All, but four states do not have gun case laws, making the
Clutter Organizer a legal gun case in almost every state. The
4 states that have gun case laws are: Minnesota, Wisconsin, Iowa
& Illinois. The following are the gun case laws for the 4
states that have them.
Minnesota (Acts as a legal gun case)
Natural Resources/Enforcement
This is the wording of the law on the transportation of a
firearm in a motor vehicle in Minnesota.
The storage box that you have designed, as it is now, meets
these requirements:
It is expressly made to hold firearms. It is fully enclosed
and latched by the rear seat. No portion of the firearm is exposed.
It is fastened by the seat latch and can only be opened after
pulling on the seat release cord.
97B.045 Transportation of firearms.
Subdivision 1. Restrictions. A person may not transport a
firearm in a motor vehicle unless the firearm is: (1) unloaded
and in a gun case expressly made to contain a firearm and the
case fully encloses the firearm by being zipped, snapped, buckled,
tied or otherwise fastened, and without any portion of the firearm
exposed; (2)unloaded and in the closed trunk of the motor vehicle;
or (3) a handgun carried in compliance with sections 624.714
and 624.715.
Acting Captain Steve Jacobson Regional
Enforcement Manager Division of Enforcement
........................................................................................................................................................................
Illinois (Pending Approval)
What constitutes a legal gun "case"?
The Criminal Code refers to "a case,
firearm carrying box, shipping box, or other container."
However, the Wildlife Code is more specific, defining case as
"a container specifically designed for the purpose of housing
a gun or bow and arrow device by being zipped, snapped, buckled,
tied, or otherwise fastened with no potion of the gun or bow
and arrow device exposed."
Transporting Your Gun Legally
Here are the answers to some commonly asked questions on transporting
firearms in Illinois.
Unless specifically exempted by statute, Illinois
residents who acquires or possesses firearms or firearm ammunition
within the state must have in their possession a currently valid
Firearm Owner's Identification (FOID) card issued in their name.
Following are some of the more common questions
and the answers, as provided by the Illinois State Police and
DNR Conservation Police. Answers are meant only to give general
guidance regarding transporting firearms and ammunition. The
answers do not and are not meant to replace statutory language.
Question: How can I legally transport a firearm on my person
or in my vehicle?
Answer: Three statutory codes regulate the
possession, transfer, and transportation of firearms the Criminal
Code, the Wildlife Code, and the Firearm Owner's Identification
Act. Under Unlawful Use of Weapons (UUW) in the Criminal Code,
persons who have been issued a valid FOID card may transport
a firearm anywhere in their vehicle or on their person as long
as the firearm is unloaded and enclosed in a case, firearm carrying
box, shipping box or other container. Firearms that are not immediately
accessible or are broken down in a non-functioning state may
also be carried or transported under the Criminal Code. The Wildlife
Code, however, is more restrictive. It requires that all firearms
transported in or on any vehicle be unloaded and in a case.
Because of this, it is recommended that, in
order to be in compliance with all statutes, all firearms be
transported unloaded and enclosed in a case and by persons who
have a valid FOID card.
Unless specifically exempted from UUW, a person
commits a Class 4 Felony if he or she carries or possesses a
firearm contrary to the aggravated UUW law of the Criminal Code
(i.e., unlawfully carries on their person or illegally transports
a firearm in a vehicle) and one or more of the following aggravating
factors apply:
(1) The firearm possessed was uncased, loaded
and immediately accessible at the time of the offense;
(2) The firearm possessed was uncased, unloaded
and the ammunition for the weapon was immediately accessible
at the time of the offense;
(3) Does not have a valid FOID card;
(4) Was previously adjudicated of a Felony
as a juvenile;
(5) Was engaged in a Misdemeanor violation
of the Cannabis Control Act or the Controlled Substances Act;
(6) Is a member of a street gang;
(7) Has had an order of protection against
them in the last two years;
(8) Was engaged in the commission or attempted
commission of a Misdemeanor involving the use of violence against
another person or the property of another; or
(9) Is under 21 years of age and in possession
of a handgun, unless the person is engaged in hunting activities
under the Wildlife Code.
Question: What constitutes a legal "case?"
Answer: The Criminal Code refers to "a
case, firearm carrying box, shipping box or other container."
However, the Wildlife Code is more specific, defining case as
"a container specifically designed for the purpose of housing
a gun or bow and arrow device which completely encloses such
gun or bow and arrow device by being zipped, snapped, buckled,
tied or otherwise fastened with no portion of the gun or bow
and arrow device exposed."
Question: How do the differences in these
two laws affect me for the purposes of the Unlawful Use of Weapons
law?
Answer: It is recommended that persons transport
their firearms only unloaded and in a case in order to be fully
compliant with all statutes. A firearm transported in a container
other than a case while engaged in activities covered by the
Wildlife Code could subject an individual to a charge of Class
B Misdemeanor under the Wildlife Code, but would not be considered
Unlawful Use of Weapons if the container were a "firearm
carrying box, shipping box or other container" as provided
in the Criminal Code.
Question: If I fail to zip up the case entirely,
will I be guilty of a felony?
Answer: No, as long as the firearm is unloaded
and none of the aggravating factors of the Unlawful Use of Weapons
law is present. The way to avoid this situation is to make sure
firearm cases are completely zipped or otherwise completely fastened
shut.
Question: What is "immediately accessible?"
Answer: The test is if a reasonable person
would conclude that the firearm is located within a relatively
quick reach. It is a Class 4 Felony to have an uncased, loaded
firearm immediately accessible. It is recommended that firearms
be unloaded and enclosed in a case, and possessed by an individual
with a valid FOID card when being transported.
Question: What is broken down in a non-functioning
state?
Answer: The firearm is disassembled, making
it inoperable, e.g., slide or barrel removed.
Question: Does a firearm have to be broken
down to be legal?
Answer: No. However, it is recommended that
to transport a firearm it be unloaded and encased, and possessed
by the holder of a valid FOID card.
Question: How can I legally transport my firearm
in my Sports Utility Vehicle (SUV), pickup truck, van, station
wagon or even a motorcycle?
Answer: The surest way is to have the firearm
unloaded and enclosed in a case, and to make sure your FOID card
is valid.
Question: How do I transport a firearm through
an Illinois community with an ordinance that prohibits firearms
or handguns?
Answer: Illinois' Unlawful Use of Weapons
law does not preempt local ordinances from banning firearms.
Persons carrying or transporting firearms through such communities
could be subject to local firearm ordinances. Federal law does
attempt to provide limited protection in these circumstances,
but when transporting firearms in unfamiliar communities, it
is a good idea to check with authorities on local law.
Question: If a nonresident is coming to Illinois
to hunt and would like to bring their firearm, how do they legally
transport it?
Answer: Nonresidents must comply with the
gun case law as described above. Additionally, the firearm must
not be immediately accessible or must be broken down in a non-functioning
state.
Question: What if I leave a firearm in my
vehicle (regardless of location) and a family member, without
a valid FOID card, is driving the vehicle without me and is stopped
by police and the firearm is found?
Answer: The law states a person must "knowingly"
violate the law. The assumption in the question is that the family
member was unaware of a firearm's presence. However, at a traffic
stop, you should expect the officer to handle the situation at
face value, take enforcement action accordingly and let the court
settle the matter. Depending on the situation, the charge could
be a Class 4 Felony. Don't put a family member in that position.
Question: How can I legally transport ammunition?
Answer: Illinois law requires that residents
possessing ammunition must have a valid FOID card. Transporting
an unloaded, uncased firearm with ammunition immediately accessible
is a Class 4 Felony, unless the firearm is not immediately accessible
or is broken down in a non-functioning state.
The location of ammunition being transported,
including ammunition being transported in loaded magazines, is
not regulated if the firearm is possessed or transported lawfully.
Question: Is it illegal to have ammunition
in the case with the firearm?
Answer: No, if the firearm is unloaded and
is properly enclosed in a case and the individual possessing
the firearm and ammunition is in possession of a valid FOID card.
Question: Can I transport a firearm in a gun
rack in the back window of my truck?
Answer: Yes, if the firearm is unloaded and
encased, and you are a resident with a valid FOID card. One thing
to consider-a gun displayed in a window could invite theft.
Question: I have a friend/relative who has
a "conceal and carry" permit issued in the state in
which they reside. Is the permit recognized in Illinois?
Answer: No. Nonresidents are subject to Illinois
law, restrictions and penalties, and should be familiar with
them if the nonresident plans to bring a firearm into the state.
Question: What constitutes "unloaded"
for a muzzle loading firearm?
Answer: (17 Ill. Admin. Code, Ch, I, Sec 660.30
- 5) provides a definition for an unloaded muzzle loading firearm
as follows:
"Removal of percussion cap or removal
of prime powder from frizzen pan with frizzen pan open and hammer
all the way down or removal of prime powder from flashpan and
wheel unwound or removal of prime powder and match with match
not lit shall constitute an unloaded muzzle loading firearm."
For more information on transporting a firearm, contact one
of the following agencies: Illinois State Police: (217) 524-2525,
FOID office: (217) 782-7980 or go to their home page: http://www.state.il.us/isp
or Department of Natural Resources Office of Law Enforcement:
(217) 782-6431, or go to: http://dnr.state.il.us. DNR's TTY number
is (217) 782-9175.
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Wisconsin (Pending Approval)
Transporting Firearms in Motor Vehicles, Boats, or Aircraft.
In general, no one may place, possess, or transport a firearm
in a motor vehicle, motorboat, or aircraft unless the firearm
is unloaded and in a carrying case. Loading or discharging a
firearm in or from a vehicle is also prohibited [ss. 167.31 (2)
(a) and (b), and (3) (a)].
........................................................................................................................................................................
Iowa (Pending Approval)
Iowa Code
483A.36 Manner of conveyance.
Gun Case Law
No person, except as permitted by law, shall have or carry a
gun in or on a vehicle on a public highway, unless the gun is
taken down or completely contained in a securely fastened case,
and its barrels and magazines are unloaded.
A gun may be transported in an automobile
without a permit if it is carried:
(1) In a closed and fastened container;
(2) In a securely wrapped package to large to be concealed on
a person; or
(3) In a luggage or cargo compartment that is not easily accessible
to any occupants of the automobile.
[Warning: some county attorneys will apply the "easily accessible
prohibition to all three forms of transportation even though
it is statutorily applicable only to the third]
Transporting Weapons in Iowa
There is no provision in Iowa law that provides for honoring
permits to carry issued in other states; and there is no reciprocity
provision. You may still bear arms in Iowa without a permit under
existing Iowa and federal law.
Under Iowa law, you can either carry
or transport an unloaded pistol or revolver in a vehicle inside
a closed and fastened container or securely wrapped package which
is too large to be concealed on the person or you can transport
an unloaded pistol or revolver inside a cargo or luggage compartment
where it will not be readily accessible to any person riding
in the vehicle. Notice that in the second option, there is no
requirement for the closed and fastened container or securely
wrapped package to be too large to be concealed on the person.
In other words, if you have a cargo or luggage compartment which
is not accessible by anyone in the vehicle, the unloaded and
encased handgun does not need to be so big that it cannot be
concealed on the person. The requirement for the closed and fastened
container is also addressed in a separate section, 483A.36
(see below).
The applicable federal law, which appears
below as 18 USC § 926A., requires the firearm to be
unloaded, and neither the firearm nor any ammunition being transported
can be readily accessible or directly accessible from the passenger
compartment of such transporting vehicle, or in the case of a
vehicle without a compartment separate from the driver's compartment
the firearm or ammunition shall be contained in a locked container
other than the glove compartment or console. This applies to
all types of firearms and ammunition. So, to comply with this
section of federal law while transporting a firearm in a van
or SUV, you would need the firearm and/or ammunition to be in
a locked container apart from the glove compartment or console.
This requirement must be met for all states between your home
state and your state of destination.
Iowa Code
724.4
Carrying weapons.
f. A person who for any lawful purpose carries or transports
an unloaded pistol or revolver in a vehicle inside a closed and
fastened container or securely wrapped package which is too large
to be concealed on the person or inside a cargo or luggage compartment
where the pistol or revolver will not be readily accessible to
any person riding in the vehicle or common carrier. Iowa Code
483A.36
Manner of conveyance. No person, except as permitted
by law, shall have or carry a gun in or on a vehicle on a public
highway, unless the gun is taken down or totally contained in
a securely fastened case, and its barrels and magazines are unloaded.
United States Code
18
USC § 926A. Interstate transportation
of firearms
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any
person who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport
a firearm for any lawful purpose from any place where he may
lawfully possess and carry such firearm to any other place where
he may lawfully possess and carry such firearm if, during such
transportation the firearm is unloaded, and neither the firearm
nor any ammunition being transported is readily accessible or
is directly accessible from the passenger compartment of such
transporting vehicle: Provided, That in the case of a vehicle
without a compartment separate from the driver's compartment
the firearm or ammunition shall be contained in a locked container
other than the glove compartment or console.
(Added Pub.L. 99-360, § 1(a), July 8, 1986, 100 Stat. 766.)
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