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Traveling to Michigan, layover in Chicago
Posted: Sat May 31, 2014 9:48 am
by Sparky3131
Tomorrow I am traveling to Midland, MI for business. I planned on taking my pistol with me but since I'm laying over in Chicago, I'm worried about the legal ramifications of having my pistol checked in my luggage. My father says there's a law preventing me getting in trouble for passing through but I couldn't find much on it. I'd hate to be unarmed in screwed-up Michigan. Any one know of the name of the legislation so I can read up on it before I decide to change my flight around?
Any and all help is very much appreciated!
Re: Traveling to Michigan, layover in Chicago
Posted: Sat May 31, 2014 10:21 am
by Abraham
This is just my opinion: Safely store you gun at home and risk not having it.
Chicago is insanely anti-gun.
You don't want to end up in aChicago jail/prison.
Re: Traveling to Michigan, layover in Chicago
Posted: Sat May 31, 2014 11:05 am
by Sparky3131
Abraham wrote:This is just my opinion: Safely store you gun at home and risk not having it.
Chicago is insanely anti-gun.
You don't want to end up in aChicago jail/prison.
I agree, I changed my flight. Going without my firearm isn't an option. I have business in Saginaw, the 3rd most violent city in the US behind Camden, NJ and Flint, MI. I'd much rather a longer flight/layover than go without.
Re: Traveling to Michigan, layover in Chicago
Posted: Sat May 31, 2014 11:06 am
by Pawpaw
Can you check your bag straight through and pack a change of clothes, toothbrush, etc. in your carry-on?
Re: Traveling to Michigan, layover in Chicago
Posted: Sat May 31, 2014 11:10 am
by Sparky3131
TxLobo wrote:Sparky3131 wrote:Tomorrow I am traveling to Midland, MI for business. I planned on taking my pistol with me but since I'm laying over in Chicago, I'm worried about the legal ramifications of having my pistol checked in my luggage. My father says there's a law preventing me getting in trouble for passing through but I couldn't find much on it. I'd hate to be unarmed in screwed-up Michigan. Any one know of the name of the legislation so I can read up on it before I decide to change my flight around?
Any and all help is very much appreciated!
Having only driven through the gun friendly southern portion of Illinois, I can't fully answer your question. Since you are "laying over" I don't know if you would be exempt under the "traveler" or not, however, Illinois expressly prohibits possession of a firearm in an airport.. and not just the secure areas like Texas and Georgia...
http://www.handgunlaw.us/states/illinois.pdf" onclick="window.open(this.href);return false;
Thanks for the reply, I found a few tidbits that said I would be okay, but I wasn't going to chance it. Im Flying into Detroit and driving to Midland.
Re: Traveling to Michigan, layover in Chicago
Posted: Sat May 31, 2014 11:16 am
by slr001
If it is in your checked bags, as it should be. You will not have possession of it at the airport in Chicago.
It will get transferred by airport personnel from the first flight to the second flight. What law would you be breaking?
Re: Traveling to Michigan, layover in Chicago
Posted: Sat May 31, 2014 11:45 am
by 2farnorth
slr001 wrote:If it is in your checked bags, as it should be. You will not have possession of it at the airport in Chicago.
It will get transferred by airport personnel from the first flight to the second flight. What law would you be breaking?
,
layover in Chicago. Don't you have to take possession and recheck your bags on layovers?
Re: Traveling to Michigan, layover in Chicago
Posted: Sat May 31, 2014 11:59 am
by Sparky3131
It would have been transferred by airport personnel but, I'm not taking any chances after reading what happened in New York
Re: Traveling to Michigan, layover in Chicago
Posted: Sat May 31, 2014 2:06 pm
by slr001
2farnorth wrote:slr001 wrote:If it is in your checked bags, as it should be. You will not have possession of it at the airport in Chicago.
It will get transferred by airport personnel from the first flight to the second flight. What law would you be breaking?
,
layover in Chicago. Don't you have to take possession and recheck your bags on layovers?
No, Your bags are checked to final destination.
If you are on an extended layover I think you can request bags to be checked only to layover destination. But by default they are checked through.
Re: Traveling to Michigan, layover in Chicago
Posted: Sat May 31, 2014 2:08 pm
by slr001
Sparky3131 wrote:It would have been transferred by airport personnel but, I'm not taking any chances after reading what happened in New York
There are certainly corner cases... A flight cancellation that requires you to spend the night. They might pull bags, then you are stuck there with your checked bags. But I am guessing that the odds of a problem occuring are small.
Re: Traveling to Michigan, layover in Chicago
Posted: Sun Jun 01, 2014 9:36 am
by kg5ie
Firearm Owners Protection Act, U.S. Code 926a allows you to travel to your "final destination" protected. The conditions are that you must start and end in states where the traveler's possession of the firearm is legal. As stated earlier, their could be an issue if you are forced to overnight in a state where you are not legal. The issue is there is no definition of "traveling" in the statute therefore it becomes murky.
IANAL but good call on changing your flight.
Re: Traveling to Michigan, layover in Chicago
Posted: Sun Jun 01, 2014 8:38 pm
by srothstein
There is a least a district court precedent (and I think the Appeals Court supported it but I do not recall) that said the overnight stop in a city when the plane connection was missed invalidated the FOPA protection. That court, on a case out of La Guardia IIRC, said that each day was a new trip in a case like that.
Be very careful about relying on the FOPA in the New York/New Jersey area.
Re: Traveling to Michigan, layover in Chicago
Posted: Mon Jun 02, 2014 10:11 am
by ralewis
I had a similar question when traveling to PA a few months ago. I'm attaching the letter from NJ State Police (I realize this post is about IL). Seems to me it's theoretically not a problem as long as while you are on you way to your final destination it's locked and not accessible.
Totally understand the sentiment about travel to IL, NY, NJ…. And I ended up not bringing a firearm because I just didn't want any potential hassle traveling with my family. But I do believe its completely legal so long as your origination and destination locations are free of prohibitions of firearm possession.
Re: Traveling to Michigan, layover in Chicago
Posted: Mon Jun 02, 2014 2:23 pm
by RoyGBiv
My only worry about flying through Chicago with a bag checked onward to Michigan would be an unexpected trip interruption. In that case, I think I would have 2 choices.... 1. Pick up my bag, rent a car, drive to my final destination or 2. Talk to airport LE and explain the situation, NOT claim my bag.
I don't think checking a gun at O'Hare is anywhere near as life-altering as trying to do so in NYC or NJ.
I have no first hand knowledge, however...
Better to avoid Chicago if possible, but, i would not worry about it if it was unavoidable.
Just my opinion. YMMV.
Car carry (unloaded, locked) appears ok..
http://handgunlaw.us/states/illinois.pdf" onclick="window.open(this.href);return false;
Section 40
(e)Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in
Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
(1)is not prohibited from owning or possessing a firearm under federal law;
(2)is eligible to carry a firearm in public under the laws of his or her state or territory of residence; and
(3)is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle Unattended, he or she shall store the firearm within a locked vehicle or
locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act