Non-Resident Firearms Carry in Illinois

By Dean Weingarten

Gun Rights Policy Conference in Illinois, 2014
Gun Rights Policy Conference in Illinois, 2014
Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- I attended the Gun Rights Policy Conference in Illinois last weekend.   After the event, I met another attendee in Wisconsin.

Don Hosmer recalled disarming before entering Illinois, and seeing several others do so as well.   As a result, I decided to explore the problems and possibilities of carry in Illinois for a non-resident.

You could apply for, and obtain an Illinois concealed carry permit.  They are backed up at present, but it looks like it would be possible, if somewhat difficult.  From the Illinois State Police site:

 Sec. 40. Non-resident license applications.
(a) For the purposes of this Section, “non-resident” means a person who has not resided within this State for more than 30 days and resides in another state or territory.

(b) The Department shall by rule allow for non-resident license applications from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under this Act.

It is unclear exactly how “substantially similar” will be interpreted.

If you have not obtained a non-resident Illinois CCW license, you may still carry concealed in your vehicle.   Here is the relevant portion of the law:

(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:


(1) is not prohibited from owning or possessing a firearm under federal law;

(2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and

(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

Don talked with Massad Ayoob and others at the conference and found the act on the  Illinois State Police web site.   It is worth noting that under the frequently asked questions (faq), the site is a bit misleading:

How will Illinois State Police (ISP) officers and local law enforcement respond to citizens who are carrying weapons?
The ISP will continue to enforce the law in effect. Persons who carry firearms without a Concealed Carry License issued by the ISP are subject to arrest.

That is not strictly true.  If you can carry in your home state, and are in your vehicle, you can carry concealed, as stated above under section (e).  if an officer asks you if you are armed, you have to tell them:

(h) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection, and identify the location of the concealed firearm. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h)

This might cause a problem if an officer stops you, asks if you are armed, you inform them that you are armed, and they then order you from the vehicle.   There is also the example of the famous case in Canton, Ohio, where the officer never allowed the holder of the concealed weapon permit to inform him that he was armed.

Note that the concealed carry law in Illinois is a concealed *firearm* law.  It does not appear to cover knives.   Knife law in Illinois is somewhat open to interpretation.  From knifeup.com:

This law bans brass knuckles, throwing stars, switchblades (and other automatic knives), and ballistic knives in the state of Illinois. The case of People v. Gazelle found that the knife ban in section (a)(1) only applies to switchblade knives or ballistic knives. Other knives that are not switchblades and ballistic knives are not banned. This means that balisong knives, also called butterfly knives, are legal.

The law also makes it illegal to open or concealed carry daggers, dirks, razors, stilettos, “dangerous knife,” and other similar dangerous weapons when you are attempting to harm someone else. You can also carry dirks, razors, daggers, stilettos, and “dangerous knives” all you want as long as you do not have the intent of harming another person.

Preemption law does not appear to cover knives yet, so there exists the possibility of local ordinances that could trip you up.

Knife-expert.com offers this Illinois case law information:

Illinois Case Law: – “Possession of hunting knife is not a crime; however, knowingly carrying or possessing dangerous weapon with intent to use same unlawfully against another constitutes offense…” 

(1982) – “Weapon not listed in statute can become “dangerous weapon” when it is used in a manner dangerous to well being of individual threatened, and knife with blade less than 3 inches in length can be dangerous weapon if used in such manner.” 

(1991) – “A straight-blade razor did not constitute a per se dangerous weapon, for purposes of armed violence charge…” 

(1987) – “Walking cane, even if not per se dangerous, was… transformed by defendant’s usage into a dangerous weapon.” (1977)

The Chicago ordinance 8-24-020 says that:

No person shall carry concealed on or about his person a pistol, revolver, derringer or other firearm or dagger, dirk, stiletto, bowie knife, commando knife, any blade of which is released by a spring mechanism, including known knives as “switch-blades” or any other type or kind of knife, any blade of which is more than two and one-half inches in length, ordinary razor or other dangerous weapon except that no person 18 years of age or under shall carry concealed on or about his person, any knife, the blade of which is two inches in length or longer.

I was not going into Chicago proper.  I would be careful about carrying a blade there.   It seems clear to me that arms under the second amendment include knives, but I do not wish to be the test case.

Another interesting part of Illinois law, is that you can carry an unloaded firearm in a case.   This has become known as “unloaded fannypack carry“.

What is left for Illinois residents, today, right now, is commonly referred to as “Container Transport” or “Fanny Pack Carry”. It means having a FOID card (Illinois residents only) and transporting your firearm “Unloaded and enclosed in a case”. Ammo is not regulated and you can have loaded magazines or speed loaders in the same case or in your pocket, or in an ammo pouch on your belt. Everywhere in Illinois! Also, there are different prohibited places for “Transport” than for concealed carry ; license holders. Places prohibited like public transportation or neighborhood festvals for concealed carry are perfectly fine to “Container Transport”. Research these yourself.

The Illinois Supreme court has ruled that a person with a concealed carry permit from another state does not need an FOID card, so fannypack carry should apply to those non-residents with concealed carry permits.

Unloaded Fannypack Carry: Non-resident may carry a loaded, concealed firearm in a fannypack in their vehicle
Unloaded Fannypack Carry: Non-resident may carry a loaded, concealed firearm in a fannypack in their vehicle

It appears that a non-resident may carry a loaded, concealed firearm in a fannypack in their vehicle, then, when leaving the vehicle, unload it and carry the unloaded firearm and a charged speedloader or magazine in the fannypack with the firearm.

It might not be the quickest weapon to employ, but you would have it with you.

To sum up:

A non-resident can apply for an Illinois concealed carry permit, but I have not yet seen data as to what states are eligible.  A correspondent informs me that only Hawaii, New Mexico, South Carolina, and Virginia have been classified by Illinois as “substantially similar”.

Non-residents can carry concealed in their vehicle if they can legally do so in their state of residence.

Non-residents can carry “unloaded fannypack” style if they have a concealed carry permit from their state.

Knives are generally permitted to be carried, but there may be local ordinances that could trip you up.

There is a long list of places where concealed carry of firearms by licensees are prohibited.   It does not seem to apply to fannypack carry.

I am not a lawyer, not do I play one on the Internets.   The links above take you to the law, so you can decide for yourself what it says.   It is likely that case law and the courts will provide further clarification.

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

28 Comments
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glenn velasquez
glenn velasquez
4 years ago

When do you think the president will attempt to change the laws.

Scott Wells
Scott Wells
4 years ago

what about a gun other than a hand gun rifle, shotgun …

Kelly Mulica
Kelly Mulica
5 years ago

I am a resident of Pennsylvania i have a cc permit am i able to either openly have with me or conceal while dtiving in ohio n indiana n illinois as i will be visiting illinois soon.

Alan
Alan
5 years ago
Reply to  Kelly Mulica

As long as you have a ccw permit from your home home state you can have a loaded firearm in your car only in Illinois, you cannot carry it. There is lots of conflicting info online, I emailed the state police & confirmed it with them. I believe you will be ok to carry in Indiana t, I would check the reciprocity for your PA permit though. Here is the email response from the IL state police. [email protected] Jun 7 to me Individuals who have a concealed carry from their state are allowed to carry while within the vehicle. They… Read more »

Andy
Andy
5 years ago

You know why the corn in Iowa leans east????

Because Illinois sucks!

Windwalker
Windwalker
5 years ago

What should to be done is all states with legal carry permits that are not honered by the communist state of illinois should not honor their permit, I’ve heard there are congressman and senators here trying to pass just a law, intersted to see how that unfolds my cop friends will love that as they really like to see who gets the biggest and best arrest

SAMUEL THAYER'S
SAMUEL THAYER'S
5 years ago

. . . and yet my driver’s licence, the testing for which does not conform to any known interstate standard, is acceptable in all 50 states. Hmmm . . .

Brian
Brian
5 years ago

You have to get Wisconsin resident permit. You cannot get Illinois FOID card. Unless you change your residence to Illinois. That means new driver lisc etc. There are apps available that list State Reciprocity. If you also get Utah and Arizona, you can carry in 36 States with Wisconsin resident permit. 38 with Illinois resident permit. However even with ccw permit, you can’t carry on Military base anywhere.

Margie
Margie
5 years ago

I am Air Force Military. Stationed over seas. State of Residence is Wisconsin. Being stationed in Illinois. How or can I get a FOID card? Which state do I do Concealed Carry? How will this affect my numerous moves?

Alan
Alan
5 years ago

Some states require that you notify an officer that you have weapons in the vehicle. I believe that Illinois is one, I’m not 100% sure though. It’s so difficult keeping up with every damn state. In New Jersey hollow points will get you a prison sentence.

Horatio
Horatio
5 years ago

Wow, I’m wondering why have cpl permits if it restricts you from defending yourself against possible, and unprovoked harm to oneself and others in your charge…
I will be travelling to Idaho from Michigan and the only state that restricts cpl is Illinois. I’m planning on locking both pistol and ammo in a box ‘in the trunk,’ I’m wondering if stopped driving through Illinois, should I disclosed my locked ‘stuff’ to the officer if he/she did not ask?

Alan
Alan
5 years ago

I do not trust Illinois cops one bit, I leave my pistol at home when I cross over to that side of the river. I could just see the East St Louis courts deciding that carry in your auto is not ok in their jurisdiction.I would rather be jumped once than to be locked in prison and have my ass kicked daily.

Mike C
Mike C
5 years ago

I have a resident Illinois conceal carry permit. However, I moved permanently to Tennessee 9 months ago. Is there a way I can easily change my permit from resident to non-resident without going through all the time and expense? I called the Illinois State Police and the only information they would give me is that my permit was no longer valid.
Thanks

Jim
Jim
5 years ago

No …you can carry only in your car if you have a out of state permit … but if you leave the car you have to lock it up before you leave the vehicle…

Jim
Jim
5 years ago

You are wrong Indiana persons with carry permit can carry in Illinois but you cannot leave your car with it ..you must lock it up if you leave your car….check this out…

http://www.thetruthaboutguns.com/2013/07/robert-farago/concealed-carry-license-holders-can-carry-in-il-in-a-car/

Elmer Jacobson
Elmer Jacobson
5 years ago

I have a ccp in wisconsin can I carry my firearm in my shoulder holster In Ill.

Brian
Brian
5 years ago
Reply to  Elmer Jacobson

Nope

richard
richard
5 years ago

all that stuff is bs. the isp told me you cannot carry a weapon in Illinois. they will arrest you. the only way you can carry is if you lock you gun in a gun safe. you still have to tell them when they stop you, but you do not have to unlock the safe. tell them that’s where it is and that’s where it’s going to stay. they need a warrant to open a safe. do not trust the police in Illinois they will bust you. this is for the non resident people . as for a fanny pack?… Read more »

art miller
art miller
6 years ago

I just dont understand a gun permit is a gun permit. So many laws have to be a lawyer to understand um… and why is ILL laws so different than other states. The gun is to protect you. But it cant be loaded and the ammo has to be in the truck so the bottom line is you loose your life so you dont hurt the thug hmmm I’m missing the Big Picture I guess

Carry2Live
Carry2Live
6 years ago
Reply to  art miller

“Why is Illinois so different”? One word…… Chicago!

Steven Ray Smith
Steven Ray Smith
5 years ago
Reply to  Carry2Live

They believe,as our Liberal Reps & Senators that legal, honest, and responsible citizens are the cause of all criminal activity. Chicago has some of the strictest gun control laws in the nation, but yet their crimes committed with a gun, and murder rate are the highest in the nation. Go figure! Our Liberal leaders don’t want to acknowledge this because their agenda is to disarm America! With all
non-criminals disarmed we are then at the mercy of the criminal element.

T. MacArthur
T. MacArthur
4 years ago
Reply to  art miller

Unfortunately, a gun permit is a gun permit isn’t quite accurate. For example, unless you have a permit from Homeland Security you can’t carry on federal property. For example, even a Chicago police officer cannot legally enter a post office in Chicago armed unless it’s in the line of duty. And even if you have a permit from your own state and are in another state which recognizes your state’s permits, where and when and how you can carry is subject to the laws of the state which you’re in. For example, in some states you cannot carry, even with… Read more »

Sky
Sky
4 years ago
Reply to  T. MacArthur

1.8% BAC limit for DUI?!?!?!

Shane
Shane
6 years ago

I have a conceal carry permit in Indiana and work in Illinois, so I am allowed to conceal carry in my car as long as it doesn’t leave the car correct?

Sam Mann
Sam Mann
6 years ago

So we are just guessing from what the law says that a non resident with a ccw permit can carry funny pack in il? Does not say just il residents only. But does not specific if a non resident with a permit can from what I am reading on il law Just wanting to know and stay under the law while in il.

cody
cody
6 years ago

so basically there is no way for a wisconsin resident who works in illinois to legally conceal a sidearm while walking around?

brett
brett
6 years ago
Reply to  cody

Non-residents can carry “unloaded fannypack” style if they have a concealed carry permit from their state.
if you have a CPL. it looks like you can.

E Johnson
E Johnson
7 years ago

Just a quick clarification on this, even if you are from one of the four ‘similar’ states, and have a permit in that state, you must still go through the 16 hours of instruction by an IL state police approved instructor in order to get a permit. That makes it pretty tough unless you are visiting the land of Lincoln long enough to fit in a 2 day class.

The similar states list is buried in the CCW FAQ page at the IL state police website in case you want to check for yourself.