Do You Have To Tell The Police If You Have A Gun In The Car?
Many firearm owners in Illinois who have tried to do everything by the books when purchasing and possessing the gun are shocked when they end up in trouble with the law. Gun crime laws can be complicated, and law enforcement will charge you with a crime if they feel you are breaking the law, even if you were trying to do the right thing.
Failing to notify police about a firearm in your vehicle or transporting it improperly may lead to a criminal charge. Whether or not you’re required to notify law enforcement about having a gun in your car depends on several factors. Let’s take a look at these factors and how they can change based on your circumstances.
A Concealed Carry License Holder’s Responsibilities
In Illinois, a concealed carry license holder must disclose that there is a firearm in the vehicle if that information is requested by the officer. Additionally, the CCL holder must disclose where the weapon is located IF requested by the officer. There is nothing in the Firearm Concealed Carry Act that requires a person to voluntarily advise an officer that a weapon is in the vehicle. The key language in the Act is “if requested.” The law also permits the officer to secure the firearm while the officer is conducting a traffic stop, investigation, etc. The CCL holder must allow the officer to secure the weapon.
Transporting A Gun Safely and Legally
If you are pulled over by law enforcement while in possession of a gun and do not have a CCL, you’re still not required to volunteer any information about the weapon. There are stricter laws about how someone must transport a weapon in their vehicle if they do not have a CCL, but that doesn’t mean you can never have a gun in your vehicle.
According to the State of Illinois, firearms that are being transported in a vehicle must be:
● Broken down in a non-functioning state; or
● Not immediately accessible; or
● Unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has a valid FOID card; or
● Carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has a valid Illinois Concealed Carry License.
If you do not have a concealed carry license, the best place to put a firearm in most vehicles is in the trunk. It’s generally a good idea to keep the gun unloaded, but it is not a requirement as long as the weapon is inaccessible.
Overcoming A Gun Charge for Transporting A Gun Illegally
The best way to beat a gun offense where a weapon was found in a vehicle is to challenge the officer’s stop of the vehicle. If it is determined that the officer did not have probable cause to stop the vehicle in the first place, the case would likely be thrown out. However, if the stop was legitimate, the next step would be for your criminal defense attorney to determine whether you actually violated the state’s guidelines. Additionally, the subsequence search of your vehicle must be within the purview of the Fourth Amendment. There often times that the police illegally search a vehicle without probable cause for the search. In these circumstances, a case could be thrown out of the search itself for the firearm was illegal even if there was probable cause for the stop.
Case law guides judges in determining whether or not a firearm is immediately accessible. However, if there are multiple people in a vehicle and a weapon is recovered, sometimes it is difficult to prove who had possession of the firearm. “Constructive possession” may be shown where the person has knowledge of the presence of the firearm and exercises immediate and exclusive control over the area where the firearm is found. This means that in a vehicle with multiple passengers, the wrong passenger (or the driver) could be charged with a gun crime for having a weapon within reach.
Regardless of the circumstances, if you’ve been charged with a crime for allegedly transporting a gun illegally, Bernard Law can help you protect your rights and build the best defense. Contact us to schedule a consultation.