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View Full Version : IL Supreme Court affirms that IL residents may transport firearms in vehicle consoles


DSeifert
10-08-2009, 9:24 PM
Sorry if this is a dupe. I read this this afternoon and couldn't believe that this came out of Illinois. :eek:


http://www.examiner.com/x-17034-Chicago-Gun-Rights-Examiner~y2009m10d8-IL-Supreme-Court-affirms-that-IL-residents-may-transport-firearms-in-vehicle-consoles

I am hoping California's current (on hold) lawsuits have rulings similar to this ruling!

Keep up the pressure on the Governator ... :D

yellowfin
10-08-2009, 9:33 PM
Every little step in the right direction is always a welcomed one.

DSeifert
10-08-2009, 9:40 PM
Every little step in the right direction is always a welcomed one.

My thoughts exactly.... only I want to see those steps become larger and larger ..... leading to a race ... with California out in the lead.1

Kid Stanislaus
10-08-2009, 10:12 PM
Hey, a win is a win. Let's not minimize it but let's not make a mountain out of a mole hill either.

DSeifert
10-09-2009, 2:46 AM
Hey, a win is a win. Let's not minimize it but let's not make a mountain out of a mole hill either.

agreed. Like everyone here, I want to see McDonnald v. Chicago start a landslide of Pro 2A victories ... Nordyke, Pena, Sykes ...etc. Every victory helps.

kermit315
10-09-2009, 6:05 AM
This is great news. One more step closer to better gun laws. Now if we could just get rid of FOID.

Glock22Fan
10-09-2009, 8:08 AM
for the purposes of the Wildlife Code a firearm must be transported in a case "specifically designed for the purpose of housing a gun.

"Well, I made this case out of thin cardboard and I designed it specifically to house my gun."

kermit315
10-09-2009, 8:30 AM
yeah, wildlife code is still a pain. IDNR is a pain too. That being said....if 2A is incorporated, that might get nullified as unreasonable, no? Having to have a specific case just to transport seems like its encumbering an enumerated right.

Obviously not a high priority right out the gate, but who knows what may come down the road.

tunder
10-09-2009, 9:53 AM
Woo Hoo

Now when I cross the border into Illinois to visit my parents, all I need to do is drop the mag and my carry gun into the console instead of locking it away into a separate case.

Life just got a little easier.

ilbob
10-09-2009, 12:09 PM
I would point out that this has nothing whatsoever to do with the 2A. It has to do with the definition of "case" in the UUW statutes.

It took an Illinois Supreme Court decision to determine that a case was something that enclosed something. Probably not a conclusion that would have escaped many of us, but it has confounded IL LEOs and SA for many years now, or at least so they claim.

I would also point out that the decision only means that the plain language of the statutes actually mean what they say.

Gun still has to be unloaded, and you have to have a FOID card. Non-residents are not eligible for a FOID card. Gun transportation rules for non-residents are a bit more stringent.

The decision does not change anything as far as the wildlife code restrictions on what a gun case has to be, but that is not a felony.

All in all a win for Illinois gun owners and for common sense.

ilbob
10-09-2009, 12:11 PM
Woo Hoo

Now when I cross the border into Illinois to visit my parents, all I need to do is drop the mag and my carry gun into the console instead of locking it away into a separate case.

Life just got a little easier.
NO!!!!

You are not a resident so don't have a FOID card so it is still a crime for you if you do this. I don't think it could be construed as felony UUW though. Its still a class A misdemeanor.

Kharn
10-09-2009, 12:58 PM
Damn, even IL shooters have something better going for them than MD. We cant even have a pistol (or SBR/SBS) in our possession if we're not going to/from a range, the gun store, hunting activity, business owned by the carrier or our homes.

nicki
10-09-2009, 1:30 PM
So I can't get a Illonis FOID, so what that means is that I am not equal under the law if I am in Illonis because I am not a state resident?

Maybe future lawsuits under 2nd, 9th and 14th amendments.

Nicki

kermit315
10-09-2009, 1:40 PM
So I can't get a Illonis FOID, so what that means is that I am not equal under the law if I am in Illonis because I am not a state resident?

Maybe future lawsuits under 2nd, 9th and 14th amendments.

Nicki

FOPA will protect you during transit through the state. You dont need a FOID to buy ammo if you have an out of state ID. You can shoot your guns in Illinois without FOID (thinking relatives, etc.) FOID is only required of Illinois residents.

That being said, after incorporation, there might be a chance to get FOID killed.

ilbob
10-09-2009, 3:20 PM
FOPA will protect you during transit through the state. You dont need a FOID to buy ammo if you have an out of state ID. You can shoot your guns in Illinois without FOID (thinking relatives, etc.) FOID is only required of Illinois residents.

Up till a few monhts ago it was a felony to go shooting with a friend at their country estate.

IL gun laws are a confusing mush of stilted language that is all but impossible to decipher.

kermit315
10-09-2009, 3:54 PM
cite please. Because if thats the case, I want to know how all those out of staters come in and hunt.

Roadrunner
10-09-2009, 8:47 PM
Good for Illinois, but what does this have to do with California?

ilbob
10-10-2009, 8:35 PM
cite please. Because if thats the case, I want to know how all those out of staters come in and hunt.

there is a hunting exception, there was not an exception that applied for informal target shooting (or a bunch of other things). there is now.

kermit315
10-11-2009, 7:30 AM
do you have any reference to the old cite. It doesnt seem to pass muster that a person cant visit the state of Illinois and exercise their 2nd amendment rights. Hell, out of staters can buy long guns and ammo in Illinois without FOID, but they cant shoot them there? I cant make that connection.

ETA: I looked through UUW statute, as well as the FOID statute,and neither mentions any prohibition on a non resident shooting in Illinois. The only people required/allowed to possess a FOID card are Illinois residents.

ilbob
10-11-2009, 8:39 AM
do you have any reference to the old cite. It doesnt seem to pass muster that a person cant visit the state of Illinois and exercise their 2nd amendment rights. Hell, out of staters can buy long guns and ammo in Illinois without FOID, but they cant shoot them there? I cant make that connection.

ETA: I looked through UUW statute, as well as the FOID statute,and neither mentions any prohibition on a non resident shooting in Illinois. The only people required/allowed to possess a FOID card are Illinois residents.

Read carefully the aggravated (felony) UUW statute. The bolded part was added this past summer.

It was not only non-residents that were prohibited from going shooting on a friend's farm.

(720 ILCS 5/24‑1.6)
Sec. 24‑1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm;
***
3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense;

There are a long list of exceptions including hunting and shooting ranges, but the shooting range exception is worded very restrictively.

(720 ILCS 5/24‑2) (from Ch. 38, par. 24‑2)
Sec. 24‑2. Exemptions.
***
Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.
(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.


Despite the claim from many LEOs in IL that no one would ever be charged under this statue for an innocent violation, a guy in Cook County was convicted of felony UUW solely for having a loaded firearm at his sister's home.

kermit315
10-11-2009, 10:13 AM
Read carefully the aggravated (felony) UUW statute. The bolded part was added this past summer.

It was not only non-residents that were prohibited from going shooting on a friend's farm.



There are a long list of exceptions including hunting and shooting ranges, but the shooting range exception is worded very restrictively.



Despite the claim from many LEOs in IL that no one would ever be charged under this statue for an innocent violation, a guy in Cook County was convicted of felony UUW solely for having a loaded firearm at his sister's home.

I remember that now, but that same portion of the law was effecting Illinois residents as well as non residents. There has been no law targeting non residents that I am aware of. However, you are right, I do remember that now.

ETA: werent they trying to get that guy in Cook County on anything that they could get, and ended up using this? I cant remember the details to his story.