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Home > You are here: Legal Gun Case

Legal Gun Case
The DU-HA acts as a Legal Gun Case in 48 states.
All but four states do not have gun case laws, making the DU-HA a legal gun case for long barrel firearms in almost every state. The 4 states that have gun case laws are Minnesota, Wisconsin, Iowa & Illinois.

In order to qualify as a legal gun case in most states, underseat DU-HA's need to have the back seat bottoms all the way down and latched. Behind-the-seat models need to have the backs of the back seat all the way up and latched. Regular cab DU-HA's do not qualify as a legal gun case in states with gun case laws, unless guns are first placed in gun sleeves before being placed in the DU-HA. When in doubt, check with your local law enforcement or DNR.

The DU-HA is a legal gun case in Minnesota. The states of Iowa and Illinois are pending approval.

The following are the gun case laws for the 4 states that have them...

Minnesota
(Approved as a Legal Gun Case)

Natural Resources/Enforcement

This is the wording of the law on the transportation of a firearm in a motor vehicle in Minnesota.

The storage box that you have designed, as it is now, meets these requirements:

It is expressly made to hold firearms. It is fully enclosed and latched by the rear seat. No portion of the firearm is exposed. It is fastened by the seat latch and can only be opened after pulling on the seat release cord.

97B.045 Transportation of firearms.

Subdivision 1. Restrictions. A person may not transport a firearm in a motor vehicle unless the firearm is: (1) unloaded and in a gun case expressly made to contain a firearm and the case fully encloses the firearm by being zipped, snapped, buckled, tied or otherwise fastened, and without any portion of the firearm exposed; (2)unloaded and in the closed trunk of the motor vehicle; or (3) a handgun carried in compliance with sections 624.714 and 624.715.

Acting Captain Steve Jacobson
Regional Enforcement Manager
Division of Enforcement

Click here for official Minnesota letter


Visit the following links for more information on Transportation of Firearms in Minnesota:

2009 Minnesota Statutes - 97B.045 Transportation of Firearms:
https://www.revisor.mn.gov/statutes/?id=97B.045

Firearms Transportation in Motor Vehicles:
http://www.house.leg.state.mn.us/hrd/pubs/ss/ssfiretrns.htm



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Wisconsin
New legislation went into effect November 2011 which basically states it is now legal to carry a long gun, uncased and unloaded, in a motor vehicle in Wisconsin at any time
, unless otherwise prohibited.

Visit the following links for more information:

2011 Wisconsin ACT 51 - Firearms, Bows & Crossbows in Vehicles:
http://dnr.wi.gov/news/DNRNews_article_Lookup.asp?id=1965

2011 Wisconsin ACT 51:
https://docs.legis.wisconsin.gov/2011/related/acts/51

2011 Wisconsin ACT 51 - FAQ:
http://dnr.wi.gov/org/es/enforcement/act51_faq.htm


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Iowa

(Pending Approval)

Iowa Code

483A.36 Manner of conveyance.

Gun Case Law

No person, except as permitted by law, shall have or carry a gun in or on a vehicle on a public highway, unless the gun is taken down or completely contained in a securely fastened case, and its barrels and magazines are unloaded.

A gun may be transported in an automobile without a permit if it is carried:
(1) In a closed and fastened container;
(2) In a securely wrapped package too large to be concealed on a person; or
(3) In a luggage or cargo compartment that is not easily accessible to any occupants of the automobile.
[Warning: some county attorneys will apply the "easily accessible prohibition to all three forms of transportation even though it is statutorily applicable only to the third]

Transporting Weapons in Iowa

There is no provision in Iowa law that provides for honoring permits to carry issued in other states; and there is no reciprocity provision.

You may still bear arms in Iowa without a permit under existing Iowa and federal law.

Under Iowa law, you can either carry or transport an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or you can transport an unloaded pistol or revolver inside a cargo or luggage compartment where it will not be readily accessible to any person riding in the vehicle. Notice that in the second option, there is no requirement for the closed and fastened container or securely wrapped package to be too large to be concealed on the person. In other words, if you have a cargo or luggage compartment which is not accessible by anyone in the vehicle, the unloaded and encased handgun does not need to be so big that it cannot be concealed on the person. The requirement for the closed and fastened container is also addressed in a separate section, 483A.36 (see below).

The applicable federal law, which appears below as 18 USC § 926A., requires the firearm to be unloaded, and neither the firearm nor any ammunition being transported can be readily accessible or directly accessible from the passenger compartment of such transporting vehicle, or in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. This applies to all types of firearms and ammunition. So, to comply with this section of federal law while transporting a firearm in a van or SUV, you would need the firearm and/or ammunition to be in a locked container apart from the glove compartment or console. This requirement must be met for all states between your home state and your state of destination.

Iowa Code

724.4 Carrying weapons.
f. A person who for any lawful purpose carries or transports an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding in the vehicle or common carrier. Iowa Code

483A.36 Manner of conveyance. No person, except as permitted by law, shall have or carry a gun in or on a vehicle on a public highway, unless the gun is taken down or totally contained in a securely fastened case, and its barrels and magazines are unloaded.

United States Code

18 USC § 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
(Added Pub.L. 99-360, § 1(a), July 8, 1986, 100 Stat. 766.

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Illinois

(Pending Approval)

What constitutes a legal gun "case"?

The Criminal Code refers to "a case, firearm carrying box, shipping box, or other container." However, the Wildlife Code is more specific, defining case as "a container specifically designed for the purpose of housing a gun or bow and arrow device by being zipped, snapped, buckled, tied, or otherwise fastened with no potion of the gun or bow and arrow device exposed."

Transporting Your Gun Legally

Here are the answers to some commonly asked questions on transporting firearms in Illinois.

Unless specifically exempted by statute, Illinois residents who acquires or possesses firearms or firearm ammunition within the state must have in their possession a currently valid Firearm Owner's Identification (FOID) card issued in their name.

Following are some of the more common questions and the answers, as provided by the Illinois State Police and DNR Conservation Police. Answers are meant only to give general guidance regarding transporting firearms and ammunition. The answers do not and are not meant to replace statutory language.

Question: How can I legally transport a firearm on my person or in my vehicle?

Answer: Three statutory codes regulate the possession, transfer, and transportation of firearms—the Criminal Code, the Wildlife Code, and the Firearm Owner's Identification Act. Under Unlawful Use of Weapons (UUW) in the Criminal Code, persons who have been issued a valid FOID card may transport a firearm anywhere in their vehicle or on their person as long as the firearm is unloaded and enclosed in a case, firearm carrying box, shipping box or other container. Firearms that are not immediately accessible or are broken down in a non-functioning state may also be carried or transported under the Criminal Code. The Wildlife Code, however, is more restrictive. It requires that all firearms transported in or on any vehicle be unloaded and in a case.

Because of this, it is recommended that, in order to be in compliance with all statutes, all firearms be transported unloaded and enclosed in a case and by persons who have a valid FOID card.

Unless specifically exempted from UUW, a person commits a Class 4 Felony if he or she carries or possesses a firearm contrary to the aggravated UUW law of the Criminal Code (i.e., unlawfully carries on their person or illegally transports a firearm in a vehicle) and one or more of the following aggravating factors apply:

(1) The firearm possessed was uncased, loaded and immediately accessible at the time of the offense;

(2) The firearm possessed was uncased, unloaded and the ammunition for the weapon was immediately accessible at the time of the offense;

(3) Does not have a valid FOID card;

(4) Was previously adjudicated of a Felony as a juvenile;

(5) Was engaged in a Misdemeanor violation of the Cannabis Control Act or the Controlled Substances Act;

(6) Is a member of a street gang;

(7) Has had an order of protection against them in the last two years;

(8) Was engaged in the commission or attempted commission of a Misdemeanor involving the use of violence against another person or the property of another; or

(9) Is under 21 years of age and in possession of a handgun, unless the person is engaged in hunting activities under the Wildlife Code.

Question: What constitutes a legal "case?"

Answer: The Criminal Code refers to "a case, firearm carrying box, shipping box or other container." However, the Wildlife Code is more specific, defining case as "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."

Question: How do the differences in these two laws affect me for the purposes of the Unlawful Use of Weapons law?

Answer: It is recommended that persons transport their firearms only unloaded and in a case in order to be fully compliant with all statutes. A firearm transported in a container other than a case while engaged in activities covered by the Wildlife Code could subject an individual to a charge of Class B Misdemeanor under the Wildlife Code, but would not be considered Unlawful Use of Weapons if the container were a "firearm carrying box, shipping box or other container" as provided in the Criminal Code.

Question: If I fail to zip up the case entirely, will I be guilty of a felony?

Answer: No, as long as the firearm is unloaded and none of the aggravating factors of the Unlawful Use of Weapons law is present. The way to avoid this situation is to make sure firearm cases are completely zipped or otherwise completely fastened shut.

Question: What is "immediately accessible?"

Answer: The test is if a reasonable person would conclude that the firearm is located within a relatively quick reach. It is a Class 4 Felony to have an uncased, loaded firearm immediately accessible. It is recommended that firearms be unloaded and enclosed in a case, and possessed by an individual with a valid FOID card when being transported.

Question: Does a firearm have to be broken down to be legal?

Answer: No. However, it is recommended that to transport a firearm it be unloaded and encased, and possessed by the holder of a valid FOID card.

Question: How can I legally transport my firearm in my Sports Utility Vehicle (SUV), pickup truck, van, station wagon or even a motorcycle?

Answer: The surest way is to have the firearm unloaded and enclosed in a case, and to make sure your FOID card is valid.

Question: How do I transport a firearm through an Illinois community with an ordinance that prohibits firearms or handguns?

Answer: Illinois' Unlawful Use of Weapons law does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through such communities could be subject to local firearm ordinances. Federal law does attempt to provide limited protection in these circumstances, but when transporting firearms in unfamiliar communities, it is a good idea to check with authorities on local law.

Question: If a nonresident is coming to Illinois to hunt and would like to bring their firearm, how do they legally transport it?

Answer: Nonresidents must comply with the gun case law as described above. Additionally, the firearm must not be immediately accessible or must be broken down in a non-functioning state.

Question: What if I leave a firearm in my vehicle (regardless of location) and a family member, without a valid FOID card, is driving the vehicle without me and is stopped by police and the firearm is found?

Answer: The law states a person must "knowingly" violate the law. The assumption in the question is that the family member was unaware of a firearm's presence. However, at a traffic stop, you should expect the officer to handle the situation at face value, take enforcement action accordingly and let the court settle the matter. Depending on the situation, the charge could be a Class 4 Felony. Don't put a family member in that position.

Question: How can I legally transport ammunition?

Answer: Illinois law requires that residents possessing ammunition must have a valid FOID card. Transporting an unloaded, uncased firearm with ammunition immediately accessible is a Class 4 Felony, unless the firearm is not immediately accessible or is broken down in a non-functioning state.

The location of ammunition being transported, including ammunition being transported in loaded magazines, is not regulated if the firearm is possessed or transported lawfully.

Question: Is it illegal to have ammunition in the case with the firearm?

Answer: No, if the firearm is unloaded and is properly enclosed in a case and the individual possessing the firearm and ammunition is in possession of a valid FOID card.

Question: Can I transport a firearm in a gun rack in the back window of my truck?

Answer: Yes, if the firearm is unloaded and encased, and you are a resident with a valid FOID card. One thing to consider-a gun displayed in a window could invite theft.

Question: I have a friend/relative who has a "conceal and carry" permit issued in the state in which they reside. Is the permit recognized in Illinois?

Answer: No. Nonresidents are subject to Illinois law, restrictions and penalties, and should be familiar with them if the nonresident plans to bring a firearm into the state.

Question: What constitutes "unloaded" for a muzzle loading firearm?

Answer: (17 Ill. Admin. Code, Ch, I, Sec 660.30 - 5) provides a definition for an unloaded muzzleloading firearm as follows:

"Removal of percussion cap or removal of prime powder from frizzen pan with frizzen pan open and hammer all the way down or removal of prime powder from flashpan and wheel unwound or removal of prime powder and match with match not lit shall constitute an unloaded muzzleloading firearm."

For more information on transporting a firearm, contact one of the following agencies: Illinois State Police: (217) 524-2525, FOID office: (217) 782-7980 or go to their homepage: http://www.state.il.us/isp or Department of Natural Resources Office of Law Enforcement: (217) 782-6431, or go to: http://dnr.state.il.us. DNR's TTY number is (217) 782-9175.

Visit the following links for more information on Transportation of Firearms in Illinois:

http://www.isp.state.il.us/foid/firearmsfaq.cfm

http://www.isp.state.il.us/docs/transgun0-000.pdf


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