Commonly Asked

QuestionsOn�Transporting�Firearms�in�Illinois

transporting firearms in unfamiliar communities, it isa good idea to check with authorities on local law.

If a non-resident is coming to Illinois to huntand would like to bring their firearm, howdo they legally transport it?Non-residents must comply with the gun case law asdescribed above. Additionally, the firearm must notbe immediately accessible or must be broken down ina non-functioning state.

What if I leave a firearm in my vehicle(regardless of location) and a family mem-ber, without a FOID card, is driving thevehicle without me and is stopped bypolice and the firearm is found?The law states a person must “knowingly” violate thelaw. The assumption in the question is that thefamily member was unaware of a firearm’s presence.However, at a traffic stop, you should expect theofficer to handle the situation at face value, takeenforcement action accordingly, and let the court settlethe matter. Depending on the situation, the chargecould be a Class 4 Felony.Don’t put afamily mem-ber in thatposition.

How can I legally transport ammunition?The location of ammunition being transported,including ammunition being transported in loadedmagazines, is not regulated if the firearm is possessedor transported lawfully.

Is it illegal to have ammunition in the casewith the firearm?No, if the firearm is unloaded and is properly enclosedin a case and the individual possessing the firearm andammunition is in possession of a valid FOID card.

Can I transport a firearm in a gun rack inthe back window of my truck?Yes, if the firearm is unloaded and encased, andyou are a resident with a valid FOID card. Onething to consider – a gun displayed in a windowcan invite theft.

Can I keep a firearm in my hotel roomwhen I travel?Yes, assuming no local ordinance applies. The criticalquestion is how the firearm was carried into the roomand transported in a vehicle. Those actions must bedone lawfully.

I have a friend/relative who has a“conceal and carry” permit issued in thestate in which they reside. Is the permitrecognized in Illinois?No. Illinois does not recognize conceal and carry fromany state.

What constitutes “unloaded” for amuzzle loading firearm?17 Ill. Admin. Code, Ch. 1, Sec. 660.30(b)(5) providesa definition for an unloaded muzzle loading firearmas follows:

Removal of percussion cap or removal of primepowder from frizzen pan with frizzen open andhammer all the way down or removal of prime pow-der from flashpan and wheel unwound or removalof prime powder and match with match not lit, orremoval of the battery from the CVA electronic igni-tion muzzleloader, shall constitute an unloadedmuzzle loading firearm.

For more information, contact:Illinois State Police at 217/524-2525

FOID Office at 217/782-7980http://www.isp.state.il.us

Illinois Department of Natural Resources217/782-6431

http://www.dnr.state.il.us

Printed by the authority of the State of Illinois DNR 181- 30M-05/10 • IOCI 0902-10

State of IllinoisIllinois Department of Natural Resources

TransportYour�Firearm

Legally

Unless specifically exempted by statute, anyIllinois resident who acquires or possessesfirearms or firearm ammunition within the statemust have in their possession a currently validFirearm Owner’s Identification (FOID) cardissued in his or her name.

Answers provided to the following questionsare meant only to give general guidanceregarding transporting firearms and ammu-nition. The answers do not and are notmeant to replace statutory language.

How can I legally transport a firearm onmy person or in my vehicle?Three statutory codes regulate the possession, trans-fer, and transportation of firearms – the CriminalCode, the Wildlife Code, and the Firearm Owner’sIdentification Act.

Under Unlawful Use of Weapons (UUW) in theCriminal Code, persons who have been issued a validFOID card may transport a firearm anywhere in theirvehicle or on their person as long as the firearm isunloaded and enclosed in a case, firearm carryingbox, shipping box, or other container. Firearms thatare not immediately accessible or are broken down ina non-functioning state may also be carried or trans-ported under the Criminal Code. The Wildlife Code,however, is more restrictive. It requires that allfirearms transported in or on any vehicle or con-veyance be unloaded and in a case. Because of this, itis recommended that, in order to be in compliancewith all statutes, all firearms be transported:

1. Unloaded, and2. Enclosed in a case, and3. By persons who have a valid FOID card.

Unless specifically exempted from UUW, a person commits a Class 4Felony if he or shecarries or possessesa firearm contraryto the aggravatedUUW law of theCriminal Code (i.e.,

unlawfully carries on their person or illegally trans-ports a firearm in a vehicle) AND one or more of thefollowing aggravating factors apply:

1. The firearm possessed was uncased, loaded, andimmediately accessible at the time of the offense;

2. The firearm possessed was uncased, unloaded,and the ammunition for the weapon was imme-diately accessible at the time of the offense;

3. Does not have a valid FOID card;

4. Was previously adjudicated of a Felony as ajuvenile;

5. Was engaged in a Misdemeanor violation ofthe Cannabis Control Act or the ControlledSubstances Act;

6. Is a member of a street gang;

7. Has had an Order of Protection against them inthe last two years;

8. Was engaged in the commission or attemptedcommission of a Misdemeanor involving theuse of violence against another person or theproperty of another; or

9. Is under 21 years of age and in possession ofa handgun, unless the person is engaged inlawful recreational activities such as: practiceshooting on targets upon established public orprivate target ranges, or hunting, trapping, orfishing in accordance with the Wildlife Code orthe Fish and Aquatic Life Code.

What constitutes a legal “case”?The Criminal Code refers to “a case, firearm carryingbox, shipping box, or other container.” However, theWildlife Code is more specific, defining case as “a con-tainer specifically designed for the purpose of housing agun or bow and arrow device which completely enclos-es such gun or bow and arrow device by being zipped,snapped, buckled, tied, or otherwise fastened, with noportion of the gun or bow and arrow device exposed.”

How do the differences in these two lawsaffect me for the purposes of the UnlawfulUse of Weapons law?It is recommended that persons transport theirfirearms only unloaded and in a case in order to befully compliant with all statutes. A firearm transport-ed in a container other than a case, while engaged inactivities covered by the Wildlife Code, could subject

an individual to a charge of Class B Misdemeanorunder the Wildlife Code, but would not be consid-ered Unlawful Use of Weapons if the container werea “firearm carrying box, shipping box, or other con-tainer” as provided in the Criminal Code.

If I fail to zip up the case entirely, will I beguilty of a felony?No, as long as the firearm is unloaded, and none ofthe aggravating factors of the Unlawful Use ofWeapons law are present. The way to avoid this situ-ation is to make sure firearm cases are completelyzipped or otherwise completely fastened shut.

What is immediately accessible?The test is if a reasonable person would conclude thatthe firearm is located within relatively quick reach.

What is broken down in a non-functioningstate?The firearm is disassembled, making it inoperable,e.g., slide or barrel removed.

Does a firearm have to be broken down tobe legal?No. However, it is recommended that to transport afirearm it be unloaded and encased, and possessed bythe holder of a valid FOID card.

How can I legally transport my firearm inmy Sports Utility Vehicle (SUV), pickuptruck, van, station wagon, or even amotorcycle?The surest way is to have the firearm unloadedand enclosed in a case, and to make sure your FOIDcard is valid.

How do I transport a firearm through anIllinois community with an ordinance thatprohibits firearms or handguns?Illinois’ Unlawful Use of Weapons law does not pre-empt local ordinances from banning firearms.Persons carrying or transporting firearms throughsuch communities could be subject to local firearmordinances. Federal law does attempt to provide lim-ited protection in these circumstances, but when