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To: Springfield Reformer
negate the recent case law that allowed glove compartment storage

I strongly recommend that Illinois FReepers consult with a lawyer before placing their handgun in a glove compartment, thinking that "recent case law" favors it.

10 posted on 01/19/2013 9:06:53 AM PST by 1rudeboy
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To: 1rudeboy

Point well taken. Illinois v Diggins turned on the definition of “case,” whether it had to be portable or specifically a firearm case to qualify. The court decided negatively on both points, i.e., the case could be fixed or portable and did not have to be specifically made for firearms. The court deprecates an earlier appellate decision (Cameron336 Ill. App. 3d 548 (2003)) as flawed for concluding a glove compartment did not qualify as a “case.” However, the holding in the Diggins case was that a center console could qualify. At this point in time there is no specific ruling on glove compartments per se, though I’m not sure how prosecution could demonstrate a rational difference between the two.

http://www.state.il.us/court/OPINIONS/SupremeCourt/2009/October/106367.pdf

I also understand that 520 ILCS 5/2.33 (wildlife code) requires the case to be specifically a gun case. The violation is not criminal, but you can lose possession of the weapon until the authorities return it to you. See here for a useful summary of current Illinois gun law:

http://www.handgunlaw.us/states/illinois.pdf

Disclaimer: This discussion is to provide general information only and does not constitute legal advice. In other words, if you do anything based on this information, and you get in trouble with the law over it, you’re on your own. Well, you and the lawyer you hire.


14 posted on 01/19/2013 11:11:10 AM PST by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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