Illinois Concealed Carry for NON-Residents

Illinois does not recognize the concealed carry permits of other states. So how can someone who is frequently visiting Illinois, for work or personal reasons, exercise their 2nd Amendment rights?

Although the Firearm Concealed Carry Act intended to issue licenses to non-residents, the way the law is interpreted, only residents of Hawaii, New Mexico, South Carolina and Virginia are currently able to obtain them.  And that is after paying an application fee of $300, which is twice the fee for residents. Until there is a legislative “fix” to the law, no other non-residents will have the ability to get an Illinois license.

HOWEVER, non-residents who have a valid CCW permit from their own state may have a concealed firearm in their car.  By definition of the Act, this would include a loaded handgun in the passenger compartment of their car, but only in their car.  So they can “carry concealed” in Illinois within their vehicle.  When leaving the vehicle, the gun would have to either be left in the car:

  1. in a container, and
  2. either the container or the car itself must be locked

or, the gun would have to be unloaded and removed from the car.

Interestingly enough, this means that an Illinois resident who does not have a License to Carry is guilty of a felony for having a loaded gun in their car, but a non-resident is perfectly legal, as long as they have a permit from their own state. Many Illinoisans over the years have obtained non-resident concealed carry permits from states such as Utah and Florida, but that gives the Illinois resident NO right to carry in Illinois. The only ccw permits from other states that are “recognized” in Illinois are those of a non-resident, and then only for the express purpose of ‘carrying’ in their car while in Illinois.

Please note that the non-resident must have a ccw permit issued by their own state.

This is not legal advice.  Please read the law yourself:

 

430 ILCS 66/40)
    Sec. 40. Non-resident license applications.
    (a) For the purposes of this Section, "non-resident" means a person who has not resided within this State for more than 30 days and resides in another state or territory.
    (b) The Department shall by rule allow for non-resident license applications from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under this Act.
    (c) A resident of a state or territory approved by the Department under subsection (b) of this Section may apply for a non-resident license. The applicant shall apply to the Department and must meet all of the qualifications established in Section 25 of this Act, except for the Illinois residency requirement in item (xiv) of paragraph (2) of subsection (a) of Section 4 of the Firearm Owners Identification Card Act. The applicant shall submit:
        (1) the application and documentation required under
    
Section 30 of this Act and the applicable fee;
        (2) a notarized document stating that the applicant:
            (A) is eligible under federal law and the laws of
        
his or her state or territory of residence to own or possess a firearm;
            (B) if applicable, has a license or permit to
        
carry a firearm or concealed firearm issued by his or her state or territory of residence and attach a copy of the license or permit to the application;
            (C) understands Illinois laws pertaining to the
        
possession and transport of firearms; and
            (D) acknowledges that the applicant is subject to
        
the jurisdiction of the Department and Illinois courts for any violation of this Act;
        (3) a photocopy of any certificates or other evidence
    
of compliance with the training requirements under Section 75 of this Act; and
        (4) a head and shoulder color photograph in a size
    
specified by the Department taken within the 30 days preceding the date of the application.
    (d) In lieu of an Illinois driver's license or Illinois identification card, a non-resident applicant shall provide similar documentation from his or her state or territory of residence. In lieu of a valid Firearm Owner's Identification Card, the applicant shall submit documentation and information required by the Department to obtain a Firearm Owner's Identification Card, including an affidavit that the non-resident meets the mental health standards to obtain a firearm under Illinois law, and the Department shall ensure that the applicant would meet the eligibility criteria to obtain a Firearm Owner's Identification card if he or she was a resident of this State.
    (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.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, eff. 7-20-15.)

 

 

Guns in the Car in Illinois WITHOUT a License to Carry

The most common MISCONCEPTION about gun laws in Illinois is that you cannot have the gun and ammunition together in the car.  Take a poll of any 10 gun owners and I bet you 7 of them will say that is true.  The only problem is, that it is not true.

The law is 720 ILCS 5/24.  It is crystal clear about what is and what is not legal, but for a very long time in Illinois an outdated brochure from the State Police caused a lot of confusion.

Here is what the law says:

  1. You must have a valid FOID card to be in possession of a firearm.
  2. You have three options to legally keep the gun in your car. You must meet ONE of the three options; all three are not required!
    1. The gun must be broken down in a non-firing condition (slide removed from a semi-auto, for instance) OR
    2. The gun must be “not immediately accessible” (this is subject to interpretation, but “usually” means out of arms reach), OR
    3. The gun must be unloaded and enclosed in a case or container.

Please note that having a loaded gun in the car is a FELONY if the gun is “immediately accessible.”  This is subject to interpretation and you probably don’t want to rely on you and the police officer agreeing what “immediately accessible” is, unless the gun is in the trunk. If it is in the trunk, I don’t think anyone can argue the point.

The other thing to note is that the “OR” language suggests that the gun COULD be loaded, if it is “not immediately accessible.”  HOWEVER, most police are not so familiar with every letter of the law and likely to say “you can’t have a loaded gun in the car.”  Then you have to post bond and get a lawyer… So having a loaded gun in the trunk is ill-advised.

The best way to ensure you are in compliance is “unloaded and enclosed in a case or container.”  The 2009 IL Supreme Court decision “People vs. Diggins” found that the center console of the car is acceptable, and therefore a glove box is also be fine.

Finally, while the gun must be UNLOADED, you are able to have a loaded magazine with the gun, as long as that loaded magazine is not inserted into the gun.

 

What Happens To You In a Gunfight

Shooting at paper for fun is a lot different than shooting at a bad guy who is trying to kill you.  All the training at the range cannot prepare you for the physiological changes that hit your body, but learning about them will help immensely.

Most people know that the adrenaline surge causes 1) elevated heart rate, 2) tunnel vision, 3) auditory exclusion, and 4) problems with fine motor skills.  But what can we do about these challenges?

According to LTC Dave Grossman, author of On Combat, the best thing we can do is address our breathing.  If the gunfight is over in an instant, then you haven’t got time for thinking, let alone breathing.  However, if the encounter is one that escalates over a period of time or drags on, it is critical to know that you can “command” your body to get back into line with deliberate breathing.

The fact is that controlled breathing is a biofeedback mechanism that tells your central nervous system to calm down and get a grip.  Slowly breathing in to a count of 4, holding for 4 seconds and exhaling over four seconds is what you want to do.  Breathing this way will mitigate many of the effects of the adrenaline in short order.

Reading  On Combat is a great idea for anyone carrying concealed.  You can get it here:  http://astore.amazon.com/illgunprorangebag-20

Quiz #3 for Illinois Concealed Carry

(Answers below)

These questions all apply to a person with an Illinois License to Carry

 

1) You can shoot someone only if YOUR life is in danger. (True/False)

2) You can walk around the parking lot of a county court building while carrying concealed. (TRUE)  (FALSE)

3) You can carry only one concealed firearm at a time.  (TRUE)  (FALSE)

4) Your gun can be on the seat next to you in your car and doesn’t have to be in a holster or bag as long as it is concealed from view.  (TRUE)  (FALSE)

5) You must unload your gun before putting it in the trunk of your car if you are in a “prohibited parking lot.” (TRUE)  (FALSE)

6) If you are at a public event, like a festival, you may NOT carry concealed. (TRUE)  (FALSE)

7) Your employer can have you arrested for having a gun in your car in the company parking lot. (TRUE)  (FALSE)

8) Every state adjoining Illinois recognizes your Illinois License to Carry. (TRUE)  (FALSE)

 ANSWERS:

1) False.  The law states you may use ‘deadly force’ if you feel you are in reasonable fear of great physical harm, and also to protect another person – not just yourself.

2) True.  While you may NOT carry into a court building, the parking area and real property are not prohibited.

3) False.  The law sets no limit on how many guns you may carry: only that they must be concealed and they must be handguns.

4) True.  The gun may be ‘on or about your person’ but if you leave it in the car, it must then be in a container and either the container or the car must be locked.

5) False.  This rule change took effect in July, 2015 so you are no longer required to unload before you step out of the vehicle. However, you must go directly to the trunk to secure the firearm.

6) True/False.  While most festivals are ‘permitted special events,’ not ALL of them are.  Some small towns will even block off the streets for a festival, but there is not permit issues, which means it is legal to carry there.  Consult the police department or city hall to be sure.

7) False.  You can be fired, but it is not a crime.  Illinois has a “Safe Harbor” provision, which allows you to keep your gun in your car as long as it is in a container and either the container or the car is locked.  The container can be the glove box or center console.

8) True.  You can carry in 23 other states, including all that border Illinois, with your Illinois license to carry, but you must follow their laws.  

If you liked this, you can also take Quiz #2 for Illinois Concealed Carry or Quiz #1 for Illinois Concealed Carry.

 

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Concealed Carry in Parks in Illinois – What Does the Law Allow?

There is a provision in the Illinois Concealed Carry law that says that public parks and playgrounds are Prohibited Areas, but it is important to understand that there are ways you can live with this.

First of all, you can legally “pass through” any park if you are on a bike trail or walking path that passes through the park.  That is, if only a portion of the trail or path is in the park, you are okay to carry on that trail or path.  A good example is the Illinois Prairie Path.  It is located in the Chicago suburbs and runs 61 miles through more than 10 parks across three counties, and you can carry on that path. This provision is spelled out in 430 ILCS 66/65 (a) (13).   Now mind you, if the path or trail you are on is totally contained in the park, that is another story.  But if you are passing through, you are legal.

Another thing to realize is if you want to walk your dog, you can still go to the park and walk on the public sidewalk. 430 ILCS 66/65 ( c ) states that if you are on a public right of way that touches or crosses a prohibited area, you are fine.  So the public sidewalk along the street is just fine.  Your dog can do its business on the grass on either side of that sidewalk and be totally happy while you are still legal with your concealed firearm.

Is this a perfect law? No.  Can it be a pain in the rear end at times? Sure.  But by understanding the law, you will see that it is very livable. And, the Second Amendment is on the move, even in Illinois, so you can expect that changes are in the works.

 


Quiz – Illinois Concealed Carry Law

Answers Below

1) In Illinois you must advise any law enforcement officer you come into contact with that you are carrying (true / false)

2) You can walk (or ride) through a park while carrying as long at the path / trail you are on goes through the park and keeps going (true/false)

3) You can carry on the trails and paths in Illinois State Parks (true / false)

4) Aside from the third offense of carrying while intoxicated, there are no felony penalties under the Firearm Concealed Carry Act (true/false)

5) A licensee who leaves his gun in his vehicle must first unload it (true/false)

6) A licensee can leave his gun in his vehicle, but the gun must be in a container of some sort (such as the glove box or center console) (true/false)

7) A licensee can leave his gun in his vehicle without locking the vehicle (true/false)

8) You cannot walk on the sidewalk on a college / university campus while carrying (true/false)

 

Answers

 

1) False.  Unless you are asked if you are carrying, you are under no legal obligation to inform a law enforcement officer. However, it is a good idea to do so.

2) True. As long as you are ‘passing through’ a park on a trail that is not merely in the park, but rather the trail just passes through the park.

3) True. However, carrying in the buildings is prohibited.

4) True.  All penalties are misdemeanors, aside from the third offense of carrying while intoxicated.

5) False.  There is nothing in the law that requires the gun be unloaded.

6) True.  Obviously, the gun doesn’t have to be in a container while you are with it (just concealed), but when you leave the vehicle, it must be in some container.  The glove box and center console qualify, but a locked box / portable safe would be better.

7) True.  While most people lock their vehicles, as long as the container is locked, the car does not have to be locked.

8) True. This is a tricky one, as most colleges are sprawling all around the town they are in.  You can always walk on a public right-of-way.  However, if the sidewalk is a college-owned sidewalk (like the walkway going up to each building), then you are not on the public right-of-way and you are breaking the law.

Want to see Quiz #1? Click Here

Check out our classes in Central Illinois and in the Chicago West Suburbs here:  Classes


How Well Do You Know the Laws Governing Concealed Carry in Illinois?

(Answers below)

These questions all apply to a person with an Illinois License to Carry

1)You can always have your gun with you in your car legally, except in the parking lot of a Federal facility or a Nuclear Regulatory Commission regulated facility. (True/False)

2) If your FOID is revoked, you must turn your guns in to the Police. (TRUE)  (FALSE)

3) If you sell a gun to an Illinois resident, you must run their FOID card using the Illinois State Police Website and retain the record, along with the receipt, for 10 years. (TRUE)  (FALSE)

4) If you give a gun to an Illinois resident, and no money changes hands, it is not necessary to run their FOID card using the Illinois State Police Website.  (TRUE)  (FALSE)

Federal Laws:

5) Transferring (selling or giving) a firearm to a resident of another state requires that you use a Federal Firearms Licensee. (TRUE)  (FALSE)

6) It is legal to have a gun in your car in the parking lot of a federal building. (TRUE)  (FALSE)

7) It is legal to carry concealed in a National Park (but not the buildings) as long as you are legal to carry in the state where the National Park in located. (TRUE)  (FALSE)

8) Your License to Carry is recognized and you are legal to carry in your car on the property of a federal facility or a facility managed by the Nuclear Regulatory Commission. (TRUE)  (FALSE)

 ANSWERS:

 

1) True.  In Illinois, your car is a safe harbor, but this does not apply to federal / nuclear facilities.

2) False.  You must turn in your FOID card to the police, but your guns can be given for safekeeping to anyone with a FOID card.

3) True.  This became effective January 1, 2014.

4) False.  A transfer of a firearm, whether a gift or a sale, requires that the FOID be checked.

5) True.  This is an interstate transfer of a firearm.

6) False. Park your car on the street and not in the parking lot if you have your gun with you.

7) True.  Just remember that you cannot bring your gun into the buildings.

8) False.  This question is repeated because it is important to remember that the Federal government isn’t impressed with our Illinois License to Carry.

Want to see Quiz #2? Click Here

Check out our classes in Central Illinois and in the Chicago West Suburbs here:  Classes

 


Important New Changes For Illinois Concealed Carry!

What you need to know if you carry in Illinois.  The “trailer bill” that was intended to fix some things in the Firearm Concealed Carry Act has passed both houses n Springfield and has been signed into law by the governor.

Here are the changes:

1) You no longer have to unload your gun if you want to put it in the trunk of your vehicle in a Prohibited Parking Area.  Just remember, you must go directly to your trunk to store your gun if it is a Prohibited Parking Area – you still cannot walk around. Also remember that not all “Prohibited Areas” include the parking areas, but when the parking area is included, you don’t have to unload before going to  your trunk.

2) You no longer have to carry your FOID card with you if you have your License to Carry.  You can use your License to Carry to purchase ammunition as well, so your wallet can be thinner!

3) If you are stopped by a law enforcement official, you can simply hand your License to Carry, which satisfies the requirement that you inform them if asked.  This is a rather obscure change, as you are still not required to inform an office that you are carrying unless you are asked.  But for some reason, it seemed necessary to spell out the fact that merely handing your License is just as good as saying the words “I am carrying.” There is some lawyer somewhere that thinks this was a necessary clarification.

4) Non-residents who attend shooting events at the World Shooting Complex can now obtain firearms and ammunition without a FOID card.

5) Developmentally disabled persons now have an extra measure of protection before being stripped of their FOID cards in the form of an appeals process.

6) You “may” be required to submit a notarized statement if you change your name or address, instead of “shall” be required.

7) The privacy waiver included in your application has been limited. This protects our personal information and the extent to which the background check can be used.

8) Emergency services personnel can now legally secure your firearm if necessary (a lot of paramedics were concerned about this).

 

Utah, Florida or Arizona: Which Non-Resident CCW Permit Should I Get?

Still popular now for gun owners who travel out of state, before Illinois started issuing Licenses to Carry in 2013, the two most popular options for Illinoisans were the Utah and Florida non-resident CCW permits. These permits are relatively easy to obtain and provided an Illinois residents  with the ability to carry concealed in up to 30 other states.  But the Arizona permit is just as easy to get and for some may be a better option.

Now that we can get an Illinois License which is honored in over 20 other states, is there still a need for Illinoisans to get a Utah, Arizona or Florida permit?  Let’s take a look at the benefits of each permit and what it takes to get one.

Costs:

There is a big difference in the ‘price’ of permit application fees, but not necessarily in the overall ‘cost.’  The Utah application fee is only $49, which is valid for 5 years, the Arizona is $60 and is also valid for 5 years, while the Florida permit costs $112 for seven years. But the ‘price’ is not always the true cost.

The training requirement for the Florida and Arizona permits is a bit easier for most people; veterans and anyone taking the Illinois License to Carry training from an NRA Instructor (or any other NRA Instructor-led program) automatically qualify.

However, the Utah permit requires that you take a Utah-specific course that must be taught by a Utah Certified Instructor (though there are MANY certified here in Illinois, such as myself).  The cost of this class is usually $75 -$100, depending on the instructor, and covers Utah laws and basics of firearms safety, shooting and concealment.  

Where you are traveling and wish to carry is also a big factor, so let’s compare and contrast the differences in the states that honor the permit with the above information:

Utah

Florida

Arizona

Application Fee

$49

$112

$60

Valid for:

5 years

7 years

5 years

Tng Required

Utah-Specific Class

Any NRA Class

Any NRA Class

Tng Exemption

N/A

Military Service

Military Service

Number of States

31

30

30

Valid in Fla

NO

YES

NO

Valid in Minn

YES

NO

NO

Valid in New Mex

NO

YES

YES

Valid in Wash

YES

NO

NO

Valid in Wis

YES

NO

YES

States that Honor Each Permit: (Some states will honor a resident permit but NOT a non-resident permit.  This chart is for non-resident permits)

 

Utah

Florida

Arizona

Alabama

Alabama

Alabama

Alaska

Alaska

Alaska

Arizona

Arizona

Arizona

Arkansas

Arkansas

Arkansas

Delaware

Delaware

Delaware

Georgia

Florida

Georgia

Idaho

Georgia

Idaho

Indiana

Idaho

Indiana

Iowa

Indiana

Iowa

Kansas

Iowa

Kansas

Kentucky

Kansas

Kentucky

Louisiana

Kentucky

Louisiana

Minnesota

Louisiana

Mississippi

Mississippi

Mississippi

Missouri

Missouri

Missouri

Montana

Montana

Montana

Nebraska

Nebraska

Nebraska

New Mexico

North Carolina

New Mexico

North Carolina

North Dakota

North Carolina

North Dakota

Ohio

North Dakota

Ohio

Oklahoma

Ohio

Oklahoma

South Dakota

Oklahoma

South Dakota

Tennessee

South Dakota

Tennessee

Texas

Tennessee

Texas

Utah

Texas

Utah

Vermont

Utah

Vermont

Virginia

Vermont

Virginia

Washington

Virginia

West Virginia

West Virginia

West Virginia

Wisconsin

Wisconsin

Wyoming

Wyoming

Wyoming

   

 Here is the link to get a Florida Non Resident Permit Application:

http://www.freshfromflorida.com/Divisions-Offices/Licensing/Concealed-Weapon-License

 


Illinois Concealed Carry – Is it Really Worth It?

I hear a lot of people complaining about the “Prohibited Areas” where you are not allowed to Carry in Illinois and some people will even say “It’s not worth it.”  However, these people are looking at the hole instead of the donut, as a quick look at the law will easily prove.  It is DEFINITELY worth it to get your License to Carry!

Now don’t get me wrong; I would change the list of Prohibited Areas in a heartbeat if I could. But realistically, how many of the “22 Areas” are even relevant to most of us in our daily life? Let’s look.

First, it must be noted that the vehicle “Safe Harbor” provision allows us to carry (or keep our gun) in our car anywhere except Federal Facilities (and no state law can trump Federal Law).

So, which of the following Prohibited Areas is really unreasonable or will ‘cramp your style’ on a daily basis? I will venture a guess and say that few of us can complain too much about the first six:

  • Prisons
  • Courtrooms
  • State or Local Government Buildings,
  • Nuclear Facilities 
  • Airports

The next six Prohibited Areas is more likely to be objectionable to those of us who want to carry, but on a daily basis it is probably no big deal (make no mistake about it, I would change it if I could… But does it REALLY affect most of us on a daily basis?):

  • Bars (venues that make most of their money from serving alcohol)
  • Libraries
  • Zoos / Museums
  • Riverboat Casinos and Horse Racing tracks or betting parlors
  • Stadiums / Arenas

That leaves the following areas where I would think we would prioritize changing the law:

  • Parks and Playgrounds
  • Public Transportation
  • Public Permitted Events, like carnivals or festivals
  • Colleges and Schools
  • Childcare Facilities
  • Amusement Parks
  • Hospitals
  • Cook County Forest Preserves (sorry for those of you who live in Cook County)

All in all, the Illinois Law is a great leap forward and, while we need to continue to work to refine it, we want and need as many Illinoisans as possible to exercise their rights! The more that do, the louder our voice becomes and the better the laws will get.

Guns Prohibited