Chicago Airport....

[EastTexasRancher]

Good morning, I hope someone here can help answer this question. My wife is flying from Detroit, and because of weather delays it looks like she's gonna be laid over at o'hare. She's traveling with a checked firearm. What does she do if The airline offloads and wants her to grab her luggage? I've told her to refuse it and get with the airline, but wanna make sure I'm giving her the correct information. If anyone has experience with this, please reply.

[The Annoyed Man]

https://www.dnr.illinois.gov/hunting/do ... egally.pdf

There seems to be no legal mechanism provided in the above document for someone in your wife's position. I would recommend that she refuse to take delivery of the checked bag until she is out of Illinois. If questioned why, she can explain to airline personnel and any interested LEOs that she has a lawfully checked firearm in her checked baggage, and lacks an Illinois FOID card to legally take possession of the bag between flights. Therefore she insists that the bag stay behind the secure area of the airport until she's safely on board an outgoing flight back to the Free States of America.

[Pawpaw]

The Illinois Supreme Court determined it was unreasonable to require a visitor to have a FOID card.

Visiting Gun Owners Don't Need Illinois FOID: Supreme Court

NOTE: She still can't carry there. Illinois does not (as far as I can tell) honor any other state's LTC.

[The Annoyed Man]

The Illinois Supreme Court determined it was unreasonable to require a visitor to have a FOID card.

Visiting Gun Owners Don't Need Illinois FOID: Supreme Court

NOTE: She still can't carry there. Illinois does not (as far as I can tell) honor any other state's LTC.

Pawpaw just beat me to this fact, although I found it here: http://www.handgunlaw.us/documents/ILSu ... edFoid.pdf. However, this is only valid if your wife holds a valid Texas LTC. If she does, then she is excused from the FOID card requirement, but she still can't carry the gun. However, she can have it in her possession if it is unloaded and locked in a proper gun case. But again, this only applies if she has an LTC. Without an LTC, her safest course of action is to insist that the airline retain possession of the bag until she deplanes here in Texas.

[RoyGBiv]

While I agree with TAMs recommendation to NOT retrieve the luggage and get the police involved while the luggage remains in the possession of the airline.... I honestly believe it would not be illegal to pick up the luggage as long as the gun remains unloaded and in a locked case.

I am not a lawyer. This is my OPINION.

Read the section on RV/Car carry on page 10 here.
http://handgunlaw.us/states/illinois.pdf

At the bottom of that section, top of page 11,is the following....

Title 18 > Part 1 > Chapter 44 > § 926A§ 926A. Interstate Transportation Of FirearmsNotwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

[oohrah]

I agree with Roy. IL recognizes federal transport. As long as the firearm remains in a locked case, unloaded, in her luggage until she is in her hotel room or other temporary residence, she is legal. One reason to consider is that IL bans all firearms from any area of an airport, including licensed carry outside security. But, you can legally "transport" your firearm in your luggage to check the baggage and fly out.

[stroo]

While Roy might appear to be right, people in exactly your wife's situation who took their luggage with a gun in it have been arrested in gun hostile jurisdictions. TAM's advice is right on. Don't take the luggage. Leave it with the airline until your wife and the luggage gets on a flight home.

[OneGun]

While Roy might appear to be right, people in exactly your wife's situation who took their luggage with a gun in it have been arrested in gun hostile jurisdictions. TAM's advice is right on. Don't take the luggage. Leave it with the airline until your wife and the luggage gets on a flight home.

Has that happened in Illinois? I have not heard of that in Illinois.

[canvasbck]

While Roy might appear to be right, people in exactly your wife's situation who took their luggage with a gun in it have been arrested in gun hostile jurisdictions. TAM's advice is right on. Don't take the luggage. Leave it with the airline until your wife and the luggage gets on a flight home.

AFAIK, those have all been at three airports: Newark, JFK, and LaGuardia. The NY/NJ Port Authority has stepped all over the federal travel protections. I am not aware of any issues outside of those three airports.

When I was traveling to PA once, the cheapest flight flew into Newark. I spoke with someone from the NJ highway patrol and he stated that I wouldn't have any problems once I left the airport as long as the gun was unloaded and locked in the trunk. He also advised me to check with Port Authority as they have jurisdiction at the airport. To paraphrase what I was told by the Port Authority police, as soon as I am in control of my luggage (carrying it) and it's not locked in the trunk of a car, I'm violating NJ law and am subject to arrest.

In essence, as soon as you declare, you have admitted to a crime by telling the agent that you have a handgun in your bag that isn't locked in the trunk of a car.

[rotor]

I agree with TAM. If she takes the luggage she will have to recheck it in and that's where I believe they get you. As long as the airline keeps possession it should continue on its way to Texas, we hope.

[ScottDLS]

I agree with TAM. If she takes the luggage she will have to recheck it in and that's where I believe they get you. As long as the airline keeps possession it should continue on its way to Texas, we hope.

What about the baggage handlers, presumably the Chicago PD will be all over them...?

[EastTexasRancher]

Closure:

No layover at O'Hare. One airline put her on another airline routed through Dallas. All good there.

We actually talked about this exact scenario before she left on her trip.

Thank you all for your advice. But please note, my wife travels with her weapon....I am proud of her!!!!

[Flightmare]

Closure:

No layover at O'Hare. One airline put her on another airline routed through Dallas. All good there.

We actually talked about this exact scenario before she left on her trip.

Thank you all for your advice. But please note, my wife travels with her weapon....I am proud of her!!!!

Glad it was a non event. And congratulations on picking one of the good ones!

[Soccerdad1995]

While Roy might appear to be right, people in exactly your wife's situation who took their luggage with a gun in it have been arrested in gun hostile jurisdictions. TAM's advice is right on. Don't take the luggage. Leave it with the airline until your wife and the luggage gets on a flight home.

AFAIK, those have all been at three airports: Newark, JFK, and LaGuardia. The NY/NJ Port Authority has stepped all over the federal travel protections. I am not aware of any issues outside of those three airports.

When I was traveling to PA once, the cheapest flight flew into Newark. I spoke with someone from the NJ highway patrol and he stated that I wouldn't have any problems once I left the airport as long as the gun was unloaded and locked in the trunk. He also advised me to check with Port Authority as they have jurisdiction at the airport. To paraphrase what I was told by the Port Authority police, as soon as I am in control of my luggage (carrying it) and it's not locked in the trunk of a car, I'm violating NJ law and am subject to arrest.

In essence, as soon as you declare, you have admitted to a crime by telling the agent that you have a handgun in your bag that isn't locked in the trunk of a car.

So pull up to the curb in a cab, tip the curb side check in guy (airline employee) a few bucks to grab your bag from the trunk, and then as soon as he has it in his possession declare the firearm. That might work.

Or just avoid travel to places that don't respect our civil rights like North Korea, and New York / New Jersey.