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JTHunter
Corporal


Joined: Mar 16, 2010
Posts: 525
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Posted:
Tue Jul 03, 2012 11:54 pm |
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I am trying to find information on what the courts here in Illinois have ruled as "container carry" and what is required.
What I'm particularly interested in is if, when the gun is in its "container" (center console, glovebox, fanny pack, etc.), does the speed-loader or magazine have to be in a separate container? Can the speed-loader or magazine be IN the same container, just not in the gun?
If anybody has a link to this information, please post it.
Thanks! |
_________________ “Small minds adhere to the letter of the law; great minds dispense Justice.” - - Oliver Wendell Holmes |
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Dave
Member Gold


Joined: Jan 24, 2010
Posts: 158
Location: Fort Atkinson, Wi
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Posted:
Wed Jul 04, 2012 5:25 pm |
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In container carry the ammo can be in the same container, but not in weapon. Mag loaded, speed loader loaded but not in weapon. In Diggins vs Illinois (page 3 and 4) it was ruled that a glove box, console is a container or case. In Chicago, that may be something else again, as they interpet the law different. Hope this helps. |
_________________ \"Gun bans don\'t disarm criminals, gun bans attract them.\" Walter Mondale, Former Vice President, and U.S. Ambassador to Japan
Member: NRA, ISRA, USCCA, Second Admendment Foundation, Icarry |
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Frank
Private


Joined: Apr 07, 2010
Posts: 152
Location: Deerfield Illinois
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Posted:
Wed Jul 04, 2012 5:37 pm |
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Quote "In Chicago, that may be something else again, as they interpet the law different."
So very true. |
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TylerH
Member Founders Club


Joined: Dec 12, 2007
Posts: 4436
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Posted:
Wed Jul 04, 2012 6:13 pm |
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Ammo can be in the same container and in a mag. Check the faq on the ILSP website |
_________________ "It will be found an unjust and unwise jealousy to deprive a man of his natural liberty upon the supposition he may abuse it." Oliver Cromwell |
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JTHunter
Corporal


Joined: Mar 16, 2010
Posts: 525
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Posted:
Wed Jul 04, 2012 10:39 pm |
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Thanks for the info.
I was at a "meet & greet" for some GOP candidates the other day and we wre discussing that. They thought the ammo had to be in a different location, such as gun in center console, mag in glovebox. I thought it was OK to have them together as long as not "in" the gun. I just needed help to find out where the info could be found.
Thanks again! |
_________________ “Small minds adhere to the letter of the law; great minds dispense Justice.” - - Oliver Wendell Holmes |
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TylerH
Member Founders Club


Joined: Dec 12, 2007
Posts: 4436
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Posted:
Thu Jul 05, 2012 12:28 am |
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Local municipalities could restrict it further |
_________________ "It will be found an unjust and unwise jealousy to deprive a man of his natural liberty upon the supposition he may abuse it." Oliver Cromwell |
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DownhomeCharley
Corporal


Joined: Jul 26, 2010
Posts: 623
Location: Peoria County,IL
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Posted:
Fri Jul 06, 2012 9:10 am |
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If any municipality enacts/enforces a law that is contradictory to the U.S. Constitution.., they should lose any/all federal government assistance! Opps, I forgot!!! The federal government needs a leader before that could ever happen! |
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JTHunter
Corporal


Joined: Mar 16, 2010
Posts: 525
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Posted:
Wed Sep 26, 2012 11:10 pm |
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Here's a link that might be of interest. It is the FAQ's on the ISP website and has the info about "container carry" about half way down the page.
(text below link)
http://www.isp.state.il.us/foid/firearmsfaq.cfm
How can I legally transport a firearm on my person or in my vehicle?
There is more than one way to legally transport a firearm. However, in order to be in compliance with all statutes, it is recommended all firearms be transported:
Unloaded,
Enclosed in a case and,
By persons who have a valid FOID card.
What constitutes a legal "case" for transporting a firearm?
The Criminal Code refers to "a case, firearm carrying box, shipping box, or other container." However, the Wildlife Code is more specific, defining case as "a container specifically designed for the purpose of housing a gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped, snapped, buckled, tied, or otherwise fastened with no portion of the gun or bow and arrow device exposed." |
_________________ “Small minds adhere to the letter of the law; great minds dispense Justice.” - - Oliver Wendell Holmes |
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junglebob
Corporal


Joined: Sep 09, 2005
Posts: 547
Location: Southern Illinois
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Posted:
Sun Sep 30, 2012 5:31 pm |
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I understand that transportation requirements under the wildlife code have recently changed to mirror Illinois transport law. |
_________________ Disarming the people (is) the best and most effectual way to enslave them. George Mason
Remember the 1991 Luby Cafeteria Massacre of the Unarmed (Killeen, Texas before Texas Concealed Carry) Do we need 23 people to die in a similar incident before we |
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DownhomeCharley
Corporal


Joined: Jul 26, 2010
Posts: 623
Location: Peoria County,IL
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Posted:
Sun Sep 30, 2012 6:48 pm |
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What it boils down to is that you may transport a firearm as long as it is unloaded, if the ammunition and firearm are placed in such a position as to render aforementioned firearm TOTALLY USELESS in the event you are assaulted/attacked or threatened by one or more individuals intent on causing serious physical injury or death. |
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Bobc
Member Founders Club


Joined: Dec 03, 2008
Posts: 355
Location: Prospect Heights
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Posted:
Tue Oct 02, 2012 9:05 pm |
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DownHomeCharlie tells it like it is! |
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DownhomeCharley
Corporal


Joined: Jul 26, 2010
Posts: 623
Location: Peoria County,IL
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Posted:
Wed Oct 03, 2012 2:23 pm |
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That was a mouthful!!! I got a little short of breath just typing that line. |
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URITraining
Initiate


Joined: Mar 05, 2011
Posts: 38
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Posted:
Fri Oct 05, 2012 8:49 am |
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SiliconSorcerer
Corporal


Joined: Jul 20, 2007
Posts: 871
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Posted:
Fri Oct 05, 2012 10:58 am |
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The big problem that still exists, if your not willing to plan for legal fees don't push the envelope. That's just sad... |
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6010rocks
Lieutenant


Joined: Nov 12, 2009
Posts: 2429
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Posted:
Sat Oct 06, 2012 1:49 am |
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| SiliconSorcerer wrote: |
| The big problem that still exists, if your not willing to plan for legal fees don't push the envelope. That's just sad... |
yep.. technically I could carry a small pistol in my pocket if it's in a ziplock bag and unloaded. but bad idea |
_________________ Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides |
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