IDNR Police still going to ticket hunters for uncased weapons.

The question I asked the IDNR:

"To: DNR, Lawreception
Subject: IL vs Diggins clarification.


With the recent IL Supreme Court decision in Diggins, in wich the Court's opinion declared the center console of a vehicle a case, is the Illinois Wildlife code 520 ILCS 5/2.33(n) affected by this ruling?"

The response from IDNR:

"David,


The Diggins case only affects the Unlawful Use of Weapon section in the criminal code. It does not affect the wildlife code. The definition of a case is well defined in the wildlife code, so hunters must still abide by the firearm/bow casing law under the wildlife code. The definition of a case under the wildlife code can be seen on page 6 of the following link; http://dnr.state.il.us/admin/pdf/season_dates.pdf The case law under the wildlife code can be read on page 9 & 41 of the same link.


Let me know if you have any more questions.




Officer Roy Maul
IDNR Law Enforcement
Springfield, Illinois"

Now the question is, when does a person go from a hunter to a non-hunter?

If I choose to keep a pistol in the console when I drive to and from the area I hunt, will I be charged under Wildlife code?

What now?

With the Illinois Supreme Court ruling that the center console of a car is a legal enclosure to transport a firearm, how long will it take the Illinois General Assembly to pass legislation to tighten what is defined as a case. The Illinois Wildlife code already specifically defines what a case is. Will the General Assembly adopt this definition or will they drop the definition altogether?

If I know anything about Illinois politicians, they will prefer to make a more restrictive definition.

Is a vehicle console a case?

The IL Supreme Court says yes!

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
MICHAEL DIGGINS, Appellee.
Opinion filed October 8, 2009.

This opinion is based on criminal law, Aggravated unlawful use of a weapon.-720 ILCS 5/24‑1.6(c)(iii) of the Criminal Code of 1961.

The section states,"(c) This Section does not apply to or affect the transportation or possession of weapons that:
(i) are broken down in a non‑functioning state;
or
(ii) are not immediately accessible; or
(iii) are 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

The wildlife code has this:
"520 ILCS 5/2.33(n)It is unlawful for any person, except persons who possess a permit to hunt from a vehicle as provided in this Section and persons otherwise permitted by law, to have or carry any gun in or on any vehicle, conveyance or aircraft, unless such gun is unloaded and enclosed in a case, except that at field trials authorized by Section 2.34 of this Act, unloaded guns or guns loaded with blank cartridges only, may be carried on horseback while not contained in a case, or to have or carry any bow or arrow device in or on any vehicle unless such bow or arrow device is unstrung or enclosed in a case, or otherwise made inoperable. "-520 ILCS 5/2.33

The wildlife code defines case this way,"(520 ILCS 5/1.2b‑1) (from Ch. 61, par. 1.2b‑1)Sec. 1.2b‑1. Case. Case means a container specifically designed for the purpose of housing a gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped, snapped, buckled, tied or otherwise fastened with no portion of the gun or bow and arrow device exposed.
(Source: P.A. 84‑150.)"-520 ILCS 5

So can we transport a revolver in the console when going handgun hunting?

I wouldn't try it. It seems lawful to transport a firearm in the console, as long as it is not for hunting purposes. Just another example of the law contradicting itself.