Captain Ahab said:
In Illinois it is illegal to "Carries or possesses in any vehicle" any sort of weapon (and a flare gun is a weapon) unless it is:
(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
From Chapter 38 §24-1 of the Illinois Crime Code
I interprete this to include a flare gun if it is loaded and not stored in an enclosed container (and should be outside the immediate control of the occupants of the vehicle. (ie - having in a shoe box on teh seat next to you is a no no)
Keep the flare gun in the trunk - and unloaded. Why would you ever want a loaded flare gun in your car anyway??????
See:
https://lawboat.blogspot.com/2006/04/is-flare-gun-weapon_17.html
Captain Ahab has provided qoutes from Illinois statutes regarding carrying firearms in a vehicle. The "aggravating" factors mentioned will come into play if the offender meets certain other criteria - is a gang member, previously convicted of certain offenses, etc. (comes under Illinois Safe Community Act).
The question of whether a flaregun is a firearm is more difficult. A flaregun is NOT a firearm, par se, but certainly could be used as one. Simialrly, a baseball bat is not a weapon/bludgeon, par se, but could be used as one. I would believe that a magistrate would be far more inclined to render an opinion on the flare gun being a firearm than he would a ball bat being a club. However, all of this is going to be decided on the merits of the circumstances. e.g., going to a ballgame, in uniform with a glove and bat would not raise to any unlawful act imaginable. The same ball bat, wrapped in tape or cut off shorter and hidden under the seat would certainly meet the criteria of a bludgeon (weapon). Also, a hunting knife is not a weapon, par se, but could be considered a dangerous weapon and charges could be brought depending on proving the intent of the person carrying it was to commit a crime or other unlawful act. There are many weapons in Illinois which are deemed unlawful simply by their makeup - e.g., a switchblade knife is illegal, whether used unlawfully or not; a blackjack and brass knuckles are also illegal to own, possess or carry.
Clear as mud, right? Anything (even the sharpened pencil) can be considered a dangerous weapon if used in a unlawful manner or if intent to use it unlawfully can be proven.
The case of the flare gun is no different - it is not a firearm, par se, but could easily fall into the dangerous weapon (or firearm) cartegory if used unlawfully. If simply being carried in a car, and an officer decided to arrest because it was loaded, the case would have to be proven by determining that the flare gun was, in fact, a firearm - or - by the intent or unlawful use of the flare gun. It is a very good question because of the nature of the flare gun - it operates like a firearm but it's inherent design is such, that it is NOT a firearm, it is an emergency warning device.
Well, you asked!!!!! This discussion could go on with many issues on both sides, but I just wanted to clarify Illinois laws regarding Capt Ahabs insertion and offer my opinion on the topic.
As an aside, I have been a police officer for over 30 years and the past 24 years a commander in charge of patrol and investigative divisions. I submitted my retirement papers on Wednesday - going to do more fishing and golfing in the very near future. So, does that mean that I (like Capt. Ahab) can consult and charge for these opinions??? :lol: