by John Boch
In addition to countless calls trying to sign me up for Medicare insurance, and burial insurance and all the rest of the spam calls that make my phone almost unusable for voice calls, I get calls from gun owners with questions about legalities of the law when it comes to guns. Shocking, I know.
“Someone said my 16-year-old can’t transport his shotgun in his car to his clays team practice,” was one such call recently. The poor dad was beside himself. People at the gun club in Central Illinois (name left out so as not to expose their uninformed status for public ridicule, for now at least) were trying to tell him his son was illegally transporting an unloaded, encased shotgun in his car because he was a minor.
And then he called me back, still worried when after additional static from said range, he called the offices of another gun rights org in Illinois who told him under 18s couldn’t transport a firearm legally in their car.
For the love of Jesus. Folks, don’t make transporting firearms in our gun-unfriendly state more difficult than it already is. Especially for younger shooters just getting into our beloved sport.
And don’t quote bad law to people.
Have a FOID card? The law says you can transport unloaded, encased firearms. That includes in a fanny pack on their person. Or a backpack.
For long guns, this applies to everyone, regardless of age. For example: my six-year-old could have an unloaded, encased long gun strapped on his bicycle and be completely legal, thanks to his FOID card (so long as he’s got the FOID on his person).
For handguns, transportation for under 21s is a touch more restrictive, but not much. Under 21s can legally transport handguns so long as they’re going to or from a legitimate use of said pistol(s). For most folks, that would mean a range or private property for target practice or training. In other cases, that might mean taking it to/from a gunsmith for cleaning, maintenance or repair.
Throwing it in the trunk and going to school (parking off school grounds so as not to run afoul of laws and school rules about guns on school property without a carry license) would not be legal, even if they were going shooting (legally) after school. Long guns (parking off school property)? No problem. Handguns? That’s technically not going to fly.
Just use common sense – and remember, you don’t have to answer police questions. Nothing you say to police can be used towards your innocence in a court of law.
“Oh, that John Boch guy doesn’t know what he’s talking about!” some might foolishly say.
Don’t take my word for it. Here’s the text from the April 2024 version of the Illinois State Police’s brochure entitled “Transport Your Firearm Legally.” (Pro-tip: Google the title. Download it, print it out and stuff a copy in each of your gun cases, your kids’ gun cases, your glove box and print out a bunch of extras to share with other parents from your kids’ sporting clays team.)
HOW CAN I LEGALLY TRANSPORT A FIREARM IN A VEHICLE?
Four statutory sections regulate the possession, transfer and transportation of firearms: the Criminal Code; the Wildlife Code; the Firearm Owner’s Identification Act; and the Firearm Concealed Carry Act.When transporting a firearm, it must be: broken down in a non-functioning state; or not immediately accessible; or unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has a valid FOID card; or carried or possessed in accordance with the Firearm Concealed Carry Act (430 ILCS 66/) by a person who has a valid Illinois Concealed Carry License.
Notice how there’s no mention of legal ages where transporting a firearm in a vehicle is prohibited? Because there’s not. Only handguns are mildly restricted for under 21s to “to or from” a legitimate use.
Moreover, transporting ammo is not regulated, contrary to what some gun club legal “experts” might allege.
HOW CAN I LEGALLY TRANSPORT OR POSSESS FIREARM AMMUNITION? Illinois law requires residents possessing ammunition to have in their possession a valid FOID card or Illinois Concealed Carry License issued in their name. The location of the ammunition being transported, including ammunition being transported in loaded magazines, is not regulated if the firearm is lawfully possessed and transported. When transporting, do NOT store a loaded magazine in the firearm’s magazine well or ammunition in a revolver’s cylinder.
Now, go forth and enjoy the shooting sports. Tell nagging FUDDs to bone up on the law or be quiet.