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Traveling with guns question

bpostbpost Member Posts: 32,669 ✭✭✭✭
edited September 2020 in General Discussion
I am giving my son a few guns to take back to WA State.  He is pulling a camper with his truck.  Is there any issues traveling through Illinois or any other state on the way with handguns and rifles?  They will not be in the cab, will be in cases, handguns will have trigger locks and ammo in separate containers.

Comments

  • GrasshopperGrasshopper Member Posts: 17,047 ✭✭✭✭
    In Illinois as the way he is carrying them he is good to go. BTW, go through without buying gas cause it's cheaper in every state around us. A lot.
  • love2shootlove2shoot Member Posts: 577 ✭✭✭
    You can carry loaded in your vehicle in IL, just dont get out with it.
  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    Bruce, I think that you were unclear; your son owns guns that he was storing at your house, & he is taking his guns home.  No transfer was involved, if I understand the situation.
    Yes, there is a federal law that permits you to travel interstate with your guns.  But, that law does not protect gun owners who pass through DC, NJ, NYC, & probably a few other places.  I would minimize risk by locking all firearms & ammo in steel containers bolted to the vehicle/trailer.  "Exigent circumstances" laws permit certain public officials to search your vehicle in all states.
    Neal
  • Smitty500magSmitty500mag Member Posts: 13,623 ✭✭✭✭
    Tell him to make sure all his taillights, running lights, brake lights, head lights etc. are working and don't speed or do anything stupid while driving and he won't have to worry about getting pulled over.
  • nononsensenononsense Member Posts: 10,928 ✭✭✭✭
    While Federal Law permits transportation of firearms under specific instances, it is the INDIVIDUAL STATES which can have an impact on your traveling lawfully. There are whole books written about the and listing the specific laws. Trying to solve this question quickly and easily on a public is more difficult than you might guess. It's not all 'yes/no' answers. I suggest doing a search for the actual laws which govern the States he will be traveling through. Here's a general article to start:
     
    Failing to be aware and compliant with State laws can and will land in more legal trouble than you can imagine. Plan your route and research the individual states.
    Know your rights but it's more important to know the individual states laws. Some states are merciless in their prosecution of some 'law breakers'!

    Best.

  • SCOUT5SCOUT5 Member Posts: 16,181 ✭✭✭✭
    edited September 2020
    When I go through Illinois I have my guns unloaded and in a locked case/cases.  The ammunition is in a separate locked case/cases.   If driving a car all cases are in the trunk.   If driving my truck  (extended cab) I put them in the  back seat.   I used to lock the ammunition in the top storage of my dog box but I no longer have that box.

    I fill up the tank in Indiana and so not fill up again until Iowa, reverse for coming home.   The only thing I leave in Ill is when I stop for a whiz.
  • Toolman286Toolman286 Member Posts: 3,254 ✭✭✭✭
    I would lock them in a box in the truck & burry it under the pile. Homak boxes are cheap insurance. Ammo in the trailer. You never know what can happen to the trailer. Federal law is supposed to cover him so long as they were legal in the state where he started & finished.
  • chmechme Member Posts: 1,471 ✭✭✭✭
    DISCLAIMER- I am NOT a lawyer (Mom & Dad were married to each other, so I don't qualify)
    The Federal law is known as the Peaceable Journey Act.  It is written so that it overides any state law- but New York never learned to read.  Here is what the law says:

    18 U.S. Code § 926A.Interstate transportation of firearms

    • Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    In a nutshell, unload it, case it separate from the ammo, would unload any loaded magazines.  LOCK it in the trunk.  LEAVE IT in the trunk until you get to where you are going.    Or lock them in the camper.  

    Safe travels to your son with the firearms HE HAD STORED WITH YOU.   
  • GrasshopperGrasshopper Member Posts: 17,047 ✭✭✭✭
    After reading some comments, LAND OF THE FREE? 
  • love2shootlove2shoot Member Posts: 577 ✭✭✭

    If you have a CCW license (ID Card) for your home state, you can carry all the way through Illinois, you just can't get out of your vehicle with it on you. So gas up before you hit IL.  You must have a permit in your home state!

    https://www.ispfsb.com/Public/AboutTheAct.aspx

    430 ILCS 66/40

    (e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:


    (1) is not prohibited from owning or possessing a firearm under federal law;


    (2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and


    (3) Is not in possession of a license under this Act.
    If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.


    (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)


    Regarding traffic stops and non-residents:

    (h) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection

     

     (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection, and identify the location of the concealed firearm. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h).






  • love2shootlove2shoot Member Posts: 577 ✭✭✭
    edited September 2020
    Pertaining to the above comment, I cannot believe anyone on this forum would not have a permit for their home state.
  • discusdaddiscusdad Member Posts: 11,427 ✭✭✭✭
    just a clarification of sorts for Illinois.  a holster does not constitute a case.  even a flap/snap closer.. a case shall mean a fully enclosed[not readily accessible] that is FULLY zipped, buttoned, or other way of FULLY enclosing the weapon.  nothing may be visible to the normal viewing..  ammo must not be stored in the same case as the weapon.  store in separate locations as practical..oh  ,  in case the unthinkable happens---guns stolen---contact authorities immediately  don't delay.  recent changes in illinois law can make an otherwise legal gun owner liable if that stolen gun[unreported in timely fashion] gets used in a crime.  so  its a wise idea to have all serial numbers and descriptions for all your weapons--traveling or homebound.  Illinois has had strict transportation requirements ever since the FOID came in.
  • nononsensenononsense Member Posts: 10,928 ✭✭✭✭
    Pertaining to the above comment, I cannot believe anyone on this forum would not have a permit for their home state.
    Constitutional Carry and Shall Issue to Residents and Non-Residents:
    Arizona, Arkansas, Idaho, Kansas, Kentucky, Maine, Mississippi, Missouri, New Hampshire, North Dakota, South Dakota.
    Arizona is a Constitutional Carry State.
    Does Arizona issue concealed weapon permits?

    Yes, even though Arizona has passed a new “Arizona Constitutional Carry” law that went into effect on July 29, 2010. This law means that as long as you are legally able to own a firearm and is 21 year of age or older, you can carry concealed in the State of Arizona without a concealed weapon permit. You still must abide by all concealed carry laws and off limit signs.

    Even with this new Constitutional Carry law, Arizona still issues Concealed Weapon Permits. Arizona is a Shall Issue State and issues concealed weapon permits to residents of Arizona as well as out-of-state/non-residents. Shall Issue means that the Arizona Department of Public Safety must issue you a permit even after meeting all requirements for an Arizona Handgun Permit.
    Here are the rest of the details:

    Best.


  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited September 2020
    A forum member went through Ohio in 2010. Had a firearm in his car, got pulled over for whatever reason.

    The outcome...after months...
    Plead "no contest" to 1st class misdemeanor CCW violation.
    Sentence 3 years unsupervised probation, $250 fine, forfeiture of weapon.
    Total cost of exercising your 2nd amendment "right"  $11,325
    The rest were lawyer fees.

    Laws may have changed.

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