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post #1 of 30 (permalink) Old 12-03-2009, 09:59 PM Thread Starter
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gun carry question in Illinois

Is it true that a unloaded gun can be carried in this state ?

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post #2 of 30 (permalink) Old 12-03-2009, 10:44 PM
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Yes, in a "container". Don't do it in the city though.
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post #3 of 30 (permalink) Old 12-03-2009, 10:52 PM
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guy got busted for it btw, turned into a legal debacle and abuse of rights. etc.

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post #4 of 30 (permalink) Old 12-04-2009, 12:10 AM Thread Starter
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Originally Posted by srobak View Post
Yes, in a "container". Don't do it in the city though.
define ''container'' .

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post #5 of 30 (permalink) Old 12-04-2009, 08:19 AM
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Quote:
Originally Posted by STANIMAL View Post
define ''container'' .
Ask the cop that pulls you over, they will all have a diffrent definition.

The simple andswer to your question is NO, there is no legal CARRY in Illinois even if unloaded. There are several legal ways to TRANSPORT.

Start here

http://www.ilga.gov/legislation/ilcs...ode+of+1961%2E

then go here for other answers
http://www.isp.state.il.us/foid/firearms.cfm


The big thing is state law does not supercede locoal ordanaces. Watch your ass and remember, it's all up to the intepretation of the officer on the scene. You may b ein the right but what's it gonna cost you to prove it. Be smart and don't carry on your person. Transport within the law.

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post #6 of 30 (permalink) Old 12-04-2009, 08:25 AM
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its only legal if you dont get caught.

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post #7 of 30 (permalink) Old 12-04-2009, 08:28 AM
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Quote:
Originally Posted by MoparBoyy View Post
its only legal if you dont get caught.
I guess that's another way to look at it.

How many people know that's The Stig in your avitar?

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post #8 of 30 (permalink) Old 12-04-2009, 08:44 AM
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I guess that's another way to look at it.

How many people know that's The Stig in your avitar?


I thought JRobbins was the stig ?


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post #9 of 30 (permalink) Old 12-04-2009, 08:51 AM
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How many people know that's The Stig in your avitar?
Probably every man here.

That said, who can tell WHICH The Stig it is?

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post #10 of 30 (permalink) Old 12-04-2009, 08:56 AM
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Quote:
Originally Posted by FiReBReTHa View Post
guy got busted for it btw, turned into a legal debacle and abuse of rights. etc.
Yep, and it was won in favor of the guy transporting.

Quote:
Originally Posted by STANIMAL View Post
define ''container'' .
A sealed enclosure which incorporates everything from a fanny pack or backpack to a gun case to a safe. So long as it can be completely closed and encapsulate the unloaded firearm.

Quote:
Originally Posted by Ofc. Ponch View Post
Ask the cop that pulls you over, they will all have a diffrent definition.
The officers definition needs to be that of the state. This is why it was suggested by Concealed Carry Inc/Org to carry the legal definition arising from the above case with you, should you opt to "transport". I have the case notes and findings somewhere on my other computer at home and will try and dig it up.
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post #11 of 30 (permalink) Old 12-04-2009, 09:06 AM
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Quote:
Originally Posted by srobak View Post
Yep, and it was won in favor of the guy transporting.
that story should have never happened.

another sign of bullshit. man learns the law and gets taken advantage of by it.

I wish there was the capacity to sue for lost income etc etc.

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post #12 of 30 (permalink) Old 12-04-2009, 09:14 AM
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Quote:
Originally Posted by srobak View Post
Yep, and it was won in favor of the guy transporting.



A sealed enclosure which incorporates everything from a fanny pack or backpack to a gun case to a safe. So long as it can be completely closed and encapsulate the unloaded firearm.



The officers definition needs to be that of the state. This is why it was suggested by Concealed Carry Inc/Org to carry the legal definition arising from the above case with you, should you opt to "transport". I have the case notes and findings somewhere on my other computer at home and will try and dig it up.

By your own statement, " NEEDS TO BE" but always isnt. Thus it's the interpretation that counts as it's whats gonna land your ass in jail or not. You can dig up whatever you like, I'm not here to debate would of been could of been should of been. I'm here to tell you FACT. And he fact is untill everyone is on the same page as far as law enforcemnt goes your at the mercy of the cop in your face.

CC.org can have all the legal down, but a website is gonna do you no good when your sitting in a cell.

Do what you like, at the end of the day it's the individual's ass in the hot seat.

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post #13 of 30 (permalink) Old 12-04-2009, 10:06 AM
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found another link that may be helpful. right on the front page talks about legally carrying in IL.

good luck! lol

http://www.concealcarry.org/illinois-carry/

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post #14 of 30 (permalink) Old 12-04-2009, 10:20 AM
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Quote:
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good luck! Lol
+1,023,465

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post #15 of 30 (permalink) Old 12-04-2009, 10:55 AM
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Quote:
Originally Posted by MoparBoyy View Post
found another link that may be helpful. right on the front page talks about legally carrying in IL.

good luck! lol

http://www.concealcarry.org/illinois-carry/
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post #16 of 30 (permalink) Old 12-04-2009, 11:06 AM
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Quote:
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And he fact is untill everyone is on the same page as far as law enforcemnt goes your at the mercy of the cop in your face.
You help put them on the same page by providing them with the exact letter statute which you then demonstrate compliance with. It is pretty sad when the public has to inform officers as to the letter of the law. It was actually quite shocking to me when I first joined the sheriff's department as to how little law most of the officers actually knew - and didn't act on their own interpretations of the law - but what they thought the law was. I harped on my guys pretty hard about it.

Quote:
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CC.org can have all the legal down, but a website is gonna do you no good when your sitting in a cell.
Really? I guess that's why they would bail folks out that were in compliance and wrongly arrested, and fund their legal defense from donations. That's how these cases went to court to begin with. They did plenty of good, and got legal definitions clarified in points of law. Specifically what MoparBoy posted a link to.
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post #17 of 30 (permalink) Old 12-04-2009, 11:26 AM
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Quote:
Originally Posted by srobak View Post
You help put them on the same page by providing them with the exact letter statute which you then demonstrate compliance with.

There are many laws out there that are cut and dry that many new and old beat cops try and put their spin on, so as ood as your intentions may be untill you can remove the human factor from the person wearing the badge your utopian world will never be.


Quote:
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It is pretty sad when the public has to inform officers as to the letter of the law.

Take your pick of profession, very few experts exist in a specific field and then even if they are well vesed they have to execute.

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It was actually quite shocking to me when I first joined the sheriff's department as to how little law most of the officers actually knew - and didn't act on their own interpretations of the law - but what they thought the law was. I harped on my guys pretty hard about it..
Still nothing earth shattering that you've wrote. Just a lot of you liking to read what you type. But that's ok, soap boxes are a plenty on CLSB.


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Really? ..
Yes! I'm for real!


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I guess that's why they would bail folks out that were in compliance and wrongly arrested, and fund their legal defense from donations.
That's GREAT! And how much time do you need to spend in a cell waiting for bail? and how much time is wasted in the courtroom, and your record is now in jeapordy, etc....

Dont get me wrong, if your obeying the law and get burned that's fucked up, but if you want to be the marter who fights the law just to prove a point......... by all means you get what you deserve. Do it the right way in the courtroom and not like a cowboy. but if anyone wants to go the Joan of Arch route by all means go ahead. As a matter of fact PM me your measurments and i will build you a solid OAK cross for you to carry and get nailed to you in your quest.


Quote:
Originally Posted by srobak View Post
That's how these cases went to court to begin with.
Blame your judicial system if that's not were they started, cause the stand should have been made there. If your LE you should know these things, you swore to uphold these laws.


Quote:
Originally Posted by srobak View Post
They did plenty of good, and got legal definitions clarified in points of law.
revert back to point 1. All worthless due to interpretation and execution at the officer level

Quote:
Originally Posted by srobak View Post
Specifically what MoparBoy posted a link to.
You want a cookie Mopar? To bad, I'm all out!

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post #18 of 30 (permalink) Old 12-04-2009, 11:44 AM
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but if anyone wants to go the Joan of Arch route by all means go ahead.
Not sure if that was intentional or not, but it cracked me up.
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post #19 of 30 (permalink) Old 12-04-2009, 11:45 AM
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post #20 of 30 (permalink) Old 12-04-2009, 11:51 AM
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Not sure if that was intentional or not, but it cracked me up.

I'm a catholic boy, I know it's Arc. I throw shit like that in my posts sometimes just to see if anyone reads them! LOL.

We could build an arch outta wood and hang someone in it if the cross thing is a no go!

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post #21 of 30 (permalink) Old 12-04-2009, 11:54 AM
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I figured you were making some kind of pun in regards to our member Arch, not a physical arch.
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post #22 of 30 (permalink) Old 12-04-2009, 11:56 AM
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post #23 of 30 (permalink) Old 12-04-2009, 12:09 PM
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That's GREAT! And how much time do you need to spend in a cell waiting for bail? and how much time is wasted in the courtroom, and your record is now in jeapordy, etc....

Dont get me wrong, if your obeying the law and get burned that's fucked up, but if you want to be the marter who fights the law just to prove a point......... by all means you get what you deserve. Do it the right way in the courtroom and not like a cowboy. but if anyone wants to go the Joan of Arch route by all means go ahead. As a matter of fact PM me your measurments and i will build you a solid OAK cross for you to carry and get nailed to you in your quest.

That about sums it up right there.

How much time and money is it going to cost you to prove you're right?
If you want to be that person, go for it. I can not afford to, so I wont risk it.

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post #24 of 30 (permalink) Old 12-04-2009, 06:09 PM Thread Starter
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Thanks for all the info .

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post #25 of 30 (permalink) Old 12-04-2009, 06:16 PM
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post #26 of 30 (permalink) Old 12-06-2009, 02:08 PM
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I have a buddy who owned a $5,000 fake suppressor. Cop thought it was a real suppressor and he got arrested. The $5,000 price tag comes from legal fees. Lost his job due to being locked up. I also have two friends who have each been arrested and charged with UUW (unlawful use of weapon) for having unloaded weapons in the cab of pickup trucks. Cop determined it was immediately accessible. Both were dismissed in the end, but they still got processed and had to bail out.

Remember, cops can arrest you for whatever they feel like if they think they have cause. States Attorneys can charge you for unlawful use of a weapon if they feel they may have a case, no matter how thin. It's up to a judge or jury to decide you're "innocent".

There's a LOT of case law about transporting firearms so don't think for one minute that how YOU interpret the law on transporting is how the legal system actually sees the law. This interpretation may vary district to district, depending on the actual cases that have been tried.

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post #27 of 30 (permalink) Old 12-06-2009, 06:59 PM Thread Starter
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I have a buddy who owned a $5,000 fake suppressor. Cop thought it was a real suppressor and he got arrested. The $5,000 price tag comes from legal fees. Lost his job due to being locked up. I also have two friends who have each been arrested and charged with UUW (unlawful use of weapon) for having unloaded weapons in the cab of pickup trucks. Cop determined it was immediately accessible. Both were dismissed in the end, but they still got processed and had to bail out.

Remember, cops can arrest you for whatever they feel like if they think they have cause. States Attorneys can charge you for unlawful use of a weapon if they feel they may have a case, no matter how thin. It's up to a judge or jury to decide you're "innocent".

There's a LOT of case law about transporting firearms so don't think for one minute that how YOU interpret the law on transporting is how the legal system actually sees the law. This interpretation may vary district to district, depending on the actual cases that have been tried.
So what you are saying is that this state sucks . Hard to belive the cops here are so dumb that they dont know how to interpret the laws.

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post #28 of 30 (permalink) Old 12-06-2009, 08:40 PM
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post #29 of 30 (permalink) Old 12-07-2009, 01:45 AM
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So what you are saying is that this state sucks . Hard to belive the cops here are so dumb that they dont know how to interpret the laws.
If you were a cop, and your job depended on you choosing to bust a guy with guns stashed in his car, or letting him roll...You'd opt for busting him, because you know the Sargent, and the Courts would back YOU the police officer up.

I don't in any way fault a cop for erring on the side of overly cautious, it's his job (egos and tough guy cop issues ignored). So I won't give him any reason to want to bust me.

I remember I had a cop that had a complete fit because I had a small practice bow and some arrows rattling around the floor of the back seat my car. He kept threatening to haul me in for having a weapon at hand, siting possible road rage and all this stuff. I was upset at first and I said "oh, yeah, me and my girlfriend here are going to go all Dukes of Hazzard, she's going to stick her arse out the window and start plinking other drivers with a bow and arrow while I bust fences and jump creeks". Stupid, but whatever, I knew he was right and he was being overly cautious because that's his job. So I backed up and said, hows about I throw it in the trunk?

If it were a gun, I'd have been in deep shit.

Similar story I heard recently, a guy was saying he's glad he got his wife an FOID because he was showing some Scouts how to make a waterproof match container by sliding two empty shotgun shells, one into another...and his wife got pulled over on the drive home. The cop seeing empty shotgun shells in the mini-van was all set to haul her in for transporting ammo without an FOID...no joke, hauled in for empty shotgun shells. This was right at the AMC theater in Warrenville.

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post #30 of 30 (permalink) Old 12-07-2009, 07:49 AM
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Join Date: Jul 2009
Location: Delavan IL
Posts: 105
Location: Delavan IL
Sportbike: Ducati 1098S
Years Riding: 3
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Quote:
Originally Posted by STANIMAL View Post
So what you are saying is that this state sucks . Hard to belive the cops here are so dumb that they dont know how to interpret the laws.
Cops don't go to law school to become cops. They don't KNOW all of the laws any more than you or I, let alone how to interpret them or how they have been interpreted by courts in the past. "Case Law" is formed by judge's verdicts - "such & such versus such & such". Precidents are set which influence future verdicts in that district or lower districts. This is how you can end up with a verdict in one region of the state that wouldn't fly in another. Appelate courts are the same, it's not until something hits the supreme court that it can realistically be applied to EVERY future decision, and usually those are about some minor nuance of interpretation.

It's so convoluted and fucked up, and ever-changing, that no-one has any realistic chance of understanding how it all fits together. Cops have a job to do and that job doesn't involve spending a great deal of time reading legal briefs to figure things out. That's the states attorney's job. They just bring people in they think are doing bad things, book them, and let the state take it from there.

Quote:
Originally Posted by HDTony View Post
Bill Brady for Govenor
Fuck that.

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