Opinion
Court ruling huge for Illinois gun owners
By VALINDA ROWE
IllinoisCarry.com
The Illinois Supreme Court, in a unanimous judgment, announced last week that an enclosed center console of a vehicle is indeed considered a legitimate case for transporting a firearm within the meaning of the Illinois Criminal Code.
The code — 720 ILCS 5/ sec. 24-1.4(c)iii — allows the transportation of firearms which “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 ...”
The case in question, People vs. Diggins (http://www.state.il.us/court/Opinions/SupremeCourt/2009/October/106367.pdf), involved the transportation of two unloaded firearms and two loaded magazines in the console of a vehicle driven by an individual in possession of a valid FOID card.
In unanimous agreement, the justices ruled the trial judge erred in denying defense the right to argue that a console is considered a “case” or “other container” under sec. 24-1.4(c)iii of the Illinois Criminal Code and for instructing the jury that the console is not considered a “case.”
This ruling would also seem to resolve the question as to the legality of transporting unloaded hanguns in the glove box of a vehicle by Illinois citizens in possession of a valid FOID card.
This is a surprising but welcome ruling coming from a Supreme Court in a state like Illinois that still does not recognize the right to keep and bear arms. The very thought that a law-abiding citizen would be subjected to a felony offense for transporting an unloaded gun anywhere in their vehicle is ridiculous in light of the fact that 48 states have some sort of provision for the right to carry a LOADED handgun on one’s person!
This is a huge win for Illinois gun owners, and although Illinois is still light years away from recognizing the right to keep and bear arms for personal protection, this takes a step closer to law-abiding citizens having a firearm accessible for self-protection and protection of their families.
This ruling does not open the door for criminals to transport firearms because they are already prohibited from possessing a firearm.
In light of this ruling, responsible gun owners must remember to keep firearms secured in such a way as to prohibit access to young children and unauthorized persons.
• Valinda Rowe, an Enfield resident, is the spokesman for IllinoisCarry.com.
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