Author Topic: Traveling through IL  (Read 6646 times)

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xerxescct

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Traveling through IL
« on: April 15, 2013, 04:56:59 PM »
I was reading the Bad CPL thread and noticed a discussion about what to do when traveling through Illinois. Phil posted his procedure on what to do during a traffic stop in IL. I travel to St.Louis 4 times a year and plan to get my own CPL this summer which is around the same time I will be heading to St.Louis. Obviously I will be going through IL to get to St.Louis as I always do.

I have determined that I will simply lock the pistol unloaded in the trunk while I travel through IL.

Can the officer simply run my plate along with the registered owner to determine if I have CPL? I touched on this topic on another thread but it sounded like they only do this just before approaching the vehicle.

In doing so would that give the officer just cause to initiate a traffic stop to determine weather I am carrying or if I have a pistol in the trunk for legal transport?

Legal search was mentioned. You can be put in the back of their patrol car while they search your vehicle. I always travel with the family and we stay at a motel so our trunk is always packed. Would they bother looking in the trunk or would they just search the passenger compartment?

Lets say they found the pistol in the trunk and I followed all the laws regarding legal transport. Would they attempt to seize the weapon and or run a register check on it to determine if I were the owner?

The reason I ask these questions is I don't need to go through the trouble of a traffic stop just because I have a CPL. Even if I left my pistol at home I dont need to be worried about a cop pulling up behind me and pulling me over simply for that reason of being a CPL holder. I am unfamiliar with most of the laws and would like to learn.

Thank You

Offline TheQ

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Traveling through IL
« Reply #1 on: April 15, 2013, 05:59:56 PM »
There is a federal law that protects you in these cases where you are traveling through a state and not making any stops in that state. However, some states like to ignore this.

A cop can always search your car, the key question is whether or not the search is legal. Chances are, unless you consent to it it won't be unless the cop has probable cause.

This question is best left up to lawyers in the courts. The key thing you need to know is that you never need to consent to a search and you should never consent to a search -- even once he gets a warrant. Never physically resist the officer.

These two videos are simply a must for you to watch:





They will both be well worth your time!
I Am Not A Lawyer (nor a gunsmith).

xerxescct

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Re: Traveling through IL
« Reply #2 on: April 16, 2013, 03:04:18 AM »
Thanks for the reply. I've watched the videos. From a legal standpoint its clear where my rights are. 99 percent of the cops out there would not give me the time of day. But you always get that one cop out to ruin someone's day who would do everything they can illegally and then just let the courts deal with it. No matter how good your lawyer is its not something that will be fixed overnight and the crap you have to go through not to mention having your trip ruined is almost not worth the risk. Simply saying you do not concent to search will give a cop an excuse of suspicion to search the car anyway.

I guess the main point to the thread was if they would run my plate to determine my cpl status and then execute a traffic just based solely on the fact that I had a cpl. Similar to a parole search. You run the risk of pissing a cop off even more by saying no.

So Yeh legally I'm good to go. But not all cops follow the rules.

Offline TheQ

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Traveling through IL
« Reply #3 on: April 16, 2013, 08:05:58 AM »
You want to be 100% safe?

1. Don't take a gun
2. Go around IL

Vast chances are you'll be just fine if you travel and follow my model you've read about.
I Am Not A Lawyer (nor a gunsmith).

Offline gryphon

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Re: Traveling through IL
« Reply #4 on: April 18, 2013, 02:51:39 AM »
Phil answered your legal questions.

Now for the practical.  If you do not speed and obey other traffic laws the chances of you getting stopped or bothered in any way are statistically zero.