Generally, it is legal to carry a firearm on your person while driving as long as it is concealed and you have a valid Illinois Concealed Carry License (CCL). Additionally, you must have a Firearm Owner’s Identification (FOID) card under your name.
However, having a gun in your car, whether it is on your person or not, comes with several implications. Here are some important things to consider before driving with a firearm.
Is it legal to have a firearm on your person while driving?
Yes, anyone with a valid CCL can keep a loaded or unloaded firearm on his or her person while in a vehicle. However, it must be concealed, meaning it should be in a holster, pocket, purse or other appropriate container.
If you do not have a CCL but have a FOID card, the Unlawful Use of Weapons in the Criminal Code states that your gun must be unloaded and enclosed in a case during transportation. You may also transport a firearm if it is not within easy reach or immediately usable.
Do you need to inform police of your firearm during a traffic stop?
In Illinois, it is legally mandatory to tell an officer that you are a license holder and that you have a firearm with you. It’s also highly advisable to keep your hands visible and follow the officer’s instructions carefully.
For example, the officer may ask you to surrender your firearm and show them your license. If you don’t have a CCL, they may ask you for your FOID card. Remember that there is a risk of arrest if you violate any of the concealed carry or firearm transportation rules.
What if you accidentally violate these rules?
Accidental violations of firearm regulations can happen, and their severity can vary quite a bit. Sometimes, it might be something relatively minor like forgetting to renew your FOID card. In such cases, you might receive a warning or a small fine.
However, more serious violations, like carrying a concealed weapon in a prohibited area, could lead to bigger legal consequences.
If you ever find yourself in this situation, it’s crucial to stay calm and address the issue as soon as possible. Seeking legal advice can be really helpful to understand your options and next steps.