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Illinois Supreme Court Rules Vehicle Console is a case
Illinois

Vehicle Console is a "Case"!

In a huge win for Illinois gun owners, the Illinois Supreme Court, in a unanimous judgment, announced this morning that an enclosed center console of a vehicle is indeed considered a legitimate case for transporting a firearm within the meaning of the IL Criminal Code sec. 24 -1.4(c)iii:

 

 (iii) are unloaded and enclosed in a case,

        

firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or

 

The case in question, People vs Diggins, involved the transportation of two unloaded firearms and two loaded magazines in the console of a vehicle driven by an individual in possession of a valid FOID card.  In unanimous agreement the justices ruled the trial judge erred in denying defense the right to argue that a console is considered a "case" or "other container" under  sec. 24 -1.4(c)iii and for instructing the jury that the console is not considered a "case". 

 

This ruling would also seem to resolve the question as to the legality of transporting unloaded hanguns in the glove box of a vehicle by IL citizens in possession of a valid FOID card.

 

Because there is a disagreement between the arresting officer, defendant, and a witness at the scene as to whether or not the console was completely closed at the time, the Diggins case has been remanded back to the lower court for further proceedings.

 

Posted on Thursday, October 08, 2009 @ 15:20:55 CDT by ShaunKranish
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Illinois Supreme Court Rules Vehicle Console is a case | Login/Create an Account | 2 comments | Search Discussion
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Re: Illinois Supreme Court Rules Vehicle Console is a (Score: 1)
by ccw40cal (ccw40cal@lycos.com) on Sunday, October 18, 2009 @ 14:47:34 CDT

(User Info | Send a Message) http://www.thedirtclan.net

How does this affect out of state travelers in IL? I live in KY but grew up in Ogle County, IL. My brother lives near Chicago and I have friends in Ogle County so I occasionally travel to there. I have a valid KY CCW license.

Re: Illinois Supreme Court Rules Vehicle Console is a (Score: 1)
by Saturdaynightspecial
on Sunday, October 18, 2009 @ 17:23:36 CDT
(User Info | Send a Message)

When not confident about gun laws, keep your unloaded gun in a locked container.

Chicago bans handguns and requires long guns be registered. Many other objects are banned also.

Go here to learn each States' gun laws:
http://www.nraila.org/GunLaws/

The Illinois Wildlife code requires guns be stored in a case specifically designed to contain a gun (transporting).

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