pulled over in IL with my handgun headed to KS....

Discussion in 'Firearms' started by luke0927, Nov 22, 2010.

  1. luke0927

    luke0927 New Member

    754
    0
    0
    posted this on GON since I was headed hunting figured I'd throw it over here too.


    Well headed to KS last week...got to love a speed trap right into IL from Kentucky....I was still going 80 and it dropped to a 65 "speedamainia 65" is what he called it I didn't argue but onto the firearms...

    Him- "You going hunting"
    Me- "yes"
    H- "shotguns, locked unloaded?"
    M-"yes under back seat" (we were in a truck guns in soft case I never mentioned they weren't in hardcase with locks)
    H- "you don't have any handguns or rifles do you?"
    M- "we'll mater fact I do have a hand gun here"
    H- "you know IL is a no CCW state blah blah"
    H- "where is it at"
    M- "in the console here I have my GWL and just passing through IL"
    H-"let me see it (gun), you have a carry license in GA, let me see it too"
    M- ( I was a little nervous here he was asking me to pull it out) "ok just take it easy I joked"

    I handed it to him he pulled and racked the slide. (luckily I stopped for gas right before the line and unloaded and put the mag in the dash being in a truck its not like i could lock it in the truck so I was hopping this would suffice if something like this happend; and I'm glad I did if I had left it hot he might thrown a conniption fit. He sees the mag is gone and its unloaded, he ask for the mag and wants to see it...then talks a little more I tell him I'm just passing through and can carry everywhere else on my way he hands it back goes and runs my DL...gives me my ticket and lets me go on. Glad it went as well as it did and he didn't try and run the SN or anything like that....

    I just can't see how anyone can live in such and anti firearm state like IL big deer or not its truly an anti liberty state and i made sure to not spend a dime driving through it. although they will get my $120 ticket (they also had about 3 pulled over after i topped the hill and pulled 2 more over while i was sitting there....motorcycle cop shooting laser and the cars pulling people over down the road).
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

    27,321
    611
    113
    Two (plus one more) comments:

    1--- I'm not too familiar with Illinois state law, but do they have reciprocity with Georgia? Did your GWL give you the right to carry there, or was it just something that the officer used to give you a break and not charge you with any Illinois gun law violations?

    2-- Or was it the Firearms Owners Protection Act of 1986 that exempted you in this situation, so you didn't have to follow IL state law as you transported your unloaded and locked-up gun from a state where it was legal (that's why the cop asked for your Georgia permit) to some other state (Kansas, in this case) where it would also be legal?

    3-- Since some states issues one kind of permit to buy or own a handgun, and another kind of permit to carry one, I wish the GFL/ GWL would specifically say that it is a "carry" permit, and furthermore that it permits carrying open or concealed, in all places and locations not specifically mentioned in the law as off-limits. That way cops from other jurisdictions would see that a GFL really is "the" carry permit used in Georgia.
     

  3. luke0927

    luke0927 New Member

    754
    0
    0
    IL does not issue any CCW type permit so will not honor anyones, and you have to have some card ( I believe its called FOID) before you can buy a firearm and must have it on you when you carry a handgun or ammo, not sure what kind of approvals you have to go through to get that. They are just very anti gun...you should have all guns unloaded, locked, and separated of ammo. I did not have my pistol locked so thats where I was wondering if he would have anything to say about it....all in all it was OK, i have heard of a couple case in the last few weeks up in the NJ/NY area of folks from out of state facing serious charge for having a handgun where they were legal in there home state but in violation of NJ law....It really has laws that should place it up in the NE not the midwest I guess Chicago runs the whole state.

    edit. looks like MP and me posted at the same time, looks like I was covered in the console. but would hope a LEO would a brain would excuse it anywhere as long as it was unloaded and separate from ammo.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,014
    1,419
    113
    http://www.handgunlaw.us/states/illinois.pdf

     
  5. JiG

    JiG Awaiting censure

    7,204
    7
    38
    Sounds like he was covered under the Safe Passage provision of FOPA.
     
  6. cpelliott

    cpelliott New Member

    670
    0
    0
    Doesn't look like he would have been covered for the handgun in the center console. For the safe passage provision, everything has to be in the trunk. In a vehicle without a trunk, the guns still have to be in a locked container.

    Illinois may consider the center console OK for people with a FOID, but the OP didn't appear to have one.
    If I had the misfortune of driving through Illinois, I would comply very carefully with FOPA. Another officer could have taken the OP to jail to face felony charges.
     
  7. AeroShooter

    AeroShooter Active Member

    6,313
    2
    38
    Of course, the obvious question is this: why were you talking to the police.
     
  8. Match10

    Match10 Active Member

    6,922
    4
    38
    Yes, those motorcycles in the shadows of the trees and the boys hiding over the hill in the center are really thick in there. There were 22 in the first 15 miles when I went through in October.

    I unload, unload magazines, unload speedloaders, and case my carry weapons. Since I have no vehicle with a trunk, they are tossed in with my rifles in the back seat and I have not had a problem yet. Of course, I have not had to stop and pay obiesance to the trolls there in a long time. Good to know I can now use my center console!

    Had you had loaded magazines, I believe you would have had trouble....
     
  9. Fallschirmjäger

    Fallschirmjäger I watch the watchers

    12,835
    62
    48
    Unless firearms were visibly uncased and open to view - -

    Him- "You going hunting"
    Me- "....."
    Him- "Pardon me, sir, I said "Are You Going Hunting? Are you transporting weapons, sir?"
    Me- "... ... ... "

    Just me, but I would've covered anything that might make someone 'inquisitive' with an old blanket or at least something.
     
  10. Savvy Jack

    Savvy Jack Banned

    9,358
    1
    0

    Too far away from DKing, I think I will just stay away from IL.
     
  11. fmlaw1

    fmlaw1 Active Member

    3,721
    0
    36
    Metropolis, IL?

    When driving through the Kalifornia of the Midwest, four rules for me:

    1. Unloaded, and
    2. Enclosed in a case, and
    3. Not immediately accessible
    4. Swing WIDE and stay outside Chicago city limits

    We drive an SUV with a 10" platform in the cargo area. Dog crates above. The shotgun is broken down and encased; the handguns are encased, action open, mag alongside. Nothing visible under the platform unless hatch is opened.

    Oh, and I pray before my trip. The only law that matters is the law as it is interpreted by the LEO that you are in front of at the time. Everything else is secondary at that point, until later.

    I am very glad things went well for you, $120 donation to a financially (and morally) bankrupt Illinois. Hope the hunting was good.
     
  12. Match10

    Match10 Active Member

    6,922
    4
    38
    Soooo..... :wink: Sp,eone else recognises that stretch as well? :shattered:
     
  13. GAGunOwner

    GAGunOwner Active Member

    The OP talked WAY TOO MUCH about guns to the police especially for a place like Illinois.
     
  14. luke0927

    luke0927 New Member

    754
    0
    0
    Thats why I posted this, in GA I would have awnsered I don't have any illegal items in my vehicle but being there and trying to get on my way i didn't fill like being pulled out and would have been search anyways he new we were going hunting and had guns. I guess I was a little more intimidated by being out of my home range. I had my grandpa and friend in the truck and wanted to get on down the road but now looking back i see it would have probalby been better to just say nothing and have my ticket wrote out but being in an unfamiliar place got the best of me i guess. He was ok with everything and glad it went as well as it did but see where it could have been better, juts makes me wonder how he would have acted it i would have refused to speak at all and he knew i had firearms.
     
  15. fmlaw1

    fmlaw1 Active Member

    3,721
    0
    36
    Never been stopped in IL, but, I do all I can to avoid ANY stops in IL, while spending the least amount of drive-time there. I just assume they are going to do something like this. I only have to be wrong once.
     
  16. Match10

    Match10 Active Member

    6,922
    4
    38
    I gas up south of Paducah, empty the bilge, and do not stop until The Arch. It kills me to pass by the starbucks on the west side of Illinois, but one does have to make sacrifices!
     
  17. fmlaw1

    fmlaw1 Active Member

    3,721
    0
    36
    On our way to WI, we might stop in Merrilville, IN (Aladdin Pita) for lunch and strong coffee - then drive AROUND Chi(ster) Town.
     
  18. cpelliott

    cpelliott New Member

    670
    0
    0
    If you have an Illinois FOID this is true. If you don't have one and you want safe passage protection under federal law, the center console is off limits.
     
  19. luke0927

    luke0927 New Member

    754
    0
    0

    thats the funny thing he saw me put it back in the console and said it was fine as long as the mag was seperate....I guess by having the GWL it made the difference, if bet if I didn't have a GWL it would have been a bigger issue.
     
  20. GAGunOwner

    GAGunOwner Active Member

    I don't think that the GWL is honored in any way in Ill-annoy.

    It appears that the officer considered your GWL to be a de facto FOID. However, he could have probably arrested you.