Uncased Weapon in Vehicle: An Overview of Illinois Law 520 ILCS 5/2.33(n)
In Illinois, it is generally unlawful to have an uncased and loaded weapon in a vehicle. This is codified in the state’s Wildlife Code at 520 ILCS 5/2.33(n), which states that it is illegal to have “any uncased, loaded weapon in or on any vehicle.” However, there are some exceptions that allow transporting uncased firearms in certain circumstances. Here is an overview of the law and its implications.
Background of 520 ILCS 5/2.33(n)
The Wildlife Code covers various regulations related to hunting, fishing, and conservation in Illinois. Section 2.33 lists out numerous “prohibitions” – acts that are illegal under the code. Paragraph (n) specifically prohibits having uncased, loaded weapons in vehicles.
This law has been in place for many years to promote safety during hunting seasons. Its purpose is to prevent hunters from having quick access to loaded guns while driving around, which could lead to accidental shootings. Requiring weapons to be unloaded and encased ensures a level of control and responsibility.
When Is It Legal to Have an Uncased Weapon in a Vehicle?
There are a few exceptions to 520 ILCS 5/2.33(n) that allow transporting uncased firearms under certain conditions:
- Unloaded shotguns or rifles – It is legal to have an unloaded shotgun or rifle uncased in a vehicle. So hunters can transport unloaded long guns to and from hunting sites. The guns just need to be unloaded.
- Handguns with a Valid FOID Card – Illinois residents who have a valid FOID (Firearm Owners Identification) card can transport uncased handguns in vehicles, as long as they are unloaded and in an accessible place. This allows for legal concealed carry with a permit.
- On Private Property – Uncased weapons are allowed on private property, including in vehicles on private land. So hunters can have loaded weapons on ATVs on private hunting grounds, for example.
- Disabled Hunters – Those with physical disabilities that make it hard to case/uncase guns can get a permit from the Department of Natural Resources allowing transport of uncased, loaded weapons.
So in summary, it is legal to have an uncased weapon in a vehicle if it is unloaded, you have a valid FOID card, it is on private property, or you have a disabled hunter permit. But in general, the law requires encased transport.
Definitions Under the Law
- “Uncased” – This refers to a weapon that is not fully enclosed in a case or container specifically designed for transporting firearms. A partial case that doesn’t completely enclose the weapon doesn’t qualify.
- “Loaded” – This means the weapon has ammunition in it, including just having shells in the magazine. It does not have to have a round in the chamber.
- “Vehicle” – Any device for transporting people or goods on land, including cars, trucks, ATVs, trailers, snowmobiles, etc.
So having a shotgun with shells in the magazine, but no round chambered, in the back of an open pickup truck would be illegal under 520 ILCS 5/2.33(n).
Purpose and Rationale of the Law
The intent behind 520 ILCS 5/2.33(n) is to enhance public safety by keeping loaded firearms encased when not in use. Loaded guns can go off accidentally, so containing them reduces the risks. And it prevents poachers from having quick access to loaded weapons from vehicles.
While encased transport may be less convenient, particularly for disabled hunters, the rationale is that the minor inconvenience is worth it to prevent potential injuries or deaths from mishandling of firearms in vehicles.
Penalties for Violating 520 ILCS 5/2.33(n)
Transporting an uncased, loaded weapon in a vehicle is a Class B misdemeanor under Illinois law. Penalties include:
- Up to 6 months in jail
- Fines up to $1500
- Weapon confiscation or forfeiture
The crime may also result in suspension or revocation of FOID cards and hunting/concealed carry licenses.
Given the potential severity of penalties, it is important for gun owners to understand the requirements around encased transport in vehicles. Ignorance of the law is not a valid legal defense.
Responsible Transport of Firearms
While 520 ILCS 5/2.33(n) may seem restrictive, it aims to promote responsible firearm handling. Some tips for lawful, safe transport include:
- Always keep guns unloaded until ready to use
- Use thick, high-quality gun cases that fully enclose weapons
- Store ammunition separately from firearms
- Avoid handling guns in vehicles when possible
- Know relevant laws on transporting firearms
- Get a disabled hunter permit if needed
Following basic safety protocols ensures compliance with the law while preventing accidents and misuse.
Counter Arguments in Favor of Uncased Carry
Some gun rights advocates argue that requiring encased transport infringes on their rights and safety:
- Encasing guns slows access for self-defense
- It burdens disabled hunters
- Cased carry may be less safe if cases aren’t designed well
- Permit holders should be trusted to carry responsibly
However, the counterpoints are:
- Self-defense exceptions could be added to the law
- Disabled permit fixes address that concern
- Poor cases are an issue of improper use, not the law itself
- Permit holders still must follow other safety laws
So while the law may have some drawbacks, the safety benefits appear to outweigh arguments against it.
Comparison to Other States
Laws on transporting uncased firearms in vehicles vary across the U.S. Some states like Illinois mandate encased carry, while others simply prohibit loaded carry. And some states allow open or concealed carry of loaded weapons in cars.
So Illinois’ law is stricter than some states but more relaxed than jurisdictions like California, New York, and Washington D.C. that tightly restrict any uncased carry. This comparison shows Illinois attempts to balance firearms safety with hunters’ needs under 520 ILCS 5/2.33(n).
Conclusion
While transporting uncased, loaded weapons is generally prohibited in Illinois, there are exceptions like unloaded long guns or carry by permit holders. The rationale is preventing accidental shootings, though some argue this infringes on gun rights. Ultimately, following basic safety precautions allows compliant, responsible firearm transport under the law. But violations come with steep penalties, so understanding 520 ILCS 5/2.33(n) is crucial.