[davejensen]

I came across this excerpt from a 7th Circuit case while doing some research today. A guy hands his out-of-state CCW license to an IL State Trooper . . . and is surprised when he is detained and searched:

This account, as described by Lee, does not even hint at police misconduct. As soon as Trooper Price made contact with Lee, he was handed an out-of-state license to carry a concealed firearm. Price would have been remiss in not asking Lee if he had guns in the car, see People v. Ross, 289 Ill. App. 3d 1013, 682 N.E.2d 87, 90, 224 Ill. Dec. 526 (Ill. App. Ct. 1997) (explaining that police officer who was handed gun permit by motorist during routine traffic stop could reasonably assume that motorist was armed and ask about guns), though the inquiry would have been innocuous during a stop for speeding even without any suspicion, United States v. McBride, 635 F.3d 879, 882 (7th Cir. 2011); United States v. Childs, 277 F.3d 947, 954 (7th Cir. 2002) [*6] (en banc).
​

Lee v. Price, 2011 U.S. App. LEXIS 12293 (7th Cir. Jun. 17, 2001).

​

 

[usmcveteran]

Thanks for posting.

 

[merlin82+]

amen. I got stopped in SC and was opening up my wallet in view of the officer, going to pull out my drivers license, and I see my FL permit is showing. I am of the "say less" mentality and turned my wallet enough so it was not visible. Yes my pistol is legal in SC in the console, but I see no reason to open the door to questions, searches, etc. SC is a "shall notify" state, however I am told by an SC CWP instructor that law is written to apply only to SC permit holders. I just don't see the need to find out if the officer sees it the same way.

 

[arizonajack]

I woud agree that you follow the rules of the state that issued your permit and not get into it if you are in another state.

However, if the other state has a reciprocal agreement with your state then your permit is the equivalent of the other state's permit and the notice requirements probably apply.

 

[Black09JK]

Sorry for the hijack.

amen. I got stopped in SC and was opening up my wallet in view of the officer, going to pull out my drivers license, and I see my FL permit is showing. I am of the "say less" mentality and turned my wallet enough so it was not visible. Yes my pistol is legal in SC in the console, but I see no reason to open the door to questions, searches, etc. SC is a "shall notify" state, however I am told by an SC CWP instructor that law is written to apply only to SC permit holders. I just don't see the need to find out if the officer sees it the same way.

I was under the impression that SC accepted only resident permits. So wouldn't you have been illegally carrying said firearm, provided it was loaded?

SC is shaded in yellow. At the bottom right, yellow indicates you must be resident of issuing state.

bottom of the screen.

I guess if it was unloaded and you were passing through the state it's a nonissue.

 

[Jeff]

Keep in mind that reciprocity agreements change so what is illegal now could have been legal at some point.

 

[RochPersDef]

But in Illinois, no one can carry. Yeesh.

In SC, possession is OK, but carrying concealed on your person without a license may not be, it just depends on the law in SC.

Most LEO's in other states (non NY, NJ, MAss, CA, or MD for example) will not hassle you if you show a permit from ANYWHERE. Even if it's not their own state. As long as you were not being the biggest knucklehead that they have ever seen, you will probably not get any grief.

 

[ChrisWNY]

IL is probably the worst place to be caught with a handgun. If you're visiting IL for whatever reason, leave the handgun far away outside of IL State borders. IL stands alone as one of the only States that do not even offer residents a CCW license. As Dave said, no one can carry there, except Law Enforcement.

 

[merlin82+]

@Black09JK -

In SC, a resident of any state can have a loaded handgun in the console or glove box, or if you're on a motorcycle, it can be transported loaded in a saddlebag... provided you are legally able to own a handgun according to federal law - no permit required. You cannot carry concealed in SC unless you have an SC permit, or from a state that reciprocates with SC. I had a loaded handgun in the console, totally legal in SC, even without the permit.

 

[stryker.82nd]

i never knew that. that is great to know as we travel to SC quite often and i do like to carry when traveling.

 

[Black09JK]

@Black09JK -

In SC, a resident of any state can have a loaded handgun in the console or glove box, or if you're on a motorcycle, it can be transported loaded in a saddlebag... provided you are legally able to own a handgun according to federal law - no permit required. You cannot carry concealed in SC unless you have an SC permit, or from a state that reciprocates with SC. I had a loaded handgun in the console, totally legal in SC, even without the permit.

That is good to know. How does it work when you stop and go in a store or a relatives home? Are you required to leave the firearm in your glovebox, or can you carry it inside with you?

 

[davejensen]

IL is probably the worst place to be caught with a handgun. If you're visiting IL for whatever reason, leave the handgun far away outside of IL State borders. IL stands alone as one of the only States that do not even offer residents a CCW license. As Dave said, no one can carry there, except Law Enforcement.

Actually New Jersey is. The presumptive sentence for a first offense is 7 years. Brian Aitken had two unloaded and cased handguns in his trunk, no priors and guns purchased lawfully -- he got 7 years.

Which is not to say that you will not serve some serious hard time if you CCW in Illinois.

 

[merlin82+]

That is good to know. How does it work when you stop and go in a store or a relatives home? Are you required to leave the firearm in your glovebox, or can you carry it inside with you?

Don't carry it into a store concealed, that's illegal. I do not know about open carry in SC (but those gun law sites will tell you).
About taking it into a relatives home: SC law says you must have permission from the homeowner to do so.
So many states, so many different rules !!!

I only researched SC 'cuz my son lives there. It would be much simpler if he was in PA, WV, VA, NC, GA, or FL... dammit. My FL permit gets me full concealed carry in those states, and about 30 others.

 

[ladder13]

I only researched SC 'cuz my son lives there.

SC allows you to get a concealed carry license if you own property in SC. Jus' sayin'