Posted: 4/22/2011 8:42:32 AM EDT
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I have a house that I need to inspect once in awhile. It is my house and I used to live there. All of my ID and FOID is addressed to this house. The area is bad.
I want to carry as well as I lawfuly can. My vehicle has a consul between the front seats. May I lawfuly store for transport my unloaded and cased handgun with speed loaders or magazines in that consul? Once I arrive at the house, pull in the driveway may I load and CCW on the property including the yard? Thanks For Your Time VonBark |
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I have a house that I need to inspect once in awhile. It is my house and I used to live there. All of my ID and FOID is addressed to this house. The area is bad. I want to carry as well as I lawfuly can. My vehicle has a consul between the front seats. May I lawfuly store for transport my unloaded and cased handgun with speed loaders or magazines in that consul? Once I arrive at the house, pull in the driveway may I load and CCW on the property including the yard? Thanks For Your Time VonBark I think everything you have asked is perfectly legal. However, I am not sure. Check this link: http://www.isp.state.il.us/docs/transgun0-000.pdf |
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That's what I did when I was in your exact same situation with my rental property.
Transported unloaded and enclosed in a case, then once you are on your own land, fixed place of business, or abode, you can lock n' load (and presumably holster). 720 ILCS 5/24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly: [SNIP] (4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own 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, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions: (i) are broken down in a non‑functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; Some people argue that keeping loaded magazines in the case constitutes having the gun itself "loaded" but given that the Illinois State Police's own publication (FAQ) said it is legal, I've never worried about it much, although it's always possible to run into uninformed police. BTW, it's "console." A "consul" is like a diplomat or a magistrate. |
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If the console has a lid that "encloses" it you shouldn't need to have a separate case for the firearm, as the console meets the definition as per People v. Diggins (PDF).
As long as the firearm is unloaded (that is no rounds in the chamber or any magazine contained within or attached to the firearm) you should be GTG as far as the law is concerned. Loaded mags within the same "case or container" is fine. ETA - standard disclaimer - I'm not an attorney and this advice and the Statutes as codified in the State of Illinois doesn't mean that some cop with an attitude won't arrest you for his "interpretation" of the law. YMMV. |
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I have a house that I need to inspect once in awhile. It is my house and I used to live there. All of my ID and FOID is addressed to this house. The area is bad. I want to carry as well as I lawfuly can. My vehicle has a consul between the front seats. May I lawfuly store for transport my unloaded and cased handgun with speed loaders or magazines in that consul? Once I arrive at the house, pull in the driveway may I load and CCW on the property including the yard? Thanks For Your Time VonBark You are legal to transport in the way you described. You can have loaded magazines or speed loaders inside the case with the firearm. Pick up a copy of the Transport Your Firearm Legally pamphlet from the Illinois State Police or print a copy from their website. If you are inside a residence you own and a local ordinance does not prohibit it, state law allows you to carry a loaded firearm inside the residence you are inspecting if the occupants do not have a problem with it. If the residence is not occupied, you can carry a loaded concealed firearm while on the property. As far as the Diggins case goes, they are trying the case again and the Peoria County State's Attorney's office has every intention of sending him to prison. The local buzz is that he will go to prison. There is also a bill in the legislature that would add language to the Unlawful Use of Weapons and Aggravated Unlawful Use of Weapons statutes requiring that the firearm must be enclosed in a case as defined by the Illinois Wildlife Code. Contact the Senator and State Representative in your local district and remind them that you support the concealed carry bill that is currently being debated on the House floor. One more telephone call might make the difference. |
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I have a house that I need to inspect once in awhile. It is my house and I used to live there. All of my ID and FOID is addressed to this house. The area is bad. I want to carry as well as I lawfuly can. My vehicle has a consul between the front seats. May I lawfuly store for transport my unloaded and cased handgun with speed loaders or magazines in that consul? Once I arrive at the house, pull in the driveway may I load and CCW on the property including the yard? Thanks For Your Time VonBark You are legal to transport in the way you described. You can have loaded magazines or speed loaders inside the case with the firearm. Pick up a copy of the Transport Your Firearm Legally pamphlet from the Illinois State Police or print a copy from their website. If you are inside a residence you own and a local ordinance does not prohibit it, state law allows you to carry a loaded firearm inside the residence you are inspecting if the occupants do not have a problem with it. If the residence is not occupied, you can carry a loaded concealed firearm while on the property. As far as the Diggins case goes, they are trying the case again and the Peoria County State's Attorney's office has every intention of sending him to prison. The local buzz is that he will go to prison. There is also a bill in the legislature that would add language to the Unlawful Use of Weapons and Aggravated Unlawful Use of Weapons statutes requiring that the firearm must be enclosed in a case as defined by the Illinois Wildlife Code. Contact the Senator and State Representative in your local district and remind them that you support the concealed carry bill that is currently being debated on the House floor. One more telephone call might make the difference. Ummmm...You sure about that ? because I do believe that would be quite illegal. His case was dismissed after being remanded back from the supreme court..... |
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you know after reading that link above about the Diggins case, it just adds more (at least for me) how stupid this state is...
the last page of the ruling Our determination that the center console is a “case” within the meaning of section 24–1.6(c)(iii) does not end this case. A factual question remains as to whether the exception is applicable based on whether the firearms at issue here were “enclosed” in the center console. For this reason, we remand the matter to the circuit court for a new trial.
In light of our decision, we must consider whether a new trial would subject defendant to double jeopardy. See People v. Jones, 175 Ill. 2d 126, 134 (1997); People v. McDonald, 125 Ill. 2d 182, 20 (1988). Officer Boland testified that the console was ajar; defendant and his passenger testified it was closed. Viewing the evidence in the light most favorable to the prosecution, it is possible that the jury could have believed Officer Boland’s testimony over that of defendant and his passenger. Accordingly, we find there was sufficient evidence from which the jury could have found defendant guilty beyond a reasonable doubt and, thus, double jeopardy does not preclude a new trial. See People v. Hope, 116 Ill. 2d 265, 279 (1986). However, we note that nothing in our opinion should be construed as a finding regarding defendant’s guilt that would be binding upon remand. |
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I have a house that I need to inspect once in awhile. It is my house and I used to live there. All of my ID and FOID is addressed to this house. The area is bad. I want to carry as well as I lawfuly can. My vehicle has a consul between the front seats. May I lawfuly store for transport my unloaded and cased handgun with speed loaders or magazines in that consul? Once I arrive at the house, pull in the driveway may I load and CCW on the property including the yard? Thanks For Your Time VonBark You are legal to transport in the way you described. You can have loaded magazines or speed loaders inside the case with the firearm. Pick up a copy of the Transport Your Firearm Legally pamphlet from the Illinois State Police or print a copy from their website. If you are inside a residence you own and a local ordinance does not prohibit it, state law allows you to carry a loaded firearm inside the residence you are inspecting if the occupants do not have a problem with it. If the residence is not occupied, you can carry a loaded concealed firearm while on the property. As far as the Diggins case goes, they are trying the case again and the Peoria County State's Attorney's office has every intention of sending him to prison. The local buzz is that he will go to prison. There is also a bill in the legislature that would add language to the Unlawful Use of Weapons and Aggravated Unlawful Use of Weapons statutes requiring that the firearm must be enclosed in a case as defined by the Illinois Wildlife Code. Contact the Senator and State Representative in your local district and remind them that you support the concealed carry bill that is currently being debated on the House floor. One more telephone call might make the difference. Ummmm...You sure about that ? because I do believe that would be quite illegal. His case was dismissed after being remanded back from the supreme court..... The case was remanded back to the circuit court in Peoria County. The case is being tried again. |
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The case was remanded back to the circuit court in Peoria County. The case is being tried again. CRISIS! THE STATE'S GOING BROKE BECAUSE OF PUBLIC EMPLOYEE PENSIONS!!!! CRISIS! THE STATE'S GOING BROKE, SO WE HAVE TO SHUT DOWN ALL THE "NON-ESSENTIAL" AGENCIES LIKE DNR AND DMV (but keep WIC open)!!! CRISIS! THE STATE'S GOING BROKE, SO WE NEED TO JACK UP YOUR TAXES TO AMONG THE HIGHEST IN THE COUNTRY!!!! What? Re-file a RKBA case that was already tossed by the State Supreme Court? Spare no expense! Fixed Legal Briefs Forward!!! 
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The Illinois Supreme Court sent the Diggins case back to Peoria County.
I spoke to someone in Springfield who works with lobbyists and he told me there is a bill to add language to the weapons statutes requiring a firearm case to meet the definition of a firearm case described in the Illinois Wildlife Code. He also said that the Senators and Representatives are busy as little beavers and have proposed over 6,000 bills so far this year. |
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The case was remanded back to the circuit court in Peoria County. The case is being tried again. CRISIS! THE STATE'S GOING BROKE BECAUSE OF PUBLIC EMPLOYEE PENSIONS!!!! CRISIS! THE STATE'S GOING BROKE, SO WE HAVE TO SHUT DOWN ALL THE "NON-ESSENTIAL" AGENCIES LIKE DNR AND DMV (but keep WIC open)!!! CRISIS! THE STATE'S GOING BROKE, SO WE NEED TO JACK UP YOUR TAXES TO AMONG THE HIGHEST IN THE COUNTRY!!!! What? Re-file a RKBA case that was already tossed by the State Supreme Court? Spare no expense! Fixed Legal Briefs Forward!!! THIS... |
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The Illinois Supreme Court sent the Diggins case back to Peoria County. I spoke to someone in Springfield who works with lobbyists and he told me there is a bill to add language to the weapons statutes requiring a firearm case to meet the definition of a firearm case described in the Illinois Wildlife Code. He also said that the Senators and Representatives are busy as little beavers and have proposed over 6,000 bills so far this year. Yeah, that's HB3634 introduced back in February from our buddy "Handgun" Harry Osterman. the former director of ICHV. It's been read x2 and sent back to Rules. ETA - A retread of HB5849 introduced by Harry in '10, And that was an improvement on the 2010 bill that simply excluded vehicle compartments by Chupa LaVia HB5172 |
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you know after reading that link above about the Diggins case, it just adds more (at least for me) how stupid this state is... the last page of the ruling Our determination that the center console is a “case” within the meaning of section 24–1.6(c)(iii) does not end this case. A factual question remains as to whether the exception is applicable based on whether the firearms at issue here were “enclosed” in the center console. For this reason, we remand the matter to the circuit court for a new trial.
In light of our decision, we must consider whether a new trial would subject defendant to double jeopardy. See People v. Jones, 175 Ill. 2d 126, 134 (1997); People v. McDonald, 125 Ill. 2d 182, 20 (1988). Officer Boland testified that the console was ajar; defendant and his passenger testified it was closed. Viewing the evidence in the light most favorable to the prosecution, it is possible that the jury could have believed Officer Boland’s testimony over that of defendant and his passenger. Accordingly, we find there was sufficient evidence from which the jury could have found defendant guilty beyond a reasonable doubt and, thus, double jeopardy does not preclude a new trial. See People v. Hope, 116 Ill. 2d 265, 279 (1986). However, we note that nothing in our opinion should be construed as a finding regarding defendant’s guilt that would be binding upon remand. I have to agree.... This state is F'd up.....We need Mike Holmes to come in here & tear the whole place down & re-build it. |
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That's what I did when I was in your exact same situation with my rental property. Transported unloaded and enclosed in a case, then once you are on your own land, fixed place of business, or abode, you can lock n' load (and presumably holster). 720 ILCS 5/24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly: [SNIP] (4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own 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, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions: (i) are broken down in a non‑functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; Some people argue that keeping loaded magazines in the case constitutes having the gun itself "loaded" but given that the Illinois State Police's own publication (FAQ) said it is legal, I've never worried about it much, although it's always possible to run into uninformed police. BTW, it's "console." A "consul" is like a diplomat or a magistrate. 23 of 25 law enforcment officers are unaware that ammunition can be carried in the same case as the firearm. 23 of 25 have arrested gun owners, impounded vehicles, and confiscated firearms because magazines/ammo were inside the firearms case. After thos actiona, they were still unaware it was legal (which means IF it got thrown out, no one told anybody on the street) There isnt a State's Attorney in Iliinois who answers to the ISP Publications Office. Coook County, Peoria County, Saline County, and Grundy County would produce four different results. Go out of your way to be legal even though it is bullshit, and remember, if you have a gun that is useful in Illinois, it's illegal. Oh, and I think i'ts been covered, but the diggins case doesn't say a console is a case, it says the law is unclear and you have to retry him if you want to persecute him for this. |
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Oh, and I think i'ts been covered, but the diggins case doesn't say a console is a case, it says the law is unclear and you have to retry him if you want to persecute him for this.
I don't think that is correct. The Diggins Court did, in fact, rule that a console is a "case," but the matter was remanded on the issue of whether that console/case was latched or closed. The R/O said it was open. The Defendant and a witness testified that it was closed/latched. This is a question of fact for a jury to decide. Moreover, Diggins is not only still good law as of today, it is precendent. It was followed in People v. Holmes, 2011 WL 1314672 (Ill.). Full disclosure: I'm not an attorney, I am a litigation paralegal (whatever that may be worth). |
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Yes, the Console is a case as long as it has a lid on it...Ammo can be stored in with the gun as long as it is not in the gun.
Either carry the pamphlet from the ISP or print it out from the ISP web site. This doesn't mean you won't get grief or arrested from an ignorant LEO...But, you will win any challenge to this law. Must have valid freakin foid. |
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Yes, the Console is a case as long as it has a lid on it...Ammo can be stored in with the gun as long as it is not in the gun. Either carry the pamphlet from the ISP or print it out from the ISP web site. This doesn't mean you won't get grief or arrested from an ignorant LEO...But, you will win any challenge to this law. Must have valid freakin foid. This When I was a cop, I believe the law was no ammo in the same case & it had to be out of reach of the driver. They have since changed that, but I do not remember when. I'm sure there are plenty of coppers out there who still believe this still applies. |
| I was told by someone who works with lobbyists in Springfield that a bill was proposed to amend Unlawful Use of Weapons and Aggravated Unlawful Use of Weapons. The bill will add language that the firearm must be enclosed in a case as defined by the Illinois Wildlife Code. My source tells me the bill has support and he believes it will become law. |
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Yes, the Console is a case as long as it has a lid on it...Ammo can be stored in with the gun as long as it is not in the gun. Either carry the pamphlet from the ISP or print it out from the ISP web site. This doesn't mean you won't get grief or arrested from an ignorant LEO...But, you will win any challenge to this law. Must have valid freakin foid. This When I was a cop, I believe the law was no ammo in the same case & it had to be out of reach of the driver. They have since changed that, but I do not remember when. I'm sure there are plenty of coppers out there who still believe this still applies. Nope, not the case. The law has been unchanged for a LONG time. It's just common belief that the ammo should be separate. The ILSC was the one that recently clarified that the console is a case. Another example of a common misconception becoming SOP. In Indiana, many LEO's believe that you can carry a handgun unloaded in a case in the trunk. The actual law states that you must have a License to Carry a Handgun to transport a handgun anywhere (except to gunsmith). A law was passed this session to fix this (carry to the range without a license), but this is another example of common belief being wrong. |
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I was told by someone who works with lobbyists in Springfield that a bill was proposed to amend Unlawful Use of Weapons and Aggravated Unlawful Use of Weapons. The bill will add language that the firearm must be enclosed in a case as defined by the Illinois Wildlife Code. My source tells me the bill has support and he believes it will become law.There was a bill introduced:
There was a bill introduced: Synopsis As Introduced
Amends the Criminal Code of 1961. In provisions creating exemptions to the offenses of unlawful use of weapons and aggravated unlawful use of a weapon for transported weapons, requires the weapons to be "unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms" (rather than "unloaded and enclosed in a case, firearm carrying box, shipping box, or other container"). Provides that it is a Class 1 felony to sell or give a firearm to a person whom the seller or giver knows is a street gang member. Effective immediately. It didn't get any legs and for now isn't going anywhere! |
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I was told by someone who works with lobbyists in Springfield that a bill was proposed to amend Unlawful Use of Weapons and Aggravated Unlawful Use of Weapons. The bill will add language that the firearm must be enclosed in a case as defined by the Illinois Wildlife Code. My source tells me the bill has support and he believes it will become law.There was a bill introduced:
There was a bill introduced: Synopsis As Introduced
Amends the Criminal Code of 1961. In provisions creating exemptions to the offenses of unlawful use of weapons and aggravated unlawful use of a weapon for transported weapons, requires the weapons to be "unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms" (rather than "unloaded and enclosed in a case, firearm carrying box, shipping box, or other container"). Provides that it is a Class 1 felony to sell or give a firearm to a person whom the seller or giver knows is a street gang member. Effective immediately. It didn't get any legs and for now isn't going anywhere! Yeah - that's the work of the former ICHV director Osterman - he introduces it every session or so. |
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I drove to Peoria County Courthouse and completed a Freedom of Information Act request as a private citizen. I reviewed the Diggins file and learned the Aggravated Unlawful Use of Weapon case was dismissed at the request of the State's Attorney's Office. I asked around the courthouse and found out that even if Diggins were tried again and found guilty, he would not have served any more time. If found guilty his sentence would have been satisfied by the time he already served in prison on the other criminal charges, so it would have been pointless to try him again. This may not be a case that the pro firearms community wants to push to argue for more reasonable firearm laws.
Getting back to VonBarkyBuckBuck's question, I believe it would be legal for him to carry a concealed firearm on his person while on property he owns. |
| unloaded firearm in your console is perfectly legal. had this discussion at Easter dinner about the Diggins case with my uncle, who is the States Attorney of Tazwell county. He said he would throw out any case were someone had been arrested for carrying an unloaded firearm in a "case" that includes the fanny pack carry. |
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unloaded firearm in your console is perfectly legal. had this discussion at Easter dinner about the Diggins case with my uncle, who is the States Attorney of Tazwell county. He said he would throw out any case were someone had been arrested for carrying an unloaded firearm in a "case" that includes the fanny pack carry. Shame there are assholes like Dickie Devine who have said they would and his replacement Anita Alvarez who AFAIK is continuing the policy. 
ETA - of course his comment was pre-Heller and McDonald, so... (I'm still not betting she'd offer a warm reception unless it was under camera lights for "busting another dangerous gun owner") |