Parking Area Exception for Concealed Carry

The Parking Area Exception (430 ILCS 66/65(b))

Section 65(b) of the Firearm Concealed Carry Act creates an exception for CCL holders who drive to locations where concealed carry is otherwise prohibited.^[1] Under this exception, a licensee may carry a concealed firearm on or about his or her person within a vehicle into the parking area of a prohibited location, except a location under paragraph (22) or (23) of Section 65(a), and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding the vehicle only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk.

Storage Requirements

To lawfully store a firearm under the parking area exception, the CCL holder must meet all of the following conditions:^[1]

• The firearm must be concealed in a case. A case includes a glove compartment or console that completely encloses the firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.
• The case must be placed within a locked vehicle or a locked container within the vehicle
• The firearm must be out of plain view

All three conditions must be satisfied simultaneously. A firearm that is in a case but visible through the window, or in a case in an unlocked vehicle and not within a locked container, does not comply with the exception.^[2]

Scope of the Exception

The parking area exception applies to the parking areas of the prohibited locations listed in Section 65, except nuclear facilities under paragraph (22) of Section 65(a) and areas where firearms are prohibited under federal law under paragraph (23).^[3]

Practical Applications

Common scenarios where the parking area exception is relevant include:^[2]

• Driving to a school to drop off or pick up a child
• Parking at a hospital, hospital affiliate, mental health facility, or nursing home for an appointment
• Attending an event at a building under the control of an officer of the executive or legislative branch of government
• Visiting a public library, museum, or a public park under the control of a municipality or park district
• Commuting through a college or university campus parking lot

In each case, the CCL holder may drive into the parking area with a concealed firearm and may carry it in the immediate area around the vehicle only to store it in or retrieve it from the trunk. The parking exception does not authorize carry into a prohibited building.

Key Limitations

The exception does not turn the parking area into a general carry zone, but it is not limited to the inside of the vehicle either. Under 430 ILCS 66/65(b), a licensee may carry the concealed firearm within the immediate area surrounding their vehicle for the limited purpose of storing the firearm in the trunk or retrieving it from the trunk. Knowingly carrying on or into a prohibited parking area is a violation unless a statutory exception applies, including lawful travel along a public right of way touching or crossing the premises under Section 65(c).^[1]

Employer Parking Areas

The owner of private real property, including an employer, may prohibit the carrying of concealed firearms on the property under his or her control under Section 65(a-10). That prohibition is subject to the Section 65(b) parking exception, so a licensee may store a firearm concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area, except at nuclear facilities covered by Section 65(a)(22) or areas where firearms are prohibited under federal law under Section 65(a)(23).^[3]

Penalties for Non-Compliance

A CCL holder who knowingly carries a firearm on or into a prohibited location without qualifying for the parking exception or another statutory exception violates Section 65 and is subject to the penalties in Section 70(e). A first offense is a Class B misdemeanor, and a second or subsequent offense is a Class A misdemeanor.^[3]

See also: Vehicle Carry With and Without a CCL