Archives for January 2015

Gun In Your Car in Illinois WITHOUT a Carry License? What is Legal?

As long as you have a FOID* card, you can have your gun in your car, in the passenger compartment, with the ammunition at the ready. This shocks a lot of people, since there are a lot of misconceptions about the law.

There are three legal ways to transport your gun in your car.

  1. It must be not immediately accessible, OR
  2. Broken down in a non-functioning state, OR
  3. Unloaded and enclosed in a container.

Let’s look at the how these three are defined. Remember that only ONE of the three conditions has to be met for it to be legal.

“NOT IMMEDIATELY ACCESSIBLE” is a very vague term, which has been interpreted differently in the past by courts, and is interpreted differently by a lot of police officers.  While  the trunk of your vehicle is certainly “not immediately accessible,” it is understood by most police to be “out of easy reach.”  Pretty vague.  Better be nice to the police officer! And the gun had better be unloaded if it is in the passenger compartment, not matter how far out of reach it is…

“BROKEN DOWN IN A NON-FUNCTIONING STATE” is pretty easy for a semi-auto.  Remove the slide.  For a revolver, this is more difficult.

 

“UNLOADED AND ENCLOSED IN A CONTAINER” is now more well defined than it was in the past.  The Illinois Supreme Court Diggins decision made it clear that a vehicle’s center console or a glove box, as long as it is closed (LATCHED, but locked is not necessary) is legal, as long as the gun is unloaded.  Put a magazine in the gun, even if you don’t chamber a round, and you are looking at a felony.

The easiest thing to do is get an Illinois License to Carry, then it can be on or about your person and loaded!

*FOID cards are not required for non-residents.

Holsters for Concealed Carry

Watch this video of a US Marshall and his accidental (negligent) discharge.  Then read what I have to say about preventing this from ever happening!
 

You want to use a holster that allows you to take your gun off and on WITHOUT unholstering! This is the most dangerous part of carrying concealed – drawing and reholstering! I recommend an IWB holster with one clip — not two clips — so that you can easily remove it and replace it with the gun still in the holster. If the gun never leaves the holster, you can’t accidentally pull the trigger!

Understanding the Parking Lot Exemption When Carrying in Illinois

What if you are carrying in your car and you drive into the parking lot of a “prohibited area?”  The Illinois Concealed Carry License creates a “Safe Harbor” for your car, you have heard…. But… Are you legal only if you stay in your car?  Can  you put the gun in your trunk instead of leaving it in the passenger compartment?

1) As long as you stay in your car, you are perfectly within the law, EXCEPT if you are in the parking lot of a federal facility or a Nuclear Plant.* Federal facilities include any federal building or military installation.  The Illinois License to Carry “Safe Harbor” does NOT protect you on “federal property” where you are NOT allowed even to have a gun in your car.

2) Other than federal / military property, you can always stay in your car, or leave your gun in your car and be legal.

3) If you leave the gun in your car, it must be out of sight, in a “container” (which includes the glove box or center console) and if the car isn’t locked, then the container must be locked.

4) Some “Prohibited Areas” do not extend to the parking area.  For instance, you cannot carry in a state / municipal court building, but the parking lot is okay. The same applies for a “local government” building (think county / city / township / village… anything that is not State or Federal).

5) In any of these Prohibited Areas that extend to the Parking Area (except federal / military), you may  go directly to your trunk to store your gun as long as it is first unloaded.

There is a lot to know about the Illinois Concealed Carry Law, but once you understand it, it is not that complicated.

*The exact definition is ‘any facility that is regulated by the Nuclear Regulatory Commission.’