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What are your legal options when your foid card is revoked?


CHICAGO HANDGUN OWNER

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Not sure what the legal options are, but it seems safe to count on the ineptness of the ISP. I know of a man that pleaded guilty to two felonies so as to avoid jail time. His lawyer told him that he would shortly receive notice from the ISP that his FOID was revoked, and that he should expect to be required to turn in his firearms. His plan was to sell them to me upon the revocation of the FOID. Not only did he never get notified of a FOID revocation, he never was asked to turn in his guns. About two years later he was able to get both felonies reversed on appeal, leaving him with a clean criminal record. At no time was he without his FOID, or his guns.

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What are your legal options as far as giving up possession of your guns when your foid card is revoked? Do you have to surrender your guns to the police which is really a theft of your assets or can can give your gun collection to a gun dealer to be sold on consignment?

If you are revoked,the ISP sends out a revocation letter requiring you to turn in your FOID card to local law enforcement. Along with that revocation letter is a firearms disposition form.

 

You are required to list on this form all of your firearms. Make, model, serial number, caliber etc. You also list on this form who has legally taken possession of your firearms.

 

You do not have to turn them in to the police department.

 

The reason I know this is I had to help someone fill out their paperwork for a FOID revocation.

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If you are revoked,the ISP sends out a revocation letter requiring you to turn in your FOID card to local law enforcement. Along with that revocation letter is a firearms disposition form.

 

You are required to list on this form all of your firearms. Make, model, serial number, caliber etc. You also list on this form who has legally taken possession of your firearms.

 

You do not have to turn them in to the police department.

 

The reason I know this is I had to help someone fill out their paperwork for a FOID revocation.

 

 

This is good info. I've always wondered this, but never asked because I don't plan to have my FOID revoked.

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What are your legal options as far as giving up possession of your guns when your foid card is revoked? Do you have to surrender your guns to the police which is really a theft of your assets or can can give your gun collection to a gun dealer to be sold on consignment?

If you are revoked,the ISP sends out a revocation letter requiring you to turn in your FOID card to local law enforcement. Along with that revocation letter is a firearms disposition form.

 

You are required to list on this form all of your firearms. Make, model, serial number, caliber etc. You also list on this form who has legally taken possession of your firearms.

 

You do not have to turn them in to the police department.

 

The reason I know this is I had to help someone fill out their paperwork for a FOID revocation.

 

This is why it's good for your family members to have FOID cards. All you need do is change the combination on your gun safe or surrender your key to your spouse so you can't gain access to your guns and you're good to go. Now if your wife left the key / combination to the gun safe in her jewelry box and let it accidentally slip that it can be found there is another thing.

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What are your legal options as far as giving up possession of your guns when your foid card is revoked? Do you have to surrender your guns to the police which is really a theft of your assets or can can give your gun collection to a gun dealer to be sold on consignment?

If you are revoked,the ISP sends out a revocation letter requiring you to turn in your FOID card to local law enforcement. Along with that revocation letter is a firearms disposition form.

 

You are required to list on this form all of your firearms. Make, model, serial number, caliber etc. You also list on this form who has legally taken possession of your firearms.

 

You do not have to turn them in to the police department.

 

The reason I know this is I had to help someone fill out their paperwork for a FOID revocation.

 

Can you or anyone here show me the law that gives the ISP the authority to create a firearms registry list?

 

Many many moons ago I got a letter from the ISP asking me to surrender my FOID a few weeks before Deer season. (confused me with another guy with my name and about the same age) I did surrender the card to the local sheriff. With the help of my state rep, straightened out the mistaken ID and had FOID returned in time for Deer season.

 

I was never asked what firearms I had. I believe I would contact an attorney before submitting a list of my possessions to anyone. Unless I`m wrong the law just says surrender the FOID. That form is something the ISP dreamed up.

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430 ILCS 65/9.5)

Sec. 9.5. Revocation of Firearm Owner's Identification Card.

(a) A person who receives a revocation notice under Section 9 of this Act shall, within 48 hours of receiving notice of the revocation:

(1) surrender his or her Firearm Owner's

Identification Card to the local law enforcement agency where the person resides. The local law enforcement agency shall provide the person a receipt and transmit the Firearm Owner's Identification Card to the Department of State Police; and

(2) complete a Firearm Disposition Record on a form prescribed by the Department of State Police and place his or her firearms in the location or with the person reported in the Firearm Disposition Record. The form shall require the person to disclose:

(A) the make, model, and serial number of

each firearm owned by or under the custody and control of the revoked person;

( B ) the location where each firearm will be

maintained during the prohibited term; and

( C ) if any firearm will be transferred to the

custody of another person, the name, address and Firearm Owner's Identification Card number of the transferee.

( b ) The local law enforcement agency shall provide a copy of the Firearm Disposition Record to the person whose Firearm Owner's Identification Card has been revoked and to the Department of State Police.

( c ) If the person whose Firearm Owner's Identification Card has been revoked fails to comply with the requirements of this Section, the sheriff or law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the Firearm Owner's Identification Card and firearms in the possession or under the custody or control of the person whose Firearm Owner's Identification Card has been revoked.

(d) A violation of subsection (a) of this Section is a Class A misdemeanor.

(e) The observation of a Firearm Owner's Identification Card in the possession of a person whose Firearm Owner's Identification Card has been revoked constitutes a sufficient basis for the arrest of that person for violation of this Section.

(f) Within 30 days after the effective date of this amendatory Act of the 98th General Assembly, the Department of State Police shall provide written notice of the requirements of this Section to persons whose Firearm Owner's Identification Cards have been revoked, suspended, or expired and who have failed to surrender their cards to the Department.

(g) A person whose Firearm Owner's Identification Card has been revoked and who received notice under subsection (f) shall comply with the requirements of this Section within 48 hours of receiving notice.

(Source: P.A. 98-63, eff. 7-9-13.)

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430 ILCS 65/9.5)

Sec. 9.5. Revocation of Firearm Owner's Identification Card.

(a) A person who receives a revocation notice under Section 9 of this Act shall, within 48 hours of receiving notice of the revocation:

(1) surrender his or her Firearm Owner's

 

Identification Card to the local law enforcement agency where the person resides. The local law enforcement agency shall provide the person a receipt and transmit the Firearm Owner's Identification Card to the Department of State Police; and

(2) complete a Firearm Disposition Record on a form

 

prescribed by the Department of State Police and place his or her firearms in the location or with the person reported in the Firearm Disposition Record. The form shall require the person to disclose:

(A) the make, model, and serial number of

 

each firearm owned by or under the custody and control of the revoked person;

( :cool: the location where each firearm will be

 

maintained during the prohibited term; and

© if any firearm will be transferred to the

 

custody of another person, the name, address and Firearm Owner's Identification Card number of the transferee.

( :cool: The local law enforcement agency shall provide a copy of the Firearm Disposition Record to the person whose Firearm Owner's Identification Card has been revoked and to the Department of State Police.

© If the person whose Firearm Owner's Identification Card has been revoked fails to comply with the requirements of this Section, the sheriff or law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the Firearm Owner's Identification Card and firearms in the possession or under the custody or control of the person whose Firearm Owner's Identification Card has been revoked.

(d) A violation of subsection (a) of this Section is a Class A misdemeanor.

(e) The observation of a Firearm Owner's Identification Card in the possession of a person whose Firearm Owner's Identification Card has been revoked constitutes a sufficient basis for the arrest of that person for violation of this Section.

(f) Within 30 days after the effective date of this amendatory Act of the 98th General Assembly, the Department of State Police shall provide written notice of the requirements of this Section to persons whose Firearm Owner's Identification Cards have been revoked, suspended, or expired and who have failed to surrender their cards to the Department.

(g) A person whose Firearm Owner's Identification Card has been revoked and who received notice under subsection (f) shall comply with the requirements of this Section within 48 hours of receiving notice.

(Source: P.A. 98-63, eff. 7-9-13.)

Ahhh, the 98th did it to us.

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Of course.... 48 hours to transfer them to someone else - but the receiver has to wait 72 hours before taking possession. $that makes sense$

 

The 72 hour wait does not always apply. You could "gift" the gun(s) to an immediate family member. #3 applies since the transfer is pursuant to a law.

 

 

(a-15) The provisions of subsection (a-10) of this Section

do not apply to:

(1) transfers that occur at the place of business of a

federally licensed firearm dealer, if the federally

licensed firearm dealer conducts a background check on the

prospective recipient of the firearm in accordance with

Section 3.1 of this Act and follows all other applicable

federal, State, and local laws as if he or she were the

seller or transferor of the firearm, although the dealer is

not required to accept the firearm into his or her

inventory. The purchaser or transferee may be required by

the federally licensed firearm dealer to pay a fee not to

exceed $10 per firearm, which the dealer may retain as

compensation for performing the functions required under

this paragraph, plus the applicable fees authorized by

Section 3.1;

(2) transfers as a bona fide gift to the transferor's

husband, wife, son, daughter, stepson, stepdaughter,

father, mother, stepfather, stepmother, brother, sister,

nephew, niece, uncle, aunt, grandfather, grandmother,

grandson, granddaughter, father-in-law, mother-in-law,

son-in-law, or daughter-in-law;

(3) transfers by persons acting pursuant to operation

of law or a court order;

http://www.ilga.gov/legislation/publicacts/98/098-0508.htm

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Of course.... 48 hours to transfer them to someone else - but the receiver has to wait 72 hours before taking possession. $that makes sense$

 

The 72 hour wait does not always apply. You could "gift" the gun(s) to an immediate family member. #3 applies since the transfer is pursuant to a law.

 

 

(a-15) The provisions of subsection (a-10) of this Section

do not apply to:

(1) transfers that occur at the place of business of a

federally licensed firearm dealer, if the federally

licensed firearm dealer conducts a background check on the

prospective recipient of the firearm in accordance with

Section 3.1 of this Act and follows all other applicable

federal, State, and local laws as if he or she were the

seller or transferor of the firearm, although the dealer is

not required to accept the firearm into his or her

inventory. The purchaser or transferee may be required by

the federally licensed firearm dealer to pay a fee not to

exceed $10 per firearm, which the dealer may retain as

compensation for performing the functions required under

this paragraph, plus the applicable fees authorized by

Section 3.1;

(2) transfers as a bona fide gift to the transferor's

husband, wife, son, daughter, stepson, stepdaughter,

father, mother, stepfather, stepmother, brother, sister,

nephew, niece, uncle, aunt, grandfather, grandmother,

grandson, granddaughter, father-in-law, mother-in-law,

son-in-law, or daughter-in-law;

(3) transfers by persons acting pursuant to operation

of law or a court order;

http://www.ilga.gov/legislation/publicacts/98/098-0508.htm

 

Your above quote of the law is under 430 ILCS 65. The FOID act. That statute does not address the 72 hour waiting period. What you have quoted is for the FOID verification when a transfer takes place.

 

The subsection (a-10) is where the requirement for the FOID verification with the ISP is written.

 

The 72 hour wait period falls under 720 ILCS 5/24-3. There are exemptions built into that statute. Which is listed below.

 

 

(g) Delivers any firearm, incidental to a sale,

 

without withholding delivery of the firearm for at least 72 hours after application for its purchase has been made, or delivers a stun gun or taser, incidental to a sale, without withholding delivery of the stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm from a federally licensed firearms dealer to a nonresident of Illinois under which the firearm is mailed to a federally licensed firearms dealer outside the boundaries of Illinois; (3) (blank); (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, shotgun, or other long gun to a resident registered competitor or attendee or non-resident registered competitor or attendee by any dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 at competitive shooting events held at the World Shooting Complex sanctioned by a national governing body. For purposes of transfers or sales under subparagraph (5) of this paragraph (g), the Department of Natural Resources shall give notice to the Department of State Police at least 30 calendar days prior to any competitive shooting events at the World Shooting Complex sanctioned by a national governing body. The notification shall be made on a form prescribed by the Department of State Police. The sanctioning body shall provide a list of all registered competitors and attendees at least 24 hours before the events to the Department of State Police. Any changes to the list of registered competitors and attendees shall be forwarded to the Department of State Police as soon as practicable. The Department of State Police must destroy the list of registered competitors and attendees no later than 30 days after the date of the event. Nothing in this paragraph (g) relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under 18 U.S.C. 922(t). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm. For purposes of this paragraph (g), "national governing body" means a group of persons who adopt rules and formulate policy on behalf of a national firearm sporting organization.
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