Need Confirmation on Illinois Law

Discussion in 'Carry Issues' started by unit1069, Oct 13, 2018.

  1. unit1069

    unit1069

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    I work for a company located in another state that sends people to and through the State of Illinois. I have to date never carried a pistol while working but some employees do. Our home state is to the south of Illinois but at times we're sent into Illinois, either as a destination or through that state to another location --- often places none of us have ever been. To describe some of these locations --- like East St. Louis or Chicago --- as dicey is an understatement.

    Those who do CCW hold valid licenses in the state we live, as I do also, and as far as I know none of them has ever been stopped or questioned in any state. To my knowledge the company has no written prohibition of employees legally carrying concealed handguns, although I intend to confirm this before ever deciding to CCW on company time.


    View: https://www.youtube.com/watch?v=xmqF7lUxHUk


    I hope someone can answer this question or at least direct me to an authoritative source, short of calling the Illinois State Police (which I may do anyway). We travel to and through Illinois in company vehicles and return in company vehicles. Question: Would these vehicles be legally considered "our cars" as if they were our own? The trips are strictly business and we never stay overnight no matter where we're sent.

    Neighboring states --- Nebraska, Iowa, Kansas, Missouri, Oklahoma, Texas, Arkansas, Indiana, Kentucky, Tennessee, and Louisiana no problem. Illinois is the big headache and on more that a few occasions both male and female employees have had to stop before crossing into Illinois to put their encased revolvers and pistols into the back of their vehicles.

    Just hoping someone has a definitive answer to this question.
     
  2. heavyduty

    heavyduty

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  3. 'Ol Grandad

    'Ol Grandad Director of civil unrest

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  4. JK-linux

    JK-linux

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    In Illinois "your car" would be any vehicle you are in control of or otherwise have constructive possession of. The police don't care whose gun it is (driver or passenger or someone not physically present who left the gun in the vehicle), just whether the gun is stored in compliance with the law in the vehicle. They also don't care who holds the title/lien/etc on the vehicle either, just whether the gun is stored in compliance with the law in the vehicle.
     
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  5. unit1069

    unit1069

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    To clarify my original post: The video I linked indicates that an out-state traveler holding a valid CCW license in his/her state of residence is allowed to "carry" in Illinois and does not need to store the loaded gun in the vehicle but rather has the right to carry the loaded weapon on his/her body.

    I'm hoping this is a correct interpretation of Illinois law.
     
  6. isp2605

    isp2605

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    You called?
    For IL, as long as you have a valid CCW from your home state then you can have your CCW weapon, loaded, anywhere in your vehicle and on your person while in the vehicle. If you leave your vehicle the weapon must be secured in the vehicle.
    Can't carry on your person outside of your vehicle with an out of state permit. IL has a non-resident permit but very few states meet the requirements so few non-residents would be able to get a non-resident IL permit. That requirement changes depending on the specific state so I can't answer that question. I haven't kept up with what states qualify.

    430 ILCS 66/40
    (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.

    Who actually owns the vehicle does not matter (as long as it's not stolen :D.)
     
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  7. powernoodle

    powernoodle

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    I traveled to Chicago this summer from out of state, and read the law as allowing a concealed weapon in the vehicle, but disallowing me from carrying it outside the vehicle and on my person. I have a foreign concealed deadly weapons license.

    Note that this was Chicago, which may have more restrictive laws than Illinois.

    I would guess that ownership of the vehicle is not relevant.

    This is not legal advice.
     
  8. GP4L

    GP4L

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    This^^ I made it bold, because it's a perfect explanation.

    Arkansas, Texas, Mississippi, and Virginia residents that already have a CCL from their home state can apply for the IL non-resident CCL.

    You are right regarding who owns the vehicle being irrelevant - as long as it's not stolen or anything like that.

    The IL FCCA of 2014 (the "Illinois concealed carry law") voided all local ordinances regarding "handguns" - every "handgun" law is preempted to the State for anybody lawfully able to own a firearm. So the law you read applies to the entire state.

    Worth noting that Chicago politicians were very upset when the FCCA became law. Whenever Chicago politicians are upset over a law - it's a VERY good thing :D
     
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  9. unit1069

    unit1069

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    Thanks so much (and to a few other GT members) for this valuable information.

    Now if I may ask one more question: We often leave the company vehicle at our destination and return is a different company vehicle. In Illinois what is the legal way to transition to the return vehicle while in possession of a handgun?
     
  10. TheDreadnought

    TheDreadnought

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    Unloaded and encased.
     
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  11. unit1069

    unit1069

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    Thanks.

    Does the case have to be locked? Does the magazine also have to be unloaded if it's not inserted into the pistol? Also, can I carry a loaded magazine in a pocket with the gun enclosed in a case?

    I'm not trying to string this thread along but just want to be clear about Illinois law. It's almost to the point where I think it's too much of a hassle, but then I recall the times a GPS took me and other employees through some areas we really felt tense. And even if I decide it's too much of a hassle at least I can impart what I learn here to others for their benefit.
     
    Last edited: Oct 14, 2018
  12. TheDreadnought

    TheDreadnought

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    Honestly, as an IL resident I would tell you to go with your gut. It’s too much hassle. IL works really hard to make it difficult for residents to carry, let alone out of staters.

    Just the carry legalities are tough if you’re not a resident. God help you if you actually had to use it to defend yourself. They’d string you up by your thumbs.
     
  13. unit1069

    unit1069

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    That's what I'm thinking also.

    Thanks again to you and the others for your help.
     
  14. GP4L

    GP4L

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    Case doesn't have to "lock" - no requirements for a physical lock and key or combination type lock. It just has to "encase" the firearm. Charged magazines are perfectly fine and can be in the case WITH the gun, just not IN the gun. You case can be soft or hard - zipper or latch, whatever. As long as it's containing the firearm, it's a case.

    The vehicles's center console, or glove box also qualifies as a "case" according to IL law. This is how IL gun owners got by with handguns, almost ready to be used for defensive purpose in vehicles, prior to 2014.

    So, prior to exiting your vehicle - remove magazine - clear the chamber - place gun and magazine in "case" - "close" your "case" - move encased and unloaded firearm to new vehicle. Do it just like that, and you are perfectly complying with Illinois "transport" laws for people not in possession of an Illinois Concealed Carry License.

    Now, if you're changing vehicles on private property - do whatever the property owner allows.
     
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  15. unit1069

    unit1069

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    Well now, I'm feeling better about things already.

    I have a soft pistol case with zipper that can hold both the gun and magazine. I suppose to be on the safe side I can unload the magazine and put the rounds in the case also.

    I'll be on company property if and when I transition to another vehicle so no problem. And for good measure I can fit the case into a Wal-Mart plastic bag that holds whatever food items I take on a run into or through Illinois.

    Thanks for the heads-up on this question.