Transport your Firearm Legally in Illinois – Illinois State Police

Transporting your firearm legally in Illinois is sometimes a confusing topic, but it doesn’t have to be. There is much information that makes it easy to comply with the law to transport your firearm legally in Illinois. However the law does treat Illinois residents and non residents differently, so it is also important to know those differences. It is also important to know the legal differences between “Carry” and “Transportation” in Illinois. This article is not to be considered legal advice.

Transporting your Firearm Legally for Illinois Residents

Illinois residents must always have their Firearm Owner Identification (FOID) card or their Illinois Concealed Carry License (CCL) on their person at all times when in possession of firearms and ammunition.

With your FOID, for transport, the firearm must either be..

  • Broken down in a non functioning state, OR
  • Not immediately Accessible, OR
  • Unloaded and enclosed in a case.

The following pamphlet was printed before Illinois allowed carrying of concealed firearms, however does clearly explain how one may transport you firearm legally in Illinois: Transporting-Your-Firearm-Legally-Illinois-State-Police Brochure

For an Illinois resident to carry a firearm, they must have a valid Illinois Concealed Carry License on their person and the firearm must be a hand gun as defined by the Illinois law.

 

Transporting your Firearm Legally for Illinois Non-Residents

The process for an Illinois non-resident to transport their firearm legally in Illinois is similar to that of a resident, however there are also some differences.  The first difference is that the non-resident does not need a FOID card. Infact most non residents aren’t even aware of what a FOID card is. Essentially it is a card that says you have passed a background check, similar to the National Instant Check System (NICS) that anyone who has bought a gun has underwent.  The difference is Illinois residents need this card on their person at all times they are in possession of firearms or ammunition, non residents do not.

For purposes of transportation, the non-resident must adhere to the above described criteria of broken down in a non functioning state, OR not immediately Accessible, OR unloaded and enclosed in a case.

It is important to note that the case does not need to be a separate case for the firearm and the ammunition. It is also important to note that the case(s) need not be locked. There is some mis-information surrounding this topic and I believe that confusion arises when we discuss the federal Firearm Owner Protection Act (FOPA) which states for federal transportation purposes the firearms and ammunition must be in separate locked cases.  Illinois does not have this requirement.

The Illinois Firearm Concealed Carry Licensing Act states:

(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.

 

What about Carrying of a Concealed Firearm in Illinois?

As previously stated, in the eyes of the law transportation and carrying are two separate and distinctly different subjects.  Only hand guns may be carried in Illinois. And Illinois does not allow Open Carry, meaning the firearm is visible to the general public (except on ones own private land, or the land of another with their permission).  Illinois residents must have their concealed carry license on their person at all times when carrying concealed.

However the law is more loose for non-residents. While Illinois does not honor (read: reciprocation) the concealed carry licenses of any other states, and while Illinois only will issue non-resident licenses to 4 other states (See recent changes to non resident eligibility) actually non-residents are able to carry concealed firearms without an Illinois concealed carry license while in their vehicle if they are licensed to carry in their state of residence.

 

Some legal Definitions you need to know when transporting your firearm legally in Illinois.

According to various laws  it is important you understand how certain terms are defined legally in Illinois.

The Illinois Firearm Concealed Carry Licensing (FCCL) Act defines concealed firearm as…

“Concealed firearm” means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

 

The FCCL defines handgun as…

“Handgun” means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand.

The FCCL, however excludes the following items from the definition of handgun…

“Handgun” does not include:
(1) a stun gun or taser;
(2) a machine gun as defined in item (i) of paragraph

(7) of subsection (a) of Section 24-1 of the Criminal Code of 2012;
(3) a short-barreled rifle or shotgun as defined in
item (ii) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012; or
(4) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not exceeding .18 inch in diameter, or which has a maximum muzzle velocity of less than 700 feet per second, or which expels breakable paint balls containing washable marking colors.

 

The FCCL as well as previous case law, defines case as…

“case” includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.

 

This article is not legal advice. Please consult your criminal defense attorney with any questions.

Utility Workers Lives Matter? Maybe not…

Do the lives of Utility Workers matter? Sure they do! But maybe not to some of their employers.  Some employers, such as AT&T, have policies against the carrying of weapons while on duty. As one AT&T employee put it, “AT&T has a policy against fighting back.”  That policy was evident on Monday November 28th, 2016 when an AT&T employee was shot during an attempted robbery in Berwyn, Illinois.

According to a press release from the City of Berwyn…

The victim was working on electrical panels in the 6300-block of Park Avenue around 11 a.m. when a male approached and demanded his wallet. When the worker tossed his wallet and attempted to flee, the suspect shot him the back.

 

This incident is proof that the merciless show no mercy. Even though the victim complied, he was still shot. The victim was left, by his employer

Continue reading Utility Workers Lives Matter? Maybe not…

CrossBreed® Holsters announces availability of ULTICLIP3

The newly designed ULTICLIP3 is the latest offering from our friends at UltiClip. The new design incorporates a slotted center and second attachment hole to offer a more versatile mounting solution. Continue reading CrossBreed® Holsters announces availability of ULTICLIP3

Illinois State Police About to Make Concealed Carry more Costly

According to the Firearm Concealed Carry Licensing Act (FCCL), the Illinois State Police (ISP) are responsible for licensing and administration of the Act.  As such the ISP have the right o set administrative rules governing instructor and licensee activities.

The ISP recently released a set of proposed administrative rules. Those rules may be found here: https://www.cyberdriveillinois.com/departments/index/register/register_volume39_issue32.pdf   (Start on page 56). If you are considering obtaining an Illinois Concealed Carry license, or if you have one already it would be in your best interest to read these rules. Some of the changes are going to make training (and retraining) more cost prohibitive because of redundant responsibilities added to instructors. As instructors responsibilities increase it would not be unreasonable for training fees to increase as well. After all, time is money.

The National Rifle Association (NRA), as well as other pro gun rights groups in Illinois has met with the ISP, and the ISP is unwilling to budge on some of these issues. Therefore it is time for the people to act and make our voice heard.  Please read the proposed rules, then contact the Illinois State Police at the following:

Matthew R. Rentschler
Chief Legal Counsel
Illinois State Police
801 South 7th Street, Suite 1000-S

A copy of my letter to Matthew Rentschler at the ISP is as follows:

September 6th, 2015

Mr Matthew Rentschler, or whom it may concern:

As a resident of Illinois I take exception to some of the proposed administrative rules for the Concealed Carry Licensing Act.

As Concealed Carry instructors are burdened with duplicate efforts and more administrative tasks this will inevitably drive up the cost for the applicants. As you may be aware the Illinois concealed carry license is already one of the most expensive in the USA to simply apply, not to mention the strict requirement of training time. Time is money, more instructor time means more applicant money.

This makes the already very expensive concealed carry license unobtainable for the poor and working class of Illinois who have the same right to self defense as the affluent and wealthy.

The specifically object to the preregistration as proposed for instructors 72 hours in advance of a concealed carry class.

I also specifically object to the proposed rule requiring instructors AGAIN 72 hours after the class upload class results.

As a law abiding, tax paying, voting citizen of Illinois I urge your to reconsider these rules and consider those who may adversely be affected by redundant bureaucratic quagmire which will be created by these proposed rules.

Respectfully,

Thomas Kral

The pen is mightier than the sword. Start writing those letters!

P.S. Objections MUST be in writing, and ultimately these proposed rules must be approved or dis-approved by JCAR.

Illinois State Police Cracking down on Crooked Instructors and Denying Applicants because of it

Thieves will be thieves, and the Illinois State Police have said that thieves should not be instructors of Concealed Carry in Illinois.  The Illinois State Police have yanked credentials of concealed carry instructors who were skirting the law. Furthermore those instructors who were skirting the law invalidated the training of their students and the Illinois State Police will be rejecting the applicants.

“Anyone seeking to legally obtain a concealed carry license also expects that the firearms training will be conducted professionally, honestly, and will reinforce firearms safety and responsibility,” said St. Clair State’s Attorney Brendan Kelly.  The people of good faith who have come forward believe in law abiding, responsible gun ownership and will ensure that the integrity of concealed carry training is upheld and not twisted into a means to defraud consumers,” Kelly added.

 

https://www.isp.state.il.us/media/pressdetails.cfm?ID=788

 

http://www.ksdk.com/story/news/local/2014/03/18/illinois-firearms-instructors-lose-licenses/6583233/

Village of Rosemont Bans Concealed Firearms on Public Streets & Sidewalks

Originally Posted April 3rd, 2014

The village of Rosemont, Illinois has banned legally armed citizens from legally concealing firearms with a license on public streets and sidewalks within the entertainment district.  This was a unanimous ordinance passed with faulty information by the village board which bans concealed carry at the MB Financial Park in Rosemont.

In one interview, mayor Stephens of Rosemont is quoted as saying,

“…state law already prohibits anyone from carrying firearms into a place of business where liquor is sold. Numerous venues within MB Park sell alcoholic beverages to the public. The recently passed ordinance, said Stephens, makes sure that no one is carrying a gun while visiting the entertainment district’s public areas such as around the outdoor plaza or on sidewalks.”

However mayor Stephens is incorrect.  According to Public Act 098-0063, The Illinois Firearm Conceal Carry Act, only businesses whose revenues are 50% of greater from alcohol are required to ban firearms on their premises.  The exact wording is as follows,

(9) Any building, real property, and parking area under
the control of an establishment that serves alcohol on its
premises, if more than 50% of the establishment’s gross
receipts within the prior 3 months is from the sale of

alcohol.

There are further provisions in the Illinois Firearm Concealed Carry Act which may give Rosemont a hard time enforcing their new ordinance, for example,

c) A licensee shall not be in violation of this Section while he or she is traveling along a public right of way

But possibly more important than the public right of way clause is the vehicle exemption,

(a), any licensee prohibited from carrying a concealed firearm
into the parking area of a prohibited location specified in
subsection (a), (a-5), or (a-10) of this Section shall be
permitted to carry a concealed firearm on or about his or her
person within a vehicle into the parking area and may store a
firearm or ammunition concealed in a case within a locked
vehicle or locked container out of plain view within the
vehicle in the parking area. A licensee may carry a concealed
firearm in the immediate area surrounding his or her vehicle
within a prohibited parking lot area only for the limited
purpose of storing or retrieving a firearm within the vehicle’s

trunk,

And certainly the most important clause within the Illinois Firearm Concealed Carry act that should render, eventually, the ban null and void, is the Preemption clause of the act,

Section 90. Preemption.
The regulation, licensing, possession, registration, and
transportation of handguns and ammunition for handguns by
licensees are exclusive powers and functions of the State. Any
ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or handguns and ammunition for handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers…

Link to Public Act 098-0063 http://www.ilga.gov/legislation/publicacts/98/PDF/098-0063.pdf

Link to original news report by Journal Topics http://www.journal-topics.com/news/article_c23d215a-b4f9-11e3-957a-001a4bcf6878.html

 

Concealed Firearm possibly Saved Chicago Man’s Life

Originally Posted April 6th, 2014

In the first reported incident of an Illinois Concealed Carry Licensee firing shots, a Chicago man fired shots at two armed attackers.  The Chicago Tribune is reporting that the armed attackers approached the man on his property and pointed a gun at him. The man responded by pulling his own legal firearm and fired shots in self defense. The armed attackers fled.  The Chicago Police are saying that they will not file charges on the legally armed citizen and are looking for the alleged attackers to file charges against.

Carrying a Concealed Firearm may have saved this legally armed citizen.

 

http://my.chicagotribune.com/#section/-1/article/p2p-79832002/

 

Wisconsin to Honor Illinois Concealed Carry License

Originally Posted April 7th, 2014

According to the reciprocity map as well as a letter from Glenn Rehberg at the Wisconsin Department of Justice, Wisconsin is now honoring Illinois Concealed Carry Licenses within its’ borders.

Further inquiry may be directed to:

Training and Standards Bureau
Wisconsin Department of Justice
17 W. Main St., PO Box 7070
Madison, WI  53707-7070

 

http://www.doj.state.wi.us/dles/cib/conceal-carry/reciprocity

Permit(s) Honored In Wisconsin as of the time of posting:

Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota, Pennsylvania, Puerto Rico, Tennessee, Texas, Utah, Virgin Islands, Washington, Wyoming

A Class Action Brewing Against Bass Pro for alleged Illinois Concealed Carry Training Violations

Originally Posted April 8th, 2014.

John Ambrose of Joliet is suing Bass Pro Shops for alleged training violations of the Illinois Concealed Carry training classes.  In early April I reported of 327 applicants being denied for training reasons.  This was in conjunction with a revoked instructor who was purposely skirting the Illinois training requirements. This instructor was allegedly using the Bass Pro Facilities for these classes, and now Jon Ambrose wants Bass Pro to pay.

http://voices.suntimes.com/news/breaking-news/suit-bass-pro-shop-falsely-advertised-conceal-carry-classes/