IL concealed carry law [Archive] - Glock Talk

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menmyglock
12-08-2007, 11:47
Interesting loophole in the IL laws. :dunno:
It does'nt appear it has been tested much and that some areas in IL are careful in how they are approaching this when confronted with a person carrying.
For those like myself who weren't aware of this, here is a link.

http://www.concealcarry.org/carrylegal.htm

isp2605
12-08-2007, 19:55
It hasn't been court tested at all.
First of all, "6 seconds to safety" is not a legal defense. So if one gets jammed up carrying and expects to use the phrase "6 seconds to safety" as a defense then they're going to be in for a big surprise. There's no legal basis for it. It's just a term coined by some to make it sound like it's a legit defense or some basis in law. It's not.
This "fanny pack carry" as it is usually called first came to the public light in about 2001. My agency got numerous calls from the public and other LEAs inquiring as to the legality of "fanny pack carry". To get a clear definitive answer we asked the IL Attorney General for a ruling so we could give an informative answer to the inquiries. The AG refused to give a response stating they would leave the interpretation to each of the state's attorneys offices. So we contacted every one of the 102 SAs. We got answers which ranged from "It's illegal and I will prosecute" to "It's legal and nothing to prosecute". However, the most prevelant response was "Bring me each incident and I will decide on a case by case basis." Not a very definitive answer and not much help to either the public or LEOs. So what you had was 1 county where the SA believes it was legal, an adjoining county where an SA believes it illegal and would prosecute and then another adjoining county where the SA might or might not depending on the case but wants the person charged and the firearm confiscated until the SA decides what to do. What 1 SA does has no bearing at all on what the other SAs in other counties do.
The AG has changed since that survey was conducted and quite a few of the SAs have changed. No survey has been conducted since the one in 2001 however I doubt the results would change much altho it might from county to county.
If someone in IL decides they want to try "fanny pack carry" then I recommend they contact the SA in every county where they intend to carry and get an opinion for that county. It's a whole lot cheaper to make a few phone calls than it is being a test case and taking the chance you might lose your case and end up with a felony conviction. Even if you win the test case it will be very expensive not to mention the aggravation and mental stress of awaiting trail.

menmyglock
12-09-2007, 10:35
It hasn't been court tested at all.
First of all, "6 seconds to safety" is not a legal defense. So if one gets jammed up carrying and expects to use the phrase "6 seconds to safety" as a defense then they're going to be in for a big surprise. There's no legal basis for it. It's just a term coined by some to make it sound like it's a legit defense or some basis in law. It's not.
This "fanny pack carry" as it is usually called first came to the public light in about 2001. My agency got numerous calls from the public and other LEAs inquiring as to the legality of "fanny pack carry". To get a clear definitive answer we asked the IL Attorney General for a ruling so we could give an informative answer to the inquiries. The AG refused to give a response stating they would leave the interpretation to each of the state's attorneys offices. So we contacted every one of the 102 SAs. We got answers which ranged from "It's illegal and I will prosecute" to "It's legal and nothing to prosecute". However, the most prevelant response was "Bring me each incident and I will decide on a case by case basis." Not a very definitive answer and not much help to either the public or LEOs. So what you had was 1 county where the SA believes it was legal, an adjoining county where an SA believes it illegal and would prosecute and then another adjoining county where the SA might or might not depending on the case but wants the person charged and the firearm confiscated until the SA decides what to do. What 1 SA does has no bearing at all on what the other SAs in other counties do.
The AG has changed since that survey was conducted and quite a few of the SAs have changed. No survey has been conducted since the one in 2001 however I doubt the results would change much altho it might from county to county.
If someone in IL decides they want to try "fanny pack carry" then I recommend they contact the SA in every county where they intend to carry and get an opinion for that county. It's a whole lot cheaper to make a few phone calls than it is being a test case and taking the chance you might lose your case and end up with a felony conviction. Even if you win the test case it will be very expensive not to mention the aggravation and mental stress of awaiting trail.


It appears to be discretionary, therefore I agree with you in that I and all should check with the local SA. I spoke to 3 LEO at a local restaurant the other day about transporting...they all said the gun could be in the glove box unloaded and put the ammo in the trunk.

I didn't mention I have a truck with a crew cab, with a compartment under the rear seat, so maybe that would pass.

I also would not want to test the law myself, wearing a Fanny pack, finding myself in court. I hope the laws in IL loosen up someday.

isp2605
12-09-2007, 16:52
I spoke to 3 LEO at a local restaurant the other day about transporting...they all said the gun could be in the glove box unloaded and put the ammo in the trunk. .

As long as it's in a case too. Doesn't matter where the ammo is stored. The ammo can be in the same case as the gun as long as it's not in the gun.

singlestacksig
12-09-2007, 17:32
It has been upheld in court..
http://www.icarry.org/modules.php?name=News&file=article&sid=318

isp2605
12-09-2007, 17:49
It has been upheld in court..
http://www.icarry.org/modules.php?name=News&file=article&sid=318
Sorry, but that's not "upheld in court." The charges were dismissed. Dismissing the charges is not the same as ruling guilty or not guilty. Dismissing charges occurs everyday in every county in IL.
Additionally, even if a circuit court does rule on the case, either way, that ruling has no bearing on any other court or judge, or even the same judge.

G19Wino
12-12-2007, 20:52
ISP2605, you have a thing for facts and accuracy and I like that.
Thank you for your posts.

isp2605
12-13-2007, 06:00
ISP2605, you have a thing for facts and accuracy and I like that.
Thank you for your posts.

Just trying to keep things straight. Too many rumors and false, erroneous info out there that keeps getting repeated and some people think they're facts. Bad info hurts us more than the truth.

sonofsarge
12-31-2007, 07:54
I was told by a State of Illinois Master Sargeant and a Madison County Sheriffs deputy, that they wanted 3 steps to possession. 1) ammo/mag in glove box. 2) gun in locked case. 3) case behind seat of my p/u. Also, preferred keys to case not on my person. I hate working in Illinois.