Three Letters Re: Speeding Coyote Hunters Arrested in Illinois

Jim
I went to college at Western Illinois University [WIU] and now live 30 miles from there. I don’t know much about the guys that got arrested but I can give you some info on Illinois gun laws.
No NFA [“Class 3”] items are allowed except for possibly AOWs. I have heard conflicting reports on AOWs, but know for sure that “silencers” (sound suppressor) are
illegal under the state law.

As for transporting guns, all guns must be unloaded and inside of a closed case. This goes for handguns and long guns. And no a glove box, center console, or
trunk don’t count as a case for the gun.

Also, the only CCW allowed in Illinois is by police, retired police with the proper paperwork, private investigators with proper paperwork, and of course just about any
Chicago politician. – Mark from the corrupt state of Illinois

 

JWR,
Regarding the recent post about the two young men arrested for weapons offenses in Illinois. In Illinois, it is illegal to have a firearm in a loaded or open carry manner in a vehicle. All guns, long arms and handguns, must be unloaded and in a case. Interesting to note, my wife and I drove to Idaho this summer from our home in New Jersey looking for areas for relocation.That was a 6,000 mile trip and the only two states that I could not have my handgun loaded and either on my person or in the glove box were Illinois and Iowa. Although Iowa does have a consideration for concealed carry for residents. Illinois and Wisconsin are the only two states in the Union that do not recognize an individuals right for self protection with a firearm (the only two “no issue” states in the union). Just an FYI you may want to pass along to your readers. – CG

Sir;
An interesting post there “Letter Re: Speeding Coyote Hunters Arrested in Illinois”. I was curious why they were arrested and what “aggravated unlawful use of a weapon might be” so I went to look up some Illinois law.

It seems like they were arrested for what I would call “carrying concealed without a permit”.
It looks like the problem was the immediately accessible loaded handgun (without a concealed carry permit)–they had loaded handguns under the seat.

So:
1) Don’t do that!
2) If you are doing that, then don’t speed
3) Never give law enforcement officers permission to search your person, your car, residence, etc.

Some YouTube videos on the subject:

One
Two
Three

Regards, – Karl W.

JWR Replies: There may have been the doctrine of “plain view” invoked, whereby the owner’s permission is not required for a search.
In sum, it sounds more likely it was just bad OPSEC rather to blame, than anything else. When traveling in gun-grabby states, guns and and accessories must be kept out of view.

We live in the era of the Nanny State. So it is important–particularly for those of you that live in the more populous and heavily-regulated states–to study these doctrines which can be used as the pretext for searches: Plain View, Reasonable Suspicion, and Probable Cause. These doctrines are drummed ito the heads of students at police academies. Your knowledge of these doctrines, and your ability to intelligently articulate them to law enforcement are quite important if you want to remain free to go about your business. Be polite, but stand up for your rights. If you are asked for permission to search you vehicle, then decline politely. If the officer persists, you should say something to the effect of” “I’m sorry officer, but I have been advised by my attorney to never voluntarily assent to a search. Is there anything substantive stemming from the doctrines of Plain View, Reasonable Suspicion, or Probable Cause that would lead you to believe that I am engaged in any illegal activity beyond the motor vehicle code infraction for which you pulled me over? Assuming there is not, am I now free to go?”

Further, my advice specifically to the good people of Illinois is: Don’t continue to live under such tyrannical laws. Exercising the Right to Keep and Bear Arms should a given rather than something that must be kept a secret. Vote with your feet, and move! FWIW, I briefly compare the gun laws of 19 western states as part of my analysis in my Recommended Retreat Areas page. But for a far more detail on the gun laws of all 50 states, see Boston’s Gun Bible. (BYW, I consider that book a “must” for the bookshelf of every prepared American family.)