The state of Illinois currently requires that each person who owns firearms must have a valid Firearm Owner’s Identification (FOID) card issued in his or her name. One must have a valid FOID in order to buy or possess firearm ammunition as well. In short, if you do not have one of these identification cards, you could face criminal charges if you are found to be in possession of either a firearm or ammunition. To qualify for a FOID card, you must apply through the Illinois State Police and pay the required fees.
Concealed Carry Permits
Illinois also maintains a concealed carry law, meaning that legal firearm owners are permitted to carry a concealed firearm. To do so, an individual must first obtain a concealed carry permit in addition to his or her FOID card. The concealed carry permit application process is also handled by the Department of State Police.
There are very strict rules in place regarding what a concealed carry permit allows a holder to carry. The firearm in question must be handgun—the permit does not allow the concealed carry of a long gun, rifle, or shotgun. The permit allows the holder to carry such a firearm in a manner that makes the weapon completely or mostly invisible to the public, including inside a purse or vehicle. Concealed carry permits do not apply to non-firearm weapons such as stun guns, Tasers, paintball or pellet guns, or spring guns.
Transporting a Firearm
Understanding that a firearm may be considered concealed if it is in a person’s vehicle, is it legal for a FOID holder to transport a legally owned firearm without a concealed carry permit. The answer, fortunately, is yes. According to the Illinois Criminal Code, there are several ways to do so. The easiest way is to unload the firearm and place it in a case, carrying box, or other container. If you do not have a box or cannot obtain one easily, the firearm may also be transported if it is not immediately accessible, such as in the trunk of your car. Finally, it is also permissible to break the firearm down so that is non-functioning for transport.
Without a concealed carry license, it is a Class 4 felony to carry an uncased, loaded firearm immediately accessible. While there are several options, officials recommend always transporting a firearm unloaded and in a secured case designed for the purpose.
Call Us for Help
If you are facing charges related to the improper transport of a firearm or any other weapons-related offense, contact an experienced DuPage County criminal defense attorney. Call 630-933-8400 for a free consultation with Salvatore C. Miglore & Associates today. We have the knowledge and skill to help you protect your rights and your future.