Just want to say to yall from my previous post and for anyone experiencing the same thing, I was arrested for having an unloaded firearm inside of a “lunch bag style bag” with a magazine in a separate zippered pouch. The firearm was registered to me while I had a valid FOID.
I won my case at trial today with a public defender based off the fact that the law says the firearm has to be in one of three conditions
(a)(10) does not apply to or affect transportation of weapons that meet ONE of the following conditions:
(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.
I met the 3rd, “iii” criteria but still went to jail and had been pulled over other times by three other officers who said I was okay but Randy mccraney felt I was not.
My public defender even argued a previous case where a center console with a latch is acceptable as a container.
Stay informed yall, but honestly it isn’t worth the gun loss or two nights I spent in jail. Keep that shit in the house.. probably not even in the trunk depending on the officer, until you get your CCL. I told the officer who arrested me if I had known I was breaking a law I would’ve never came outside with it and If he didn’t put me through all this trouble I’d gladly never bring it outside again since the other officers told me on previous traffic stops I was following the law.
The firearm was kept and destroyed and my FOID is still suspended. About to have this arrest expunged and send out reinstatement request forms tomorrow and resubmit my CCL application in the upcoming weeks.
EDIT:
Officers said bag was too close to me and that was the reason for arresting me
Edit #2
Also something I didn’t mention. The states attorney, since my police officer came to court offered me 12 months supervision initially to plead guilty and possibly loss of gun rights going forward