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Need help with Illinois gun laws.

Discussion in 'Legal & Political Archive' started by JRH Oregon, Jun 11, 2014.

  1. JRH Oregon

    JRH Oregon Oregon Active Member

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    Hey everyone,
    I will be traveling to Chicago in a few weeks for some training through work and I am trying to decipher the laws of the state. I realize that Ill does not have any reciprocity with other states but while looking through their statues I see a section that says if you are legally able to have a weapon in your state it is ok there. Please look over what I have underlined and changed to red, specifically subsection (B)(10) and let me know what you think. I understand that most of you are not lawyers and I will check it out further.

    (430 ILCS 65/2) (from Ch. 38, par. 83-2)Sec. 2. Firearm Owner's Identification Card required; exceptions. (a) (1) No person may acquire or possess any firearm,
    stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
    (2) No person may acquire or possess firearm
    ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
    (b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:

    (1) United States Marshals, while engaged in the
    operation of their official duties;
    (2) Members of the Armed Forces of the United States
    or the National Guard, while engaged in the operation of their official duties;
    (3) Federal officials required to carry firearms,
    while engaged in the operation of their official duties;
    (4) Members of bona fide veterans organizations which
    receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
    (5) Nonresident hunters during hunting season, with
    valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
    (6) Those hunters exempt from obtaining a hunting
    license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
    (7) Nonresidents while on a firing or shooting range
    recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
    (8) Nonresidents while at a firearm showing or
    display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
    (9) Nonresidents whose firearms are unloaded and
    enclosed in a case;
    (10) Nonresidents who are currently licensed or

    registered to possess a firearm in their resident state;

    (11) Unemancipated minors while in the custody and
    immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
    (12) Color guards of bona fide veterans organizations
    or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
    (13) Nonresident hunters whose state of residence
    does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;
    (14) Resident hunters who are properly authorized to
    hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled;
    (15) A person who is otherwise eligible to obtain a
    Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization; and
    (16) Competitive shooting athletes whose competition
    firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
    (c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties.
    (d) Any person who becomes a resident of this State, who is not otherwise prohibited from obtaining, possessing, or using a firearm or firearm ammunition, shall not be required to have a Firearm Owner's Identification Card to possess firearms or firearms ammunition until 60 calendar days after he or she obtains an Illinois driver's license or Illinois Identification Card.
    (Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)

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  2. John H

    John H Whatcom County Well-Known Member

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    Sorry nothing can be done with that :confused:
     
    Redcap and JRH Oregon like this.
  3. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    Here is your problem: "going to Illinois."
    Here is your worse problem: "going to Chicago."

    You have our sympathy.

    If you really think it is necessary, contact a lawyer there.

    My guess, a Republican has a better chance being elected mayor than you of getting a permit;
    This will apply to you: "No person may acquire or possess any firearm,"



    Oh, if you think then you'll carry a knife, the blade length is also restricted, something like 2in.
    http://www.knifeup.com/illinois-knife-law/
    http://chicagowarrior.blogspot.com/2012/08/way-of-warrior-responsible-knife.html
    You will see the 2 1/2 size, that is for owning. To carry concealed, such as in a pocket - the clip does not make it open carry - the size is shorter. Most stories also say the cops tend to confiscate and send you on your ways - but you probably haven't voted there, don't have any ability to do so and have not contributed to the GodFather.

    If I didn't mention this already, call a criminal defense lawyer in the city.
     
  4. JRH Oregon

    JRH Oregon Oregon Active Member

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    Awesome, sounds like I am SOL in the middle of the ghetto. Good thing bad guys follow the gun laws as well..... hahahahaha
     
  5. John H

    John H Whatcom County Well-Known Member

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    What about section B-10 ??
     
  6. Redcap

    Redcap Lewis County, WA Well-Known Member

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    You couldn't pay me enough to go to Chicago.
     
  7. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    I travel to Chicago and surrounding areas several times per year and have done so for many years. Downtown is the same as any other major US city. Don't mistake southside with the whole Chicago area. So specifically, in what part of the Chicago area will you be staying?
     
  8. Kid@Heart

    Kid@Heart Vancouver, USA Cynic Lifetime Supporter Diamond Supporter

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    Be really careful. Illinois State Law may be significantly different than City of Chicago laws without a preemption clause. I believe there have been fairly famous court cases where Chicago has refused to allow anyone to "Legally" own a handgun. Gone to the Supreme Court where the city was told it must allow ownership of handguns under the 2nd Amendment. Chicago has ignored the decision and continued to prohibit ownership.

    However,

    If you have unlimited resources and wish to challenge this in court, let my grandchildren know how that works out for you.
     
    JRH Oregon likes this.
  9. JRH Oregon

    JRH Oregon Oregon Active Member

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    I will actually be in Elgin off airport rd. I am going to the Bystronics facillity for training on the new CNC laser that the shop just purchased.
     
  10. JRH Oregon

    JRH Oregon Oregon Active Member

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    I just prefer to have my sidearm on me whether I need it or not. Doesn't look like I should bring it though.
     
  11. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    Elgin is nothing like Chicago. You're basically on the edge of rural America. If you can, try to get downtown. There are a ton of things to do in Chicago. You can take in a Cubs game, or tour the Willis (Sears) tower, take an architectural boat tour, walk downtown and see the sights, including "the bean". Sounds like you may be there in time for The Taste of Chicago. The Navy Pier is also fun for some folks. If you can swing it, a group fishing trip for walleye or perch on Lake Michigan can be a blast. I personally like the museum of science and industry. I remember, that as a kid, parents would drop us off in the morning and we would promise to meet them on the steps at closing time.

    I grew up in a small town in eastern Iowa and going to Chicago was quite the treat. Be sure to sample the specialty foods that are best enjoyed in Chicago such as, Uno's Pizza, a Chicago hot dog, and my all time favorite, a good old fashioned pork tenderloin sandwich.

    Don't fear the trip. I think that you'll be surprised with the people and the area.

    Now - a word about that casino in Elgin, I think that I've paid for the third chandelier on the left in the main ballroom!
     
    JRH Oregon likes this.
  12. JRH Oregon

    JRH Oregon Oregon Active Member

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    I hear you buddy, I am not "scared" just don't always hear good things about Chicago. I plan on seeing some things while I am there and I will definitely be trying some of the food there. I would love to do a fishing trip but I will be in training most of the day and I won't be there for the weekend.

    As far as the casino goes, I should probably stay away otherwise I might be helping out with the next remodel as well, haha.