Does Illinois Have a Peaceable Journey Law? Transporting Firearms Through Illinois

Illinois has no firearms statute called a peaceable journey law. A traveler carrying firearms through Illinois may instead rely on exemptions in the Firearm Owners Identification Card Act, a vehicle rule in the Firearm Concealed Carry Act, transport exceptions in the Criminal Code and the federal interstate transport rule, each only under its own conditions.

Do Nonresidents Need a FOID Card?

Not in the situations the FOID Act lists. Section 2(b) exempts nonresidents whose firearms are unloaded and enclosed in a case, and nonresidents who are currently licensed or registered to possess a firearm in their resident state.^[1] Nonresident hunters with valid nonresident hunting licenses during hunting season and in an area where hunting is permitted, and nonresidents at a range or firearm showing recognized by the Illinois State Police, have their own exemptions. At all other times and places their firearms must be unloaded and enclosed in a case.^[1]

Can a Nonresident Keep a Concealed Handgun in the Car?

Section 40(e) of the Firearm Concealed Carry Act lets a nonresident who holds no Illinois license transport a concealed firearm within their vehicle in Illinois if the firearm remains within the vehicle, the nonresident is not prohibited from owning or possessing a firearm under federal law, and the nonresident is eligible to carry a firearm in public under the laws of their home state, as shown by a carry license or permit from that state if one applies.^[2]

A nonresident who leaves the vehicle unattended must store the firearm within a locked vehicle or a locked container within the vehicle in accordance with subsection (b) of Section 65, which requires the firearm to be concealed in a case within a locked vehicle or locked container out of plain view within the vehicle.^[2]

Transport Exceptions in the Criminal Code

The unlawful possession provision in 720 ILCS 5/24-1(a)(4) and the aggravated unlawful possession statute in 720 ILCS 5/24-1.6 do not apply to transporting weapons that are broken down in a non-functioning state, or that are not immediately accessible.^[3][4] They also do not apply to weapons that are unloaded and enclosed in a case, firearm carrying box, shipping box or other container by a person who has been issued a currently valid FOID card.^[3][4]

Federal Safe Passage Under 18 U.S.C. 926A

Federal law entitles a person who is not otherwise prohibited to transport a firearm for any lawful purpose from any place where they may lawfully possess and carry it to any other place where they may lawfully possess and carry it.^[5] During the trip the firearm must be unloaded, and neither the firearm nor any ammunition may be readily accessible or directly accessible from the passenger compartment.^[5] In a vehicle without a compartment separate from the driver's compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console.^[5]

See Also

• Traveling With Firearms Between IL, IN, WI, MO, and IA