Chicago laws

[Guest jth_3s]

They don’t because they don’t want their students to go to jail.

I have to laugh every time I see that video posted. In real life that would not have ended the way it did in that video.

Go to jail for what? I think making Law Enforcement obey the 4th amendment of the Constitution is a right every American should exercise.

[DaveTN]

Go to jail for what?

Possession.

I think making Law Enforcement obey the 4th amendment of the Constitution is a right every American should exercise.

Sure but having them demonstrate to you how they can search your vehicle and put you in jail without violating your rights is just dumber than hell.

If parents are going to teach their kids they owe them the benefit of good information. That is only part of the video. If that is the only part you have seen, you need to watch the rest. The Bozo in the back is obviously stoned and there is a bag of weed in the car. If you teach your kids to do what is done in that video; you are doing them a great disservice. There is PC for a search all over that case.

[DavidD]

There is PC for a search all over that case.

I always thought the same thing Dave. Couldn't the officer just say he smelled marijuana?

[DaveTN]

I always thought the same thing Dave. Couldn't the officer just say he smelled marijuana?

He doesn’t need to lie or make anything up.

If I saw the guy that was obviously high, and the driver locked the doors I would know what was going on. Now the only question is are they going to jail or not.

I had this happen a bunch. If they are cooperative I might let them call Dad and Mom and turn it over to them…. No criminal record.

If they want to play lawyer they better know the law. They are going to get a lesson in search and seizure and it probably isn’t going to end well for them…. Criminal record.

I did a lot of stupid stuff in my day and I tried to give kids a break if I could. But if liquor or drugs were involved; the parents came and got them or they went to jail… most of the time it was their call.

Once that call goes out.. “Dispatch, send me a K-9.â€â€¦ its game over. I couldn’t let them go then.

Back on topic….

I take a truck load of guns to Illinois when I go. (But I’m not going to Chicago) None of the FOID stuff applies to you if you are an out of state resident. You can buy ammo on your HCP, but I’m pretty sure the clerk at Wal-Mart won’t know that.

As far as Illinois state law goes you just need to make sure the guns are unloaded and inaccessible. If they are searching your car; you already have problems.

I don’t know if the Chicago city ordinance allows out of state residents to legally transport handguns in their cars or not.

Edited February 5, 2010 by DaveTN

[Smith]

That video is designed to try and show people who are obviously breaking the law how not to get caught. That just rubs me the wrong way. I do agree with the not consenting to a search, but that video irritates me every time I see it.

[Guest faust921]

Yeah, forget what I said. Tell the cop you have a permit and stand on the side of the road in Chicago rush our traffic in your dockers and get sprayed by slush for 50 minutes so the cop can get some overtime and solve the crime of the century. At the end, your prized Kimber II Ultra Compact Super Carry Ducktail Deluxe .45 goes to the meltdown bin.

Did I say anything about pot?

[DaveTN]

Yeah, forget what I said. Tell the cop you have a permit and stand on the side of the road in Chicago rush our traffic in your dockers and get sprayed by slush for 50 minutes so the cop can get some overtime and solve the crime of the century. At the end, your prized Kimber II Ultra Compact Super Carry Ducktail Deluxe .45 goes to the meltdown bin.

Your permit is meaningless in Illinois, why are you telling a cop you have a permit? If you are carrying illegally you have choices to make at the point he asks for permission to search. If you are not breaking any laws you have nothing to worry about; refuse a search if he asks and then let him do whatever he is going to do.

You would need to find out if you can transport your weapon legally through Chicago. If Chicago is your destination I would guess that you can’t have a handgun in your car period.

Did I say anything about pot?

It’s a key element of the video you linked. You linked it and gave your opinion that you should always refuse a search. I gave my opinion that in real life the potential was there for the car to be towed and the three kids arrested on pot charges. My point was that if you have nothing illegal in your car, refuse, and let what happens happen. But if you have something illegal in the car, you need to think very carefully about what comes out of your mouth; it could a severe impact on your future.

[Tempest455]

Sounds like I'm not even going to chance it. I will have my kids with me and will be in a company vehicle. I'm helping my elderly father move from his house and need to be there on time without issues. Also, last thing I need is to be stopped in a company vehicle up there and have to explain that to my mgt.

I still hate Chicago...........

[Oh Shoot]

if you look at the all the laws, local laws trump state & federal. ...

No municipality (or county or state) can enact a law contrary to federal law. No county or city can enact a law contrary to state law. As already quoted 18 U.S.C. § 926A allows transport of firearms from one legally owned location to another legally owned location. And that includes handguns through Chicago (properly disposed in vehicle). Should your destination be Chicago (or Oak Park), then you would be in violation upon arrival. Certainly not a guarantee that you couldn't be hassled should you be stopped and searched in Cook County (or anywhere else), but that IS the law. - OS

[Oh Shoot]

No municipality (or county or state) can enact a law contrary to federal law. No county or city can enact a law contrary to state law. ...

Meant to add, MT and TN both HAVE enacted state laws regarding in-state firearm manufacture that seem to be contrary to federal law, and I imagine this will get sussed out in the not too distant future. Actually, I expect the feds to ignore it until they have a test case. - OS

[Tempest455]

Come to think of it, this Chicago ban does not prohibit me from carrying my 18.5" Mossberg 12 ga in the trunk!

[DaveTN]

Come to think of it, this Chicago ban does not prohibit me from carrying my 18.5" Mossberg 12 ga in the trunk!

As long as it’s unloaded and in a case you are fine.

[lowbud]

No municipality (or county or state) can enact a law contrary to federal law. No county or city can enact a law contrary to state law. As already quoted 18 U.S.C. § 926A allows transport of firearms from one legally owned location to another legally owned location. And that includes handguns through Chicago (properly disposed in vehicle). Should your destination be Chicago (or Oak Park), then you would be in violation upon arrival. Certainly not a guarantee that you couldn't be hassled should you be stopped and searched in Cook County (or anywhere else), but that IS the law. - OS

The question was going to Chicago, so if going to Chicago.. No handguns. If local laws don't trump fed and or state how can you be in violation of anything a city enacts?

Whatever the case. If your that worried about protecting yourself you have two choices. don't go.. or carry and take your chances. i suppose some think the risk is worth it should the need arise.

me on the other hand like my freedom and am not going to put myself at risk or going to jail.. but hey.. that's me.

[Oh Shoot]

The question was going to Chicago, so if going to Chicago.. No handguns.

No that was NOT the question. OP asked: "My question is: I’m traveling up that way through Chicago (probably more than once) in the next few months. Is it even legal to carry my weapon in the trunk through this city?" And the answer to THAT question is, yes it is legal.

If local laws don't trump fed and or state how can you be in violation of anything a city enacts?

There is no federal law that says you may own a handgun in any city in America. And unlike TN state law, Illinois state law allows municipalities to make their own local gun laws, and indeed, the Chicago handgun ban has been upheld by Illinois supreme court, and by a district US appeals court.

Hence, Chicago ordinance doesn't "trump" anything.

The same law could actually exist in TN, had it been enacted before 1986, but could not be enacted by any municipality in TN today since state statue forbids it.

As far as Federal 2A, well, the US does have quite a few federal gun laws, if you haven't noticed. The federal government says they are legal under it's interpretation of 2A. Now the SCOTUS is going to rule whether Chicago's gun ban is permissible under 2A of the US Constitution.

- OS

Edited February 7, 2010 by OhShoot
crashed in mid post.

[Guest 1817ak47]

now I am guessing there is a law there against my transporting my ak47 thru that city to the destination of wisconsin. I am "assuming" there isa law against it till I am told otherwise

[Oh Shoot]

now I am guessing there is a law there against my transporting my ak47 thru that city to the destination of wisconsin. I am "assuming" there isa law against it till I am told otherwise

Is it legal for you to possess an AK47 in Wisconsin?

If so, federal law allows you to do so, and Chicago can have no law that forbids it.

- OS

[Guest 1817ak47]

they sell wasr 10 with 30 rn mag right beside the mosins at the local farm store, so I would kinda think so

[Tempest455]

Yes you can own an AK in Wisconsin. This topic has been about traveling through Chicago which has a "handgun" ban.

[lowbud]

No that was NOT the question. OP asked: "My question is: I’m traveling up that way through Chicago (probably more than once) in the next few months. Is it even legal to carry my weapon in the trunk through this city?" And the answer to THAT question is, yes it is legal. There is no federal law that says you may own a handgun in any city in America. And unlike TN state law, Illinois state law allows municipalities to make their own local gun laws, and indeed, the Chicago handgun ban has been upheld by Illinois supreme court, and by a district US appeals court.

Hence, Chicago ordinance doesn't "trump" anything.

The same law could actually exist in TN, had it been enacted before 1986, but could not be enacted by any municipality in TN today since state statue forbids it.

As far as Federal 2A, well, the US does have quite a few federal gun laws, if you haven't noticed. The federal government says they are legal under it's interpretation of 2A. Now the SCOTUS is going to rule whether Chicago's gun ban is permissible under 2A of the US Constitution.

- OS

I think you may have just contradicted your self on that one but at any rate you obviously know more then I on the subject so I'm gonna stay out of this one.

for the record you're right about the OP. My bad..

Edited February 10, 2010 by lowbud

[Warbird]

I drive to MO often and actually go about 4o minutes out of my way to take the HWY out of Paducah, 60, which takes me across the southernmost tip of Illinois, KY and MO. I cross the river and take 55 north to St. Louis. I will not give Illinois a dime of my money for gas, lodging or food. As I say it does cost me about 40 additional minutes to get to St. Louis, but I don't care.

[Guest JRules]

I used to live in the Chicago Suburbs. You need a FOID (Firearm owners Identification) card to own a gun. If carrying a gun even with that card you must have the gun and ammo seperate, like Tennessee if you do not have your HCP. If you do not have your FOID card you have a good chance of losing your gun and going to jail.

If you go to a gun store they will not even take the gun out the case for you to look at unless you take your FOID card out and put it on the counter. You cannot go on the range without one either. I fortunately got mine and hopefully will be able to renew it when it expires in 2012.

[DaveTN]

I used to live in the Chicago Suburbs. You need a FOID (Firearm owners Identification) card to own a gun. If carrying a gun even with that card you must have the gun and ammo seperate, like Tennessee if you do not have your HCP. If you do not have your FOID card you have a good chance of losing your gun and going to jail.

If you go to a gun store they will not even take the gun out the case for you to look at unless you take your FOID card out and put it on the counter. You cannot go on the range without one either. I fortunately got mine and hopefully will be able to renew it when it expires in 2012.

FOID laws do not apply to out of state residents. We (Tennessee residents) do not need one to possess guns or ammo, hunt, or go to a range. And no, they will not renew yours unless you are an Illinois resident.