Posted: 5/2/2010 6:39:39 PM EDT
| Is it illegal to carry a loaded magazine on your person if you have a foid? |
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From what I have researched loaded mags are fine, and even OK without an FOID - as long as you have an out-of-state residence and DL.
Unloaded magazines in a firearm with an empty chamber are fine (as long as they're enclosed in a case/container/etc) Unloaded magazines in a firearm with a loaded chamber, and loaded magazines in a firearm with an empty chamber are not OK, enclosed in a case or not. |
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A magazine with ammo contained is the same as any other container of ammo. IL residents have to have a FOID to possess ammo.
15 to 20 years ago an anti-gun State Police administration propagated an opinion that a magazine with ammo should be considered the same as a loaded firearm. This ended up in the IL SC which declared that a magazine with ammo IS NOT a loaded firearm (as long as it's not inserted into a firearm). A few clueless/misinformed folks continue to claim that magazines with ammo are illegal, but the issue was decided over a decade ago. |
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Quoted:
Loaded gun in a vehicle, no matter where it is located, cased, locked, not legal. Ammo in a box, bag, mag, speed loader, ok <Insert AGNTSA guy here> 
While I'm sure there are LEO's and DA's out there that would love to charge someone with it (after all, prosecution doesn't come with a bill ), according to the statute 720 ILCS 5/24:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
(Text of Section from P.A. 96-41) Sec. 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 or fixed place of business 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; In other words - according to this statute and obviously referencing an FOID holding resident or non-resident who is legally able to possess firearms: Uncased firearms within the passenger compartment: A gun that is in a functioning state (not broken down), "immediately accessible" (uncased inside the passenger compartment), not enclosed in a case and loaded (loaded magazine in the weapon, chambered round) and does meet the criteria for UUW. A gun that is in a functioning state (not broken down), "immediately accessible" (uncased inside the passenger compartment), not enclosed in a case and loaded (loaded magazine in the weapon, empty chamber) and does meet the criteria for UUW. A gun that is not in a functioning state (broken down), "immediately accessible" (uncased inside the passenger compartment) not enclosed in a case is does not meet the criteria for UUW. (“broken down in a non functioning state”) Cased firearms within the passenger compartment: A gun that is in a functioning state (not broken down), enclosed in a case but loaded (loaded magazine in the weapon, chambered round) does meet the criteria for UUW, if the case is "immediately accessible" (inside the passenger compartment). A gun that is in a functioning state (not broken down), enclosed in a case but loaded (loaded magazine in the weapon, empty chamber) does meet the criteria for UUW if the case is "immediately accessible" (inside the passenger compartment). A gun that is in a functioning state (not broken down), enclosed in a case but is unloaded (unloaded magazine in the weapon, empty chamber) does not meet the criteria for UUW. (“unloaded and enclosed in a case”, “not immediately accessible") A gun that is in a functioning state (not broken down), enclosed in a case but is unloaded (loaded magazine not in the weapon, empty chamber) does not meet the criteria for UUW. (“unloaded and enclosed in a case”, “not immediately accessible") A gun that is in a functioning state (not broken down) but is "unloaded and enclosed in a case" does not meet the criteria for UUW. (“unloaded and enclosed in a case”, "not immediately accessible") A gun that is in a "non-functioning state" (broken down) but is "unloaded and enclosed in a case" does not meet the criteria for UUW. (“unloaded and enclosed in a case”, "not immediately accessible", “broken down in a non functioning state”) Firearms in the trunk: A gun that is "not immediately accessible" (trunk) in a functioning state, enclosed in a case but is unloaded does not meet the criteria for UUW (not "immediately accessible") A gun that is "not immediately accessible" (trunk) in a functioning state, not enclosed in a case but is unloaded does not meet the criteria for UUW (not "immediately accessible") A gun that is "not immediately accessible" (trunk) in a functioning state, enclosed in a case but is loaded (loaded magazine in the weapon, chambered round) does not meet the criteria for UUW. (not "immediately accessible") A gun that is "not immediately accessible" (trunk) in a functioning state, not enclosed in a case but is loaded (loaded magazine in the weapon, chambered round) does not meet the criteria for UUW. (not "immediately accessible") A gun that is "not immediately accessible" (trunk) in a functioning state, enclosed in a case but is loaded (loaded magazine in the weapon, empty chamber) does not meet the criteria for UUW. (not "immediately accessible") A gun that is "not immediately accessible" (trunk) in a functioning state, not enclosed in a case but is loaded (loaded magazine in the weapon, empty chamber) does not meet the criteria for UUW. (not "immediately accessible") In a trunk it doesn't matter, since it's not only cased, but not immediately accessible. A firearm does not have to meet all three conditions (non-functioning, not immediately accessible, unloaded in a case) to meet the criteria, only one. Disclaimer - Not an attorney and don't play one on TV. Not saying there isn't some enthusiastic soul out there who wouldn't bust you for UUW with a gun that was not only broken down, in a case and in your trunk, but that was incapable of being operated, if only to "get another gun off teh streez". This is only addressing this statute, not the wildlife code. While our mutual friends at the ISP reference it on their "firearms info" page I'd love to see someone charged under it while not hunting or otherwise occupied in the taking of game, legally, illegally or otherwise. Of course, we all know how the ISP administration feels about RKBA... just like our politicians... it's great for cops...and "conservators". 
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Quoted:
Ask 10 LEOs to define "immediately accessible" and see the different opinions. Too true. There are cops I know that say that within arm's reach is "immediately accessible", others who would include areas outside arm's reach but within the passenger compartment (the backseat) and ones who would include the trunk, if there was a remote latch. Of course, while the first two might stand scrutiny, the fact that you have to operate the latch, operate the door to the car, exit the vehicle then proceed to the rear of the vehicle should be more than enough to persuade a finding against anything being "immediate" for a driver seated in the vehicle. I suppose it depends on what the definition of "is" is... 
Quoted:
Too many "nots" in all that language.  Well, it's a "notty" problem. 
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