My Chicago Gun Rights Examiner colleague Don Gwinn wrote yesterday about the expectation that the Illinois Supreme Court would rule today on whether or not the center console of a car fits the definition of a "case," for the purpose of legally transporting an unloaded firearm.
Go read the article. I'll wait--it's not long.
OK--got the background now?
Good news: today, the Supreme Court ruled that the center console is indeed a "case," for purposes of this discussion.
Section 24-1.6(c)(iii) of the Criminal Code of 1961 provides that a person is not guilty of aggravated unlawful use of a weapon if that weapon is "unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card." 720 ILCS 5/24-1.6(c)(iii)(West 2006). In the case at bar, we are asked to determine whether the center console of a vehicle is a "case" within the meaning of this provision. For the reasons that follow, we conclude that it is.Not exactly a "knockout blow" for freedom in Illinois, but in this state, we madly celebrate the little victories.
It's certainly a significant victory for the defendant, Michael Diggins, who will now not be spending two-and-a-half years in prison, for carrying unloaded, fully enclosed firearms, while having a valid FOID card.
This would also seem to provide some clarity on the legality of "fanny pack carry" in Illinois.
Chicago GRE Don Gwinn now has much more.