Can I Drive with My Gun Under My Seat?

 Posted on August 29, 2024 in Criminal Defense

State gun laws vary considerably from state to state, as do federal firearm laws. State gun laws may be broader or more limited in scope than federal gun laws. Every state except California, Maryland, Minnesota, New Jersey, and New York has a provision in their state constitutions protecting the right to keep and bear arms under the Second Amendment. Reciprocity may exist between states regarding concealed carry permits, but this is not always the case.

As an example, Oregon does not recognize an Idaho concealed carry permit, but Idaho does recognize a concealed carry permit from Oregon. Because state laws can differ so significantly, you should never travel with a handgun unless you are familiar with the laws of the states you will be traveling through, as you could end up facing weapons charges. Illinois does not recognize concealed carry permits from other states. If you have been charged with a firearm offense in the state of Illinois, you can benefit significantly from speaking to a knowledgeable Libertyville, IL weapons charges attorney from The Law Offices of Matthew R. Gebhardt, P.C..

Understanding the Illinois Concealed Carry Law

Under the Illinois Firearm Concealed Carry Act,  individuals may have a loaded or unloaded handgun on their person, whether totally or completely concealed from view of the public, if the person:

• Is at least 21 years of age
• Has a current FOID (Firearm Owner’s Identification) card at the time of the application
• Is not prohibited under federal law from possessing or receiving a firearm
•  Has not been convicted of a felony or misdemeanor that involves the use or threat of physical force or violence within the prior five years
• Has not had more than two violations for DUI, alcohol, or drugs within the prior five years
•  Has no pending arrest warrants or is not actively being prosecuted for an offense that could lead to firearm disqualification
• Has not undergone residential or court-ordered treatment for alcohol or drug problems within the prior five years
• Has completed firearms training and education

The application for an Illinois concealed carry permit requires a full set of fingerprints, head and shoulder color photos taken within 30 days of the application date, a release form for a background check, and document copies of training and education compliance. The application fee is $150 for residents and $300 for non-residents. An Illinois concealed carry permit is good for five years, and a renewal application must be submitted every five years.

Does an Illinois Conceal Permit Allow the Holder to Have a Gun Under the Seat of the Car?

A person who has a valid Illinois concealed carry permit can store his or her weapon in a locked vehicle inside a locked container that is out of plain view. An individual with a concealed carry permit can briefly carry or retrieve the weapon, say from the driver’s seat to the trunk of the car, to place the gun in a locked container. Other "acceptable" storage places include the center console, glove compartment, or trunk after the gun is placed in a locked container.

Remember, these laws concern Illinois residents with a valid concealed carry permit, not those with a concealed carry permit from another state. If you are pulled over for a traffic violation or for any other reason, you have a duty to inform a police officer you are carrying a firearm and must provide your Conceal Carry License. If you are unable to produce your CCL, you are subject to Class B misdemeanor charges.  

Contact a Lake County, IL Weapons Charges Attorney

Weapons charges should never be taken lightly. If you are facing gun charges, you should immediately contact a Waukegan, IL weapons charges attorney from The Law Offices of Matthew R. Gebhardt, P.C.. Attorney Gebhardt previously worked for the Cook County State’s Attorney’s Office as a prosecutor, which gives him a unique perspective when defending those charged with a criminal offense. With more than 20 years of experience, [title]] best serves his clients by fighting to protect their rights and their futures. Call 847-239-4703 to schedule your free consultation to discuss your charges.