How can a person legally transport a firearm on themselves or in a vehicle?
Three statutory codes regulate the possession, transfer, and transportation of firearms – the Criminal Code, the Wildlife Code, and the Firearm Owner’s Identification Act.
Under Unlawful Use of Weapons (UUW) in the Criminal Code, persons who have been issued a valid FOID card may transport a firearm anywhere in their vehicle or on their person as long as the firearm is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container. Firearms that are not immediately accessible or are broken down in a non-functioning state may also be carried or transported under the Criminal Code. The Wildlife Code, however, is more restrictive. It requires that all firearms transported in or on any vehicle be unloaded and in a case. Because of this, it is recommended that, in order to be in compliance with all statutes, all firearms be transported:
1. Unloaded and,
2. Enclosed in a case, and
3. By persons who have a valid FOID card.
Unless specifically exempted from UUW, a person commits a Class 4 Felony if he or she violates the UUW law in the Criminal Code (i.e., unlawfully carries on their person or illegally transports a firearm in a vehicle) and one or more of the following aggravating factors apply:
(1) The firearm possessed was uncased, loaded, and immediately accessible at the time of the offense;
(2) The firearm possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense;
(3) Does not have a valid FOID card;
(4) Was previously adjudicated of a felony as a juvenile;
(5) Was engaged in a misdemeanor violation of the Cannabis Control Act or the Controlled Substances Act;
(6) Is a member of a street gang;
(7) Has had an order of protection against them in the last two years;
(8) Was engaged in the commission or attempted commission of a misdemeanor involving the use of violence against another person or the property of another; or
(9) Is under 21 years of age and in possession of a handgun, unless the person is engaged in hunting activities under the Wildlife Code.
If a person fails to zip up the case entirely, will he be guilty of a felony under Illinois law? No, as long as the firearm is unloaded, and none of the aggravating factors of the Unlawful Use of Weapons (UUW) law are present. The way to avoid this situation is to make sure firearm cases are completely zipped or otherwise completely fastened shut.
How can a person under Illinois law legally transport a firearm in his Sports Utility Vehicle (SUV), pickup truck, van, station wagon, or even a motorcycle? The surest way is to have the firearm unloaded and enclosed in a case and to make sure your FOID card is valid.
How does a person transport a firearm through an Illinois community with an ordinance that prohibits firearms or handguns? Illinois‘ Unlawful Use of Weapons law does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through such communities could be subject to local firearm ordinances. Federal law does attempt to provide limited protection in these circumstances, but when transporting firearms in unfamiliar communities, it is a good idea to check with authorities on local law.
If a nonresident is coming to Illinois to hunt and would like to bring their firearm, how do they transport it without violating Illinois law? Nonresidents must comply with the gun case law as described above. Additionally, the firearm must not be immediately accessible or must be broken down in a non-functioning state.
What if a person leaves a firearm in his vehicle (regardless of location) and a family member, without a valid FOID card, is driving the vehicle without the firearm owner and is stopped by police and the firearm is found? The law states a person must “knowingly” violate the law. The assumption in the question is that the family member was unaware of a firearm’s presence. However, at a traffic stop, you should expect the officer to handle the situation at face value, take enforcement action accordingly, and let the court settle the matter. Depending on the situation, the charge could be a Class 4 Felony. Don’t put a family member in that position. Another reason firearms should not be left laying around – it is illegal under Illinois law for any person to store or leave a firearm in a location accessible to a minor under the age of 14.
Is it illegal to have ammunition in the case with the firearm? No, if the firearm is unloaded and is properly enclosed in a case and the individual possessing the firearm and ammunition is in possession of a valid FOID card.
An Illinois resident has a friend who possesses a “conceal and carry” permit issued in the state in which he resides. Is the permit recognized under Illinois laws? No. Nonresidents are subject to Illinois law, restrictions, and penalties, and should be familiar with them if the nonresident plans to bring a firearm into the state.
