Vehicle Carry With and Without a CCL

Three Tiers of Vehicle Carry

Illinois law creates a tiered system for carrying firearms in vehicles, with the rules depending on the license and residency status of the person in possession. Each tier has distinct requirements for loading, encasement, and accessibility.^[2]

Tier 1: CCL Holders

A person holding a valid Concealed Carry License may carry a loaded, concealed firearm on their person while inside a vehicle.^[1] In a prohibited parking area where Section 65(b) allows storage, the CCL holder may store the firearm concealed in a case within a locked vehicle or locked container out of plain view. The handgun need not be unloaded or encased while it is carried in the vehicle in accordance with the Firearm Concealed Carry Act.

CCL Holder Obligations in a Vehicle

When a CCL holder is in a vehicle and is approached by a law enforcement officer, the holder is not required to volunteer that they are carrying a concealed firearm. During an investigative stop, including a traffic stop, the holder must disclose that they are carrying upon the officer's request, and presenting their CCL satisfies that disclosure requirement. Under 430 ILCS 65/2(c-5), possession of a valid CCL satisfies the FOID card possession requirement.^[6] If the officer initiates an enforcement stop (such as a traffic stop), the CCL holder should keep their hands visible and avoid reaching for the firearm until instructed by the officer.

Tier 2: FOID Card Holders Without a CCL

Under the unloaded-and-encased exception in 720 ILCS 5/24-1(a)(4)(iii), a person with a valid FOID card but no CCL may transport a firearm that meets both of the following conditions.^[2]

• Unloaded
• Enclosed in a case, firearm carrying box, shipping box, or other container

The case does not need to be locked, but the firearm must be fully enclosed. Ammunition may be transported in the same vehicle but should be stored separately from the firearm, not loaded in the firearm or in an attached magazine.^[2]

What Qualifies as a "Case"

Section 24-1.6(c)(iii) does not define "case". Generally accepted enclosures include hard-sided gun cases, soft-sided zippered cases, and original manufacturer packaging. Under the Criminal Code, a center console can qualify as a case, and any other container must enclose the firearm.^[5]

Tier 3: No FOID Card

A person who does not hold a valid FOID card is generally prohibited from possessing a firearm in Illinois, including within a vehicle. For a person not covered by an exemption, possessing a firearm without a valid FOID card violates the Firearm Owners Identification Card Act and may result in misdemeanor or felony charges depending on the circumstances. Vehicle carry may also violate 720 ILCS 5/24-1.^[2]

Non-Resident Licensees Under 430 ILCS 66/40(e)

A further category covers non-residents. Under 430 ILCS 66/40(e), a non-resident may transport a loaded concealed handgun within their vehicle in Illinois if they are not prohibited from owning or possessing a firearm under federal law, are eligible to carry a firearm in public under the laws of their state or territory of residence, and are not in possession of an Illinois CCL. Home-state public-carry eligibility must be evidenced by possession of a concealed carry license or permit issued by the state of residence, if applicable. The firearm must remain within the vehicle. The authorization applies only within the vehicle. If the non-resident leaves the vehicle unattended, the firearm must be stored within a locked vehicle, or in a locked container within the vehicle, following the parking-area storage rules of 430 ILCS 66/65(b).

Narrow Exceptions for Non-FOID Holders

The federal Firearm Owners Protection Act (FOPA, 18 U.S.C. 926A) permits a person not prohibited by federal firearms law from transporting, shipping, or receiving a firearm to transport it for a lawful purpose between places where they may lawfully possess and carry it. During transport, the firearm must be unloaded, and neither it nor any ammunition may be readily accessible or directly accessible from the passenger compartment. If the vehicle has no compartment separate from the driver's compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console.^[3] Illinois FOID exemptions cover nonresident hunters during hunting season with valid nonresident hunting licenses in areas where hunting is permitted, and nonresidents on firing or shooting ranges recognized by the Illinois State Police. At all other times and places, these persons must have their firearms unloaded and enclosed in a case. A separate FOID exemption covers nonresidents whose firearms are unloaded and enclosed in a case.^[2]

Aggravated Unlawful Possession of a Weapon

Carrying an uncased, loaded, immediately accessible firearm in a vehicle without a CCL can result in charges of Aggravated Unlawful Possession of a Weapon (720 ILCS 5/24-1.6), unless a statutory exception applies. A first offense is generally a Class 4 felony, but a prior felony conviction makes it a Class 2 felony and the specified body-armor offense is a Class X felony. A qualifying first firearm offense by a person 18 or older under Section 24-1.6(d)(2) requires 1 to 3 years in prison and carries fines up to $25,000. A second or subsequent offense is a Class 2 felony with a mandatory prison term of 3 to 7 years, except as provided in Section 5-4.5-110 of the Unified Code of Corrections.^[4]

See also: Transporting Firearms in Illinois