?

[dnielson]

Yes, I believe this does refer only to transport - but at the same time any progress is positive in my mind.

[walnutred]

Hey, It's a step in the right direction anyway.

[vytoland]

we SHALL overcome!!!

[Fountain]

Originally Posted by call me al

A few months ago a gentleman traveling to Illinois to purchase a new truck asked how he could legally carry his handgun into Illinois without being arrested. I believe he was from Indiana and was in possession of an Indiana C.C. permit As a retired police officer I advised him how to do this. The thread eventually got hijacked with various experts chipping in. It served no purpose to respond to those few.

Today the Illinois Supreme Court ruled unanimously that individuals permitted to carry in other states may transport into Illinois and do not need an Illinois FOID card to do so, AND; THE ARMREST IN THE VEHICLE SERVES AS A CASE, for everyone transporting a weapon. As was their decision in Diggins v. Il. earlier

If I read this correctly, this is good news for me. I live in Florida (have CCW license), and my son and his wife live in a northern suburb of Chicago. I have refused to drive unarmed, thru a bunch of states, to visit him. If my gun is in a pistol case, can I stay in a motel in Illinois for a couple days without getting into trouble.

Do you have a reference that would link me to the decision.

Thanx a bunch.

[ispcapt]

The ruling really doesn't change anything. For many years the IL AG and the ISP has said out of staters don't need an IL FOID. With few exceptions they couldn't even get a FOID because it wasn't needed. This case resulted from one state's attorney who didn't pay attention to past rulings, opinions, and the statute so nothing has really changed except, hopefully, that the one state's attorney learned a lesson.
As far as the console being considered a case ruling, the ruling only applies to the unlawful use of weapon statute. That, too, has been pretty much universal with most states attorneys that any container fit within the UUW statute. HOWEVER, what doesn't change is 2.33(n) still requires a firearm to be in a specifically designed case which is defined by statute. Both Diggins and the most recent only apply to the UUW statute which was the only issue before the court. 2.33(n) still applies. Those are 2 separate distinct statutes, each which may apply.
So what does that mean? UUW is a criminal cite, whereas 2.33(n) is a cite similar to a traffic citation. However, unlike a traffic citation where a person gets the ticket and goes on their way, an uncased gun in 2.33(n) still needs to be in a case before the person is allowed to proceed. What does that mean to the person who doesn't have a case? If you don't have a case as defined by the 2.33(n) statute then you don't go on your way with the gun. It will be held until you can return with a legal case. The fine is rather minimal, $125, but the aggravation can be a lot more than just monetary. If you're from out of state the travel back with a legal case to get your gun can be a royal PITA. Easiest way is to stop by the local Wally World and pick up an cheap case.

[Fountain]

Originally Posted by ispcapt

<snip> HOWEVER, what doesn't change is 2.33(n) still requires a firearm to be in a specifically designed case which is defined by statute. <snip> Easiest way is to stop by the local Wally World and pick up an cheap case.

I've searched the statutes as best I can. I even found 2.33(n), I think. It didn't have anything to say about a gun case. Will you please outline the requirements for this, "specifically designed case"?

Thanx a bunch,

[ispcapt]

Originally Posted by Fountain

I've searched the statutes as best I can. I even found 2.33(n), I think. It didn't have anything to say about a gun case. Will you please outline the requirements for this, "specifically designed case"?
Thanx a bunch,

The easiest place to find the definition is here, about 2/3 way down on the page:
Firearm Owner's Frequently Asked Questions

2.33(n) is the statute that requires the firearm to be in a case. The definitions are listed at the beginning of the statute.
520 ILCS 5/1.2b‑1
Sec. 1.2b‑1. Case. Case means a container specifically designed for the purpose of housing a gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped, snapped, buckled, tied or otherwise fastened with no portion of the gun or bow and arrow device exposed.

The Unlawful Use of a Weapon statute is not as specific in its definition of a case. That statute only states "enclosed in a case, firearm carrying box, shipping box, or other container".
As you can see there's a big difference between the 2 statutes with they way they addressed case.
The UUW statute was the only statute before the court which ruled the console of a vehicle meets the statutory definition of "other container". The rulings did nothing to alter 2.33(n) since 2.33(n) was not charged and was not before the court to decide.

And before someone says "2.33(n) doesn't apply because it's in the Wildlife Code" - it doesn't matter. That's why IL statutes are entitled "IL Compiled Statutes". All statutes apply unless specifically worded in a given statute. 2.33(n) has no such exemption.
The difference between the UUW and 2.33(n) is UUW is a criminal charge where 2.33(n) is a non-criminal cite. Much less penalty and repercussion with a 2.33(n) violation.

[Fountain]

Thank you, vytoland,

I have a Pachmayr pistol case (have had it forty years). I have long-lost the key, and can't lock it.

Do you think this qualifies as an "specifically designed case", even tho' I can't lock it?

Thank you again,

P.S. It just occurred to me that this is a lot of trouble, simply to visit my son in a "gun-unfriendly" state.

[ispcapt]

Originally Posted by Fountain

I have a Pachmayr pistol case (have had it forty years). I have long-lost the key, and can't lock it.
Do you think this qualifies as an "specifically designed case", even tho' I can't lock it?

It doesn't need to have a lock. The case just needs some method of closure, ie, zipper, snap, buckle, tie, velcro, etc. IL law does not require the case to be locked.

[Fountain]

Originally Posted by ispcapt

It doesn't need to have a lock. The case just needs some method of closure, ie, zipper, snap, buckle, tie, velcro, etc. IL law does not require the case to be locked.

Bingo!!!

Now, maybe, I'll visit my son.

Thanx a bunch!

[Badkarma 1]

Sooner or later we'll get the right carry here. Patience and staying active with the local polliticans is necessary! We must stay the course! Dale