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Under 21 with a handgun


bmyers

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My daughter (she is 18) is wanting to take the handgun to the farm and shot. I have no problem with her doing that, except she is wanting to go earlier than we are going and get in some practice to see if she can beat mom target shooting when we get there. I want to make sure it is legal for her to transport it out there. She has her FOID card and she knows how to safely transport firearms and the requirements involved.

 

I just want to make sure she is legal to have the unloaded handgun with her in the vehicle (properly being transported). Once she gets on farm property, not worried about.

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My daughter (she is 18) is wanting to take the handgun to the farm and shot. I have no problem with her doing that, except she is wanting to go earlier than we are going and get in some practice to see if she can beat mom target shooting when we get there. I want to make sure it is legal for her to transport it out there. She has her FOID card and she knows how to safely transport firearms and the requirements involved.

 

I just want to make sure she is legal to have the unloaded handgun with her in the vehicle (properly being transported). Once she gets on farm property, not worried about.

No problem.

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I know you can't buy a handgun if you're under 21....but I'm not 100% sure about possession. I mean, as far as I know, there's no age restriction for getting a FOID. In other words, my minor child could get a FOID and "possess" my guns as well as purchase ammunition. Correct? Incorrect?

 

This is worth a reminder...remember the forth and fifth amendments when interacting with the police. I'm not saying you should do anything illegal. But I am saying that the police don't have a right to know what you have in your car unless they have probable cause. If they ask if you have any guns in the car, you can refuse to answer the question or you can lie (you're not under oath). The CCA requires you to disclose if you're carrying under the act if a police officer asks. However, I presume that's not the case here since someone under 21 can't get a CCL. Also, I think the constitution supersedes the CCA.

The safe thing to do is refuse to answer questions. Politely decline. Ask the officer for your citation and to be allowed to go on your way.

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I know you can't buy a handgun if you're under 21....but I'm not 100% sure about possession. I mean, as far as I know, there's no age restriction for getting a FOID. In other words, my minor child could get a FOID and "possess" my guns as well as purchase ammunition. Correct? Incorrect?

 

... I'm not saying you should do anything illegal. But I am saying that the police don't have a right to know what you have in your car unless they have probable cause. If they ask if you have any guns in the car, you can refuse to answer the question or you can lie (you're not under oath). The CCA requires you to disclose if you're carrying under the act if a police officer asks. However, I presume that's not the case here since someone under 21 can't get a CCL. Also, I think the constitution supersedes the CCA. ...

Minors can possess firearms outside the home if they have adult (over 21) supervision with a FOID and possession of firearms is otherwise legal. Minors under the supervision of an adult with a FOID do not need a FOID. Minors cannot purchase ammunition.

 

Concealed carry outside the home (which includes uncased possession in a car) without a CCL is not otherwise legal. Lying to the police is not legal. While Illinois does not have a duty to inform law, if the police ask you if you have gun, you have to answer truthfully. You could choose to invoke your 5th amendment right to remain silent, at which point they'll probably just search you, anyway.

 

If you think the CCA or any part of it is unconstitutional, feel free to challenge its constitutionality in federal court. In the meantime, the police and courts will enforce the CCA as law whether you think it's unconstitutional or not.

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I know you can't buy a handgun if you're under 21....but I'm not 100% sure about possession. I mean, as far as I know, there's no age restriction for getting a FOID. In other words, my minor child could get a FOID and "possess" my guns as well as purchase ammunition. Correct? Incorrect?

 

... I'm not saying you should do anything illegal. But I am saying that the police don't have a right to know what you have in your car unless they have probable cause. If they ask if you have any guns in the car, you can refuse to answer the question or you can lie (you're not under oath). The CCA requires you to disclose if you're carrying under the act if a police officer asks. However, I presume that's not the case here since someone under 21 can't get a CCL. Also, I think the constitution supersedes the CCA. ...

Minors can possess firearms outside the home if they have adult (over 21) supervision with a FOID and possession of firearms is otherwise legal. Minors under the supervision of an adult with a FOID do not need a FOID. Minors cannot purchase ammunition.

 

Concealed carry outside the home (which includes uncased possession in a car) without a CCL is not otherwise legal. Lying to the police is not legal. While Illinois does not have a duty to inform law, if the police ask you if you have gun, you have to answer truthfully. You could choose to invoke your 5th amendment right to remain silent, at which point they'll probably just search you, anyway.

 

If you think the CCA or any part of it is unconstitutional, feel free to challenge its constitutionality in federal court. In the meantime, the police and courts will enforce the CCA as law whether you think it's unconstitutional or not.

 

 

Not talking about a minor, talking about an adult (18 y/o).

 

Minimum Age to Purchase & Possess in Illinois

Illinois prohibits any person under age 18 from possessing a handgun. State law also prohibits any person from knowingly transferring a handgun to any person under age 18. However, Illinois also prohibits any person from knowingly transferring a firearm to any person who does not hold a FOID card. To obtain a FOID card, an individual must be over 21 years of age or have the written consent of his or her parent or legal guardian to possess and acquire any firearms and ammunition. Further, the parent or legal guardian must not be prohibited from obtaining a FOID card. Persons under age 21 also do not qualify for a FOID card if they have been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent.

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... my minor child could get a FOID and "possess" my guns as well as purchase ammunition. Correct? Incorrect?

Not talking about a minor, talking about an adult (18 y/o).

Minor means minor. I was talking about a minor because the post to which I replied was talking about a minor. We're talking about minors.

 

Minimum Age to Purchase & Possess in Illinois

Illinois prohibits any person under age 18 from possessing a handgun. State law also prohibits any person from knowingly transferring a handgun to any person under age 18. However, Illinois also prohibits any person from knowingly transferring a firearm to any person who does not hold a FOID card. To obtain a FOID card, an individual must be over 21 years of age or have the written consent of his or her parent or legal guardian to possess and acquire any firearms and ammunition. Further, the parent or legal guardian must not be prohibited from obtaining a FOID card. Persons under age 21 also do not qualify for a FOID card if they have been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent.

430 ILCS 65. Sec. 2. Firearm Owner's Identification Card required; exceptions.
...
    ( The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
...
        (11) Unemancipated minors while in the custody and
             immediate control of their parent or legal guardian or
             other person in loco parentis to the minor if the parent
             or legal guardian or other person in loco parentis to the
             minor has a currently valid Firearm Owner's Identification
             Card;
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While Illinois does not have a duty to inform law, if the police ask you if you have gun, you have to answer truthfully. You could choose to invoke your 5th amendment right to remain silent, at which point they'll probably just search you, anyway.

 

If you think the CCA or any part of it is unconstitutional, feel free to challenge its constitutionality in federal court. In the meantime, the police and courts will enforce the CCA as law whether you think it's unconstitutional or not.

That's a condition imposed on concealed carry licensees and applies while licensees are carrying under the terms of said license.
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Concealed carry outside the home (which includes uncased possession in a car) without a CCL is not otherwise legal. Lying to the police is not legal. While Illinois does not have a duty to inform law, if the police ask you if you have gun, you have to answer truthfully. You could choose to invoke your 5th amendment right to remain silent, at which point they'll probably just search you, anyway.

 

If you think the CCA or any part of it is unconstitutional, feel free to challenge its constitutionality in federal court. In the meantime, the police and courts will enforce the CCA as law whether you think it's unconstitutional or not.

 

No one said concealed carry outside the home without a license was legal. However, it is legal on any property you own without a license. It's also legal to give other people the permission to carry without a license on your property, whether it be your home, land, place of business, etc.

 

It is COMPLETELY legal to lie to the police. 99.9% of the time. If the police pull you over and ask if you've been drinking, you may legally say "no, I have not"...even if you were. That's a fact. I'm not advocating lying to the police. But, there's nothing illegal about it. Lying to the FBI is another story. The only thing you're not allowed to lie about under Illinois law is your name...but then again, only under certain circumstances.

 

I do, in fact, believe that compelling people to disclose whether they're carrying under the act is a violation of the 4th and 5th amendments. You seem to think that I don't understand the possible ramifications of failing to comply with the statute. I do. I never said I advocated challenging the law, but I believe that will eventually happen and I believe the court will eventually overturn that portion of the law. If you don't believe that, that's your business.

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My daughter (she is 18) is wanting to take the handgun to the farm and shot. I have no problem with her doing that, except she is wanting to go earlier than we are going and get in some practice to see if she can beat mom target shooting when we get there. I want to make sure it is legal for her to transport it out there. She has her FOID card and she knows how to safely transport firearms and the requirements involved.

 

I just want to make sure she is legal to have the unloaded handgun with her in the vehicle (properly being transported). Once she gets on farm property, not worried about.

It is illegal to transfer a handgun or cause a handgun to be transfered to someone under the age of 18. If a parent knowingly allowed their child under the age of 18 to walk out with a handgun they then could be charged with causing a handgun to be transferred to their underage child. In your case your child is an adult legally allowed to possess a handgun with valid FOID card.

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