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07-17-2018, 09:33 AM
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Is there a legal way?
I am leaving soon on an emergency driving trip to visit a very ill Sister in law. I am permitted by every state that I will be travelling through with the exception of Minnesota and Illinois. Is it possible to transport (not carry) in these states if it is unloaded and separated from ammunition in the trunk?
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07-17-2018, 09:39 AM
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18 USC § 926A Peaceable Journey says that as long as you are legal where you start and where you finish you have the right to a Peaceable Journey across State lines with your unloaded firearm as long as it is not readily accessible
As long as you are traveling through those States and not stopping there you will be just fine in the trunk
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07-17-2018, 09:46 AM
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Thank you for the reply. Does that mean no stopping for gas?
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07-17-2018, 09:54 AM
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No over night stays.
A stay would make that State a "destination"
If you are still worried, print this out and keep a copy in the car with you
https://www.gpo.gov/fdsys/pkg/USCODE...44-sec926A.pdf
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07-17-2018, 09:59 AM
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Below is the code. If you need further interpretation I would suggest asking an attorney.
18 USC 926A - Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
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07-17-2018, 10:01 AM
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The law is whatever the local prosecutor says it is. When it comes to firearms, many city and state jurisdictions completely ignore federal statutes and will enforce their own firearms laws with arrest and prosecution.
Travel wisely my friends.
"CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney."
"***Notwithstanding any state or local law***, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered."
" Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. All travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions’ official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it."
NRA-ILA | Guide To The Interstate Transportation Of Firearms
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07-17-2018, 10:07 AM
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IL gun laws are not as onerous as the internet folklore make them out to be.
For IL -
If you have a valid CCW from your home state then you can have your loaded CCW in your vehicle. If you get out of your vehicle you CCW must be secured in the vehicle. Applicable section posted below.
If you do not have a CCW from your home state then your firearm must be unloaded and in a case. Ammo can be in the same case as the firearm but ammo does not have to be in a case. Magazines can be loaded but not inserted in the firearm.
430 ILCS 66/40(e)
(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
(1) is not prohibited from owning or possessing a firearm under federal law;
(2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and
(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.
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07-17-2018, 10:10 AM
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Scorpion has the best response I'm seeing in this thread.
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07-17-2018, 11:04 AM
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Thank you all for the information.
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07-17-2018, 11:17 AM
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Illinois is not the evil place you hear about. (I can't speak for Cook County). If you're peaceable you shouldn't have any problems.
Without an Illinois permit you should be ok with a semiauto in the passenger compartment, in a pistol rug, without a magazine in the well. Have the loaded mag away from the gun.
It used to be called "Illinois Carry".
Last edited by max503; 07-17-2018 at 11:19 AM.
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07-17-2018, 11:29 AM
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It's good that you're asking, but make sure you follow up by checking the laws of the states you are passing through.
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07-17-2018, 09:30 PM
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Main thing is don't get in a hurry as much as you would like to be by your sisters side as soon as possible .. follow the speed laws and be sure to use your turn signal any time turning ..
If pulled over in Illinois the officer will say are there any weapons in the vehicle within the first few words out of his/her mouth ..
Prayers for your sister !!
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07-17-2018, 11:12 PM
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carefully obey all traffic laws and don't get stopped!!
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07-18-2018, 10:41 AM
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^ Yup.
1) Don't get stopped.
2) If in a state where you need to have the gun off of you, have it unloaded, locked in a case, and in the trunk.
3) The travel behavior of a person in your circumstances will be similar to a drug courier, and you may get looked at more closely if you do get stopped. Due to our stupid pot laws, and the horrible dereliction of the state regulators and AGO here, Washington is now considered a source state. If you are, the reality of the need to check on an ill family member is the "truth that will set you free".
4) It is also, an additional good reason to refuse any request for consent to search. One should never ever consent to a search anyway - if you do, please send me a check for the time and expenses, and I will assist you in the slap therapy and R. Lee Ermey verbal correction remediation program until you have a better grasp on reality.
5) I travel with guns all the time. I did before LEOSA. I never has a single problem, even when I stupidly got myself stopped.
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07-20-2018, 03:19 PM
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In the words of Douglas Adams, "Don't Panic!"
You're a normal person, not a criminal. The chances of you being stopped are very low as long as you don't drive crazy. The chances of your car being searched are even lower.
Keep the gun unloaded and in a locked container, in the trunk.
Should you get pulled over, act like a normal person.
Don't get diarrhea of the mouth. Just answer the questions you're asked.
You'll be fine.
Alternatively, don't drive through those states.
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07-20-2018, 04:10 PM
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I am surprised to see that Illinois does at least have reasonable laws on its books concerning firearms.
Quote:
Thank you for the reply. Does that mean no stopping for gas?
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I seem to recall that in New Jersey that would be a problem. Illinois might have a saner approach if the notes above are correct. I don't see anyone adding anything in re Minnesota. So I looked it up:
Quote:
97B.045 TRANSPORTATION OF FIREARMS.
Subdivision 1.Restrictions.
A person may not transport a firearm in a motor vehicle unless the firearm is:
(1) unloaded and in a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed;
(2) unloaded and in the closed trunk of a motor vehicle; or
(3) a handgun carried in compliance with sections 624.714 and 624.715.
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07-20-2018, 05:09 PM
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Like ispcapt said...I’m passing through Illinois right now heading South. We stopped once for snacks and gas, but no overnight stay in this State. Kentucky will get our money. We had lunch near Madison WI and will eat dinner in Kentucky.
Last edited by Czechvar; 07-20-2018 at 05:15 PM.
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