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Old 06-06-2014, 20:03   #1
cdog533
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Questions on Vehicle CCW (Illinois)

For our new (finally) CCW law here in Illinois, there doesn't seem to be a clear consensus on whether a firearm you are wearing MUST be concealed in your vehicle. OR if just being in the vehicle with you makes a firearm de facto concealed.

Here is the language straight from the act: "Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

My specific scenario (like many others I'm sure) is that I often wear a pistol in the 3 o'clock position, typically covered by a jacket. When I get in the car, I take OFF the jacket. Now the firearm (at least part of it) is exposed. Am I still legal?

Other twists on this:

- Typically, I carry IWB, which to me is still "mostly" concealed. Thoughts?

- If I am carrying in a typical belt-slide OWB holster, is that less legal somehow?

- Sometimes a shoulder holster would work be nice. The pistol wouldn't really be visible to other drivers but the rig would. Less legal?

My questions are really directed at how an LEO would see my legality in the event I was pulled over or had LEO contact. Or on the off-chance some hippie civilian called the state police because they saw my sidearm whilst looking into my car from their soccer-mom SUV.

My non-legal opinion of the act's language would be that I am NOT required to conceal the pistol in my car -- simply being in car with me makes the firearm, by definition of the act, concealed. However, the act does say (in bold if they used bold) specifically NO OPEN CARRY.

Anyone have thoughts or experience on this issue? I am really hoping there might be an Illinois LEO's in here that can comment on this as well.
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Old 06-06-2014, 20:25   #2
TK-421
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That depends on what their definition of "mostly concealed" is. This is the kind of question where you need to consult a lawyer who is well versed in these matters, rather than the people of GT.
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Old 06-07-2014, 08:33   #3
vafish
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I am not a lawyer, but the way I read that it say "or on or about the person" as you describe carry in the vehicle it is on or about your person.

posted from my stupid smart phone, please excuse any spelling mistakes.
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Old 06-08-2014, 05:26   #4
04fxsts
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The advice I give as an Illinois CCW instructor would be that the handgun should be concealed. If you can't get comfortable with it holstered while driving it should still be concealed from view. Say if you are pulled over for traffic with your windows down by two cops that walk up to opposite sides of your car. Niether should be able to see your firearm. It could be in the console or on the seat with a coat over it as long as it is concealed. This is not legal advice, only my understanding of what will keep you safe. Jim.
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Old 06-08-2014, 05:34   #5
BL33D 4 M3
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Quote:
Originally Posted by 04fxsts View Post
The advice I give as an Illinois CCW instructor would be that the handgun should be concealed. If you can't get comfortable with it holstered while driving it should still be concealed from view. Say if you are pulled over for traffic with your windows down by two cops that walk up to opposite sides of your car. Niether should be able to see your firearm. It could be in the console or on the seat with a coat over it as long as it is concealed. This is not legal advice, only my understanding of what will keep you safe. Jim.
I agree with this and would add that if you intend to have your pistol laying unsecured on a seat or elsewhere in your vehicle that you should consider informing the officer about it. Although you are not required unless asked, it could inadvertently become visible to the officer during the contact and cause unnecessary alarm.
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Old 06-08-2014, 05:40   #6
birda40
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Keep a shirt buttoned or T covering at all times. I'm no lawyer but I think they are touching base on printing but o course thier language is so wide and so many counties are different, it's hard. Chicago has a certain amount of rounds and Cook County has 10 I think. I believe they are doing a good job of keeping every one confuzzled.
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Old 06-08-2014, 07:46   #7
Bruce M
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This might be one of those issues that needs to be decided by case law. I would pass on being the one who had to have it litigated as case law.
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Old 06-08-2014, 08:15   #8
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Having spent 20 long years in Illinois and seeing how messed up their laws are, I wouldn't take any chances. Cover it up somehow and let someone else be the guinea pig.
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Old 06-08-2014, 08:47   #9
todd_g
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The way it sounds to me is it needs to be concealed is some fashion.
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Old 06-08-2014, 14:56   #10
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The "mostly concealed" language is to prevent a person from being arrested for printing or for a momentary exposure. For example, taking your coat off and the shirt rides up or reaching for something on the top shelf at a store and a shirt rides up. It has also been made clear by those "in the know" that the bottom of a holster exposed is still legal.


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