I’m sending this to any Illinois Troopers that might be out there. I placed this question on the ISPF site and have not received an answer so here goes. Please confirm or not this statement. I am a permit holder from my home state traveling in my car. I am legally able to carry my handgun on my person while in my car since my car is my domain or personal space. However I cannot exit the vehicle in Illinois or I will be in violation of the law. True or False?
Part #2. I’m stopped by an Illinois officer for a moving violation and for some reason (maybe my USCCA stickers) asks me to exit the vehicle. I tell him I will comply but I need to be disarmed first by his partner or by myself in order to exit the vehicle.
Please respond to these situations. Thank you!!
Good question here…
For the first part, answer seems to be easy. All CCW classes teach this:
From my notes (CCW class):
It is illegal to carry a loaded handgun in a vehicle without a CCW permit/license.
Does not apply to the transportation of firearms that are:
- broken down in a non-functioning state;
- not immediately accessible;
- unloaded and enclosed in a case, carrying box, shipping box, or other container (person must have a currently valid Firearm Owner’s Identification card)
A person who is issued a valid concealed carry license is permitted to keep or carry a loaded or unloaded concealed handgun on or about his or her person within a vehicle.
Part #2… let’s wait for Officers’ answer
Thanks Jerzy, that’s a good start. But does that pertain to ANY ccw permit or only that staes (Illinois) permit?
https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/il-gun-laws/
Part 1: True
Can you carry a concealed firearm in a vehicle in Illinois? Yes, only with an Illinois CCL [430 Ill. Comp. Stat. § 66/10(c)]. A non-resident may transport a loaded concealed handgun in a vehicle if they have a valid CCW permit in their home state. They cannot under any circumstances remove the firearm from the vehicle. If they need to exit the vehicle they must lock it or place the firearm in a locked container. Any ammunition needs to be stored separately [430 Ill. Comp. Stat. § 66/40(e)].
Part 2: politely inform the officer that there is a loaded firearm in the car, you have your CCW from your home state, and ask how they would like to proceed. They will very likely ask where your gun is, probably take possession during the stop, and that may be it. Things like this will need to be handled on a case by case basis because it is at the officers discretion depending on what they feel is necessary for their safety.
I would also add…from whatI’ve heard, dont expect the cops to instinctively know the firearms laws and that you are allowed to carry with your home state CCW. So…there is a chance you will still be “detained” until someone knowledgeable about the law can come to your defense. Best bet is to just avoid the situation if possible.
My notes apply to IL only
I don’t think this can be done in IL.
I remember my Instructor told me to transport my firearm unloaded in the case till the moment I had CCW permit in my wallet.
So the rule is - FOID → unloaded in a case, CCW permit → whatever you want.
If you have a valid CCW permit in your home state you CAN carry THROUGH the state of IL. You cannot carry if you leave your vehicle.
@Terence1 nailed it on the head (LOVE the reference link too )
@Jerzees, how long ago did you take your class? I wonder if the instructor had the latest and greatest laws.
I agree with you that the best thing would be to avoid the situation in the first place since I know that not all officers are up on everything pertaining to this. But in my opinion the BEST way to avoid this would be to have universal testing procedures with individual states allowing for where it would be lawful to carry and where it would not be. Then have universal reciprocity just like my driver’s license.
Thanks for the input!!
Well yes - universal reciprocity would be the ideal solution. Would be nice if the Constitution held the weight of law across this great land, and there were NO INFRINGEMENTS. Until then, I wish you the best of luck!
Hm… I should ask first: what State are you from @John_S1?
I’ve checked IL law and my notes are correct… I assumed @John_S1 to be IL resident with FOID card only…
This should answer your questions with citations to the law…
Yeah I guess I should have mentioned that. I was speaking hypothetically but I am an Indiana resident on the border of Illinois. At times I spend more time in Il than IN but I drive IL roads a lot. Also Indiana has a carry permit and not a CCW permit which means I can carry open if I want. I don’t though because it makes too many people nervous and I don’t want to be the first target if there is a robbery in progress. I appreciate all the input and I have a good handle on things now.
John Christensen
Thanks for the link!
John Christensen
You actually did it… I remember your another post where you wrote this
My pleasure. Alot of confusion from alot of people. Illinois gun laws are screwey, which is why I wrote the article.