Hope In the in right topic, but I have a legal question for the community. Am I able to defend my self while legally transporting my firearm in my truck? (I only have a Foid card at the moment not a CCL)
With FOID card only (I’m assuming you are IL resident) there is no way you can defend yourself legally transporting firearm…
Maybe if you are fast enough to unbox and load the gun…
It is illegal to carry a loaded handgun in a vehicle without a permit/license. The statute does not apply however to the transportation of firearms that are:
- broken down in a non-functioning state;
- not immediately accessible; or
- unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person with 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.
This is what Gun Law says… But I’d like to hear attorney’s words also…
@Kennyy No Kennyy not legally, here in IL you know our FOID is being challenged by our ISRA but right now it’s a No, you cannot defend yourself. I really suggest that if you do have an incident you do not use your firearm because they will beat you over the head when you go for your CCW classes. Just take them ASAP and do not delay. And if you are home in your house, please read and understand the Illinois Castle Doctrine because again; Illinois does have a Castle Doctrine but it’s what I call a Fragmented Doctrine. My only other advice is that if you are not a full member of USCCA to become a full paid membership because I can tell you our lovely court system has zero problems taking your Second Amendment Rights away for much reasons whatsoever I have two people who are friends, one being a guy I worked with 20 years ago and the other being the lovely cleaning lady that works for us and struggles so hard Cook County took her FOID, CCW, her gun and ammunition away from her very sad.
Based on my understanding of IL law, a FOID does not let you carry a weapon in a vehicle unless it is being transported as @Jerzy has described. If you are attacked and can get your weapon out, loaded and defend yourself, by all means do so. You may be prosecuted, but I think a jury would be hard pressed to convict you.
You really should contact an IL USCCA Network Attorney to ask this question.
Thank you @MikeBKY for clear explanation.
That’s also a reason to apply for CCW as soon as you get your FOID.
(if you qualify of course)
You are 100% correct Mike. Only to and from a gun range fully in a gun case of some description. Any ammunition needs to be separated from the firearm. Sad but true. You wouldn’t guess IL for the greater part is Red with the exception of Chicago Cook Co, parts of Lake Co. and probably Peoria, IL the state is Red. I don’t blame them for trying to make IL into Two States, Chicago & Everything else.
That would be my Christmas Wish
My co-worker I’m frequently shooting with lives in Cook County… he cannot buy ammo online because of … yeah… because of what? Because he lives in Cook County… This is totally stupid…
@Jerzy Jerzy you know why that is right? Or No? Or should I tell you the long version
I’m going start typing here in case
I am assuming Illinois resident as that seems to be a part of Illinois law. If so, the short answer is no, as an example last week a woman shot another young woman who was attempting to rob her she had a FOID card but not CCW permit and the police arrested them both.
Chicago Cook wants and IL State wants the tax revenue when you buy ammunition online they miss out on taxation. JB wants his money also.
Well I’m thinking about the situation that happened approximately in October. You know after awhile you get to where you don’t even pay attention sometimes. I was shot on Feb 4, 2016 in Chicago it never made the news
Well with regard to that specific situation, you have to have your CCW in IL normally at least Chicago Cook and the collar counties to bring a firearm outside unless your going to or from a gun range. I think once you get away from Chicagoland police are more lenient, more relaxed.
I don’t know if it helps or not, but I was on the jury many years ago in IL for a man that was waiting for his wife to get out of work in a bad area so he could drive her home. He was sleeping in her vehicle (they both worked at the same place, but his shift got off earlier) and waiting for her shift to end. He was sleeping when the police officer came up on the vehicle, saw a jacket in the back seat, and found that it had a legally owned firearm that was loaded, and the husband had a FOID card.
The district attorney charged him with some type of assault because the firearm was loaded, accessible, and he possibly had knowledge of it being there (IIRC). We found him not guilty, but I don’t know how it affected his job, FOID, etc. afterwards. The judge ordered his firearm be destroyed, and took a harsh tone towards us saying that we should have found him guilty (after the trial was over).
As a side note, the prosecution made it a point to show and tell us the defendant was using “hollowpoints” so as to infer the wickedness of the defendants intentions. IIRC, the defense attorney did not touch that subject, as I believe that he didn’t think bringing it up would benefit his client.
Juries usually try to do the right thing.
We’ve got the Law that we should obey… but there is no perfect Law that can envisage every situation… That is why jury can do the right “human” judgement even it doesn’t match up with “written” Law.
Appreciate you all, glad I’m in this group feels like home
You are very welcome.
Start thinking about CCW license… this small plastic will reduce amount of problems with gun possession in IL.
We are so happy that you are here Kennyy. Happy New Week
I’ve found the organization as well as the people who populate it’s forums whether they be employees of the USCCA’S, members of the USCCA, or just followers of it’s forums to be wonderful people, willing to give of their time, knowledge, experience, and advice unstintingly and with grace.
We all have one thing in common, we love our Country and want to protect and defend our God given rights, and our Constitutional protections.