The Illinois Supreme court ruled on October 8th on the definition of a "case" as it relates to the definition of a gun case under Illinois Law. The court ruled that a "case" is basically anything you put a gun in. I wrote a post over at Illinoiscarry.com that I thought I would share here.
OK, what I have learned here in the last few days. Reading about the recent law change signed by Governor Quin on where you can have a firearm, reading the diggins case, reading the wildlife code section about cases, and reading the ISP PDF file on transporting a firearm, I have come to the following conclusion.
Remember, this is just my opinion, and I am not a lawyer, so if you follow my assumptions, the only thing you will be able to tell the arresting offices is that "Kurt thinks this is what these laws mean".
I have come to the conclusion that Illinois needs a CCW statute that has the requirements necessary to have reciprocity with the majority of other CCW states. In lieu of that happening I think one can carry in Illinois subject to the following:
1: You have a valid FOID card.
2: The weapon is unloaded and completely sealed in a case. (Ammo in the same case is OK)
3: The case is designed to contain a firearm (Wildlife code)
4: You are not withing the boundaries of any home rule community that has their own firearms ordinance.
5: If on private property, you have permission to be there with a weapon. (Rep John Brady, Marion Bill to clarify property/firearm possession)
(Example: Don't go into Best Buy or the like that have signs saying they can search your bags.)
6: You are not in any "restricted" areas such as an airport, school, courthouse, etc.
7: You do not open the "case".
If I am missing anything please feel free to let me know. So , I think "fanny pack" carry is now legal as long as you adhere to the above rules.
(Example: You can legally carry in a "fanny pack" that was designed as a gun case meeting all of the above from your car, into a shooting range/gun store.)
This is crazy. Time to have a proper CCW law in Illinois.
Link to view the Supreme Court decision