• Donahue & Walsh, P.C.
    McHenry IL: 815-889-2364
  • FRS Law Group

    (Flinn, Ruble & Salazar)

    Elgin IL: 224-276-6641
  • FRS Law Group

    (Flinn, Ruble & Salazar)

    Sycamore IL: 630-202-1559
  • Granger & Donahue
    Rockford IL: 779-203-9049
  • Cohen & Donahue
    Palatine IL: 847-452-5124
Donahue & Walsh, P.C.

A Proven Leader In Illinois Criminal Defense And Real Estate Law

Do you have to tell the police if you have a firearm in the car?

You have a concealed carry license. Your criminal record is largely clean, you legally purchased your carry gun and you follow all of the related laws. You've been doing this for the last 10 years.

One day, on the way home from work, an officer pulls you over. He suspects that you may have been drinking or texting because you swerved over the center line. When he walks up to the window, do you have to tell him that you're carrying a gun?

State laws differ on this. In some, you have to tell the police at all times; in others, you have no duty to tell them at all. In most states, though, you simply have to tell the officer if he or she asks you if you have a gun. If not, you don't have to stay anything.

Illinois falls into this last category. If the officer just comes up to the window, chats about your driving mistakes and decides to let you go when he sees that you're not intoxicated, that could be the end of it. You don't have to say anything.

However, if the officer asks you if you're carrying a gun or if you have one in your vehicle, then you're obligated to inform him that you do. Illinois law specifically states that you have to:

  • Disclose that you're in possession of a firearm.
  • Show the officer your concealed carry license when asked.
  • Show the officer evidence that you're legally qualified to carry if you're not a resident and don't have an Illinois license.
  • Tell the officer exactly where the gun is located, whether you're carrying it or just have it somewhere in the car.

Another important thing to note is that anyone in the car has to follow these laws. Maybe you carpool to and from work. You have a passenger sitting next to you and two more in the back. If the officer asks, any of those passengers who are carrying firearms must also acknowledge it, show their paperwork and tell the officer the location of the gun.

It doesn't matter that you were driving, so you're technically the one who got pulled over. Even though they did not break the law or get stopped, passengers are still bound by these restrictions. Failing to follow them can result in a breach of this law and could warrant an arrest if it's discovered.

Illinois is certainly not alone. Only 14 states mandate that you reveal that you have a gun, even if you're not asked. Just two say you have no duty to inform officers. California, New York and Hawaii have special concealed carry laws. All the rest follow laws similar to those in Illinois, and it's crucial to know the obligations these laws create and what legal options you have if arrested.

No Comments

Leave a comment
Comment Information

Contact An Experienced Attorney

Se Habla Espanol

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Donahue &
Walsh, P.C.

FRS Law
Group

(FLINN, RUBLE & SALAZAR)

FRS Law
Group

(FLINN, RUBLE & SALAZAR)

Granger &
Donahue

Cohen &
Donahue

Palatine Office
800 E Northwest Highway
Suite 602
Palatine, IL 60074

Phone: 815-889-2364
Phone: 847-452-5124
Fax: 847-930-1135
Palatine Law Office Map

Elgin Office
2400 Big Timber Road
Suite 108
Elgin, IL 60123

Phone: 815-889-2364
Phone: 224-276-6641
Fax: 847-930-1135
Elgin Law Office Map

McHenry Office
4310 Crystal Lake Road
Suite C-D
McHenry, IL 60050

Phone: 815-322-9678
Phone: 815-889-2364
Fax: 815-344-8922
Map & Directions

Sycamore Office
158 W State Street
Sycamore, IL 60178

Phone: 815-322-9678
Phone: 630-202-1559
Fax: 847-930-1135
Sycamore Law Office Map

Rockford Office
One Court Place
Suite 100
Rockford, IL 61101

Phone: 815-322-9678
Phone: 779-203-9049
Fax: 815-329-6768
Rockford Law Office Map