Transporting Handgun through Illinois.

[Fallguy]

I'm still for hearing from a lawyer, but when I did a search on goverments Code of Federal Regulations page here. I found this see § 478.38

I think it says the same as from post 2 above

[Reservoir Dog]

I'm still for hearing from a lawyer, but when I did a search on goverments Code of Federal Regulations page here. I found this see § 478.38

I think it says the same as from post 2 above

Your are correct in that the law says you can transport for "lawful purpose" to a location where you can "lawfully possess" the firearm. Nothing in the law mentions "domicile."

In addition to the CFR, it is also codified in Title 18 of the US Code: http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000926---A000-.html

ETA: Ooops! I see you already posted this. I didn't read the other post.

Edited December 31, 2008 by Reservoir Dog

[Guest Disney]

The problem with travelling through IL with your pistol is the statues change as you travel from county to county and into some cities. While having the pistol broke down and ammo separate in Southern IL might be OK< it'll land you in prison if you have it like that in Cook county (chicago). This was an ongoing problem when I lived there and was seemingly always in the papers. Those of us in So. ILL were on lock down due to those whack jobs up in Chicago.

Basically, when travelling to ST. Louis, you'll be fine. But if you go north of I-80, you will need to reexamine your stategy to conform to the local laws in the areas you will be traveling through. You might be able to search the archives of the newspaper "The Southern Illinoisan" as they had a nice series of atricles talking about this and at one point had a routes listed taking you from Marion (southern, IL) to a destination outside of Chicago that would have you stopping to adjust how you had to stow your firearm for legal transportation.

Cliff notes: That place sucks.

[tn hp]

Gentlemen,

I believe this situation is covered by the Volkmer/McClure Act as codified in the Federal Law, previously stated. This is the same situation that many of us faced a few years ago when traveling to Camp Perry for the National Matches. Cincinnati, OH had an assualt weapons ban in place and the issue was, could you travel with your service rifle through Ohio legally. This short answer, just like the issue with Illinois, is yes.

The U.S. Constitiution contains a supremacy clause that gives Federal Law priority of state and local law where Federal Law has spoken. Federal Law provides a "floor" and state and local law cannot lower the "floor". State and local law may give more rights and therefore, "raise the ceiling" but, not put further restrictions on what the Federal Law has established as the "base line". The Tenth Amendment reserves for the states, the ability to pass (make) laws that have not been specifically covered (reserved) by the Federal Government through statutes, rules and regulations and, of course, Federal Case law that interpets Federal, state and local law.

Pursuant to existing Federal Law, you have the right to transport a firearm (rifle, pistol or shotgun) from the state where you are legally able to own/possess such firearm to another state, where you would legally be allowed to possess that firearm. I always advise client to use the "KISS" method. This is not an insult to anyone but, "Keep It Simple Stupid" and don't make this issue or any other more complicated than it is or needs to be.

Remember, law enforcement officers are not always well versed in Federal Law and in some instances even applicable state and local law. That is why there are courts and district attorneys to interpert and enfore federal, state and local laws. Not all lawyers are well versed in Federal, state and local laws. Most practice in a specific area but, simply because a lawyer may know domestic relations (divore law) he or she may know nothing about commercial law, secured transactions or bankruptcy law, much less, Federal firearms law.

You can ask 100 people or 100 lawyers their opinion and get just as many diverse responses. Keep it simple, rely on the Federal supremacy clause, obey the speed limit and carry your firearm to\hrough Illinois, provided you meet the criteria specified in the statute.

Edited January 1, 2009 by tn hp

[wjh2657]

I go 57 to 64 to St Louis, so it sounds like I am still in "friendly territory" going through Illinois. I couldn't find anything stating "domicile" either so I will lock unloaded gun and ammo up in Safe box in trunk. I don't stop anywhere in Illinois but roadside rest stops and and for gas once. Sounds like I will be safe. Thanks for all the info.

[Fallguy]

Have a good trip!!

[Guest db99wj]

Gentlemen,

I believe this situation is covered by the Volkmer/McClure Act as codified in the Federal Law, previously stated. This is the same situation that many of us faced a few years ago when traveling to Camp Perry for the National Matches. Cincinnati, OH had an assualt weapons ban in place and the issue was, could you travel with your service rifle through Ohio legally. This short answer, just like the issue with Illinois, is yes.

The U.S. Constitiution contains a supremacy clause that gives Federal Law priority of state and local law where Federal Law has spoken. Federal Law provides a "floor" and state and local law cannot lower the "floor". State and local law may give more rights and therefore, "raise the ceiling" but, not put further restrictions on what the Federal Law has established as the "base line". The Tenth Amendment reserves for the states, the ability to pass (make) laws that have not been specifically covered (reserved) by the Federal Government through statutes, rules and regulations and, of course, Federal Case law that interpets Federal, state and local law.

Pursuant to existing Federal Law, you have the right to transport a firearm (rifle, pistol or shotgun) from the state where you are legally able to own/possess such firearm to another state, where you would legally be allowed to possess that firearm. I always advise client to use the "KISS" method. This is not an insult to anyone but, "Keep It Simple Stupid" and don't make this issue or any other more complicated than it is or needs to be.

Remember, law enforcement officers are not always well versed in Federal Law and in some instances even applicable state and local law. That is why there are courts and district attorneys to interpert and enfore federal, state and local laws. Not all lawyers are well versed in Federal, state and local laws. Most practice in a specific area but, simply because a lawyer may know domestic relations (divore law) he or she may know nothing about commercial law, secured transactions or bankruptcy law, much less, Federal firearms law.

You can ask 100 people or 100 lawyers their opinion and get just as many diverse responses. Keep it simple, rely on the Federal supremacy clause, obey the speed limit and carry your firearm to\hrough Illinois, provided you meet the criteria specified in the statute.

I remember learning about this at some point in time, but have forgotten about it.

Good post.