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Changing Residency, FOID and Out-of-State Considerations

FOID residency California illinois firearm storage legality invalid rifle pistol

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#1 jwarren10101

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Posted 10 August 2019 - 08:35 PM

Hi all, 

 

I have a couple of questions that I haven't been able to answer by looking online. I am moving to California for a year and will be leaving my firearms with family members (who have valid FOIDs). Obviously, I won't be able to take certain firearms to California and wish to keep them in Illinois. Does my FOID become invalid if I live outside of Illinois for around a year? Do I have to notify someone about the residency change? Is it possible to keep my FOID valid when I am away for that period? Can I store them with family members who possess a FOID? Thanks in advance!



#2 Molly B.

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Posted 10 August 2019 - 09:08 PM

If you maintain am Illinois driver's license your FOID will remain valid.

Whether you remain an Illinois resident or not, you can leave your firearms in safe keeping with family if they have a valid Foid.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#3 InterestedBystander

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Posted 10 August 2019 - 09:12 PM

IANAL
If you get a CA DL, you turn in your IL DL then I believe they will notify IL who may then revoke your FOID.

You do not need to notify anyone but the CA DL may trigger items as mentioned above.

I believe FOID stays valid as long as you are an IL resident...but again the CA DL thing.

They are your firearms. Storing them here with somene with a FOID should not be a problem I don't think regardless of whether you are a non resident without a FOID.

Now for those more knowledgable to chip in...

Edited by InterestedBystander, 10 August 2019 - 09:13 PM.

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#4 Bubbacs

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Posted 10 August 2019 - 09:41 PM

I love typing this: IANAL either

But as devils advocate, what if?

YOU leave them here with valid FOID card holders, BUT they are yours.
You get a CA DL and then forfeit the FOID as a non resident to Illinois.
IF anything comes up while you are gone, those holding your guns couldn’t say “well they belong to Mr. Smith who’s living in California!

Just do yourself a favor and transfer them paper work wise to whom ever you wish to have them.
You must trust them so it shouldn’t be a issue getting them back, right?

Then when you come back and get a FOID card again as a resident of Illinois, you can legally get those firearms transferred back to you it’s out and POSSIBLE headaches.

Seems like a lot for just 1 year.
But being seated vs taking a chance with the state of affairs in Illinois.....I’d transfer!

#5 mauserme

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Posted 10 August 2019 - 10:15 PM

I love typing this: IANAL either

But as devils advocate, what if?

YOU leave them here with valid FOID card holders, BUT they are yours.
You get a CA DL and then forfeit the FOID as a non resident to Illinois.
IF anything comes up while you are gone, those holding your guns couldn’t say “well they belong to Mr. Smith who’s living in California!

Just do yourself a favor and transfer them paper work wise to whom ever you wish to have them.
You must trust them so it shouldn’t be a issue getting them back, right?

Then when you come back and get a FOID card again as a resident of Illinois, you can legally get those firearms transferred back to you it’s out and POSSIBLE headaches.

Seems like a lot for just 1 year.
But being seated vs taking a chance with the state of affairs in Illinois.....I’d transfer!


I'm not seeing the problem with that - the part about explaining that the firearms belong to someone else who is out of state.  If they are Illinois residents with valid FOID Cards they can possess firearms in Illinois that are not theirs.



#6 Bubbacs

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Posted 10 August 2019 - 11:35 PM

Yes I understand that
Was just giving a alternate choice
One which would eliminate his stress and still help!

Edited by Bubbacs, 10 August 2019 - 11:35 PM.


#7 Euler

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Posted 10 August 2019 - 11:57 PM

Here's a consideration. If you keep your IL driver's license, think about treating your CA income as out-of-state income for tax purposes. It makes it more credible to assert you're remaining an IL resident.
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#8 domin8

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Posted 11 August 2019 - 01:57 AM

Dual residency is something you might be interested in. Biggest downside is paying state income tax to both states. Just a thought. https://www.blog.rap...wo-states-time/ Sent from my SM-N960U using Tapatalk
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#9 BigJim

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Posted 11 August 2019 - 07:27 AM

If you have an IL FCCL I would keep your IL DL so you don't have to go through the process and cost of getting a new FCCL when you return in a year. Sent from my SM-G955U using Tapatalk
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#10 Bubbacs

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Posted 11 August 2019 - 10:02 AM

If you have an IL FCCL I would keep your IL DL so you don't have to go through the process and cost of getting a new FCCL when you return in a year.

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He never mentions a CCL just the FOID which he has and the people who will hold the firearms have a FOID card also.
I’m also confused about something, in reading the laws, one has 30 days to make the switch.
The change of address to California would also trigger a need to get a state ID or/ license if you intend to drive.
Vehicle must be registered in California.

A quick google search brings all this info to the forefront.

We need to start holding true to one of the gun owners mottos to the world, “we are law abiding citizens”
Just get the license and get another FOID when you get back, it’s painless and worth the cost to avoid any hassle!

#11 mauserme

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Posted 11 August 2019 - 10:45 AM

He never mentions a CCL just the FOID which he has and the people who will hold the firearms have a FOID card also.
Im also confused about something, in reading the laws, one has 30 days to make the switch.
The change of address to California would also trigger a need to get a state ID or/ license if you intend to drive.
Vehicle must be registered in California.

A quick google search brings all this info to the forefront.

We need to start holding true to one of the gun owners mottos to the world, we are law abiding citizens
Just get the license and get another FOID when you get back, its painless and worth the cost to avoid any hassle!


California doesn't allow cars with out of state plates to be driven on their roads, or people licensed to drive by another state to drive in California?

I don't think that can be true.

#12 InterestedBystander

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Posted 11 August 2019 - 10:54 AM

I thought most states gave 2 to 6 months for getting a license if changing residency. And what defines residency? Would be surprised if out of state students are required to get a new DL.
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#13 skinnyb82

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Posted 11 August 2019 - 11:37 AM

I thought most states gave 2 to 6 months for getting a license if changing residency. And what defines residency? Would be surprised if out of state students are required to get a new DL.

Actually college students frequently get screwed with over this exact thing. Cop sees someone driving with out of state tags, OK, find probable cause to stop vehicle. Ask for DL while asking "What do you do?" and student replies "I'm a college student." Cue the "I see you have a license from (state of residency). Why don't you have a (insert state here) license? Why haven't you established residency?" and subsequent grilling. I could see cops using that to develop RS for continued detention.

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#14 FST_Kent

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Posted 11 August 2019 - 02:05 PM

Actually college students frequently get screwed with over this exact thing. 

 

 

Wasn't my experience while attending different levels of college in 3 different states being an IL resident.  Was always amazed how difficult it was for an out of state student to claim residency for in state tuition.

 

Then I worked in FL and became a resident, but never changed my plates.  My name, along with my father's name and IL address were on the registration.

 

Was never an issue in 9 years and the LEO interactions I had.

 

I did however catch flack in Pontiac IL with a Florida DL when i moved back to IL.



#15 skinnyb82

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Posted 11 August 2019 - 02:17 PM

There's a very...ahem, "prestigious" college where I live that has...ahem, "students" (I can smell them before I see them, I'm not kidding) from all around the country (rich white kids ashamed of themselves aka leftists) and I got to talking to a couple of them as I get coffee at a local place known for employing the ones who bathe and aren't completely off their rocker. I heard from multiple students how they were being stopped for having California tags, New York tags, etc, and getting messed with about residency. I don't want them changing their residency to here and then packing my city council and county board with flaming liberals (too late) so I'm VERY sympathetic to their "plight." Do your four (or five, in many cases) years and go back to your home state. Already have enough problems here, don't need you people here making my life even more difficult. Sent from my VS987 using Tapatalk
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#16 FST_Kent

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Posted 11 August 2019 - 02:30 PM

i heard it at the coffee shop.

 

I don't even know if that holds up on the Andy Griffith show.



#17 jwarren10101

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Posted 11 August 2019 - 06:35 PM

One of the major worries I had was if an AWB gets passed at the state level when I am gone, which complicates the transfer when I am back in the state. I don't know if this is an irrational fear, but I don't want to be left high and dry. 



#18 domin8

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Posted 11 August 2019 - 08:30 PM

He never mentions a CCL just the FOID which he has and the people who will hold the firearms have a FOID card also.
Im also confused about something, in reading the laws, one has 30 days to make the switch.
The change of address to California would also trigger a need to get a state ID or/ license if you intend to drive.
Vehicle must be registered in California.

A quick google search brings all this info to the forefront.

We need to start holding true to one of the gun owners mottos to the world, we are law abiding citizens
Just get the license and get another FOID when you get back, its painless and worth the cost to avoid any hassle!


California doesn't allow cars with out of state plates to be driven on their roads, or people licensed to drive by another state to drive in California?

I don't think that can be true.

The Drivers License Compact says it isn't true. Sent from my SM-N960U using Tapatalk
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#19 domin8

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Posted 11 August 2019 - 08:34 PM

One of the major worries I had was if an AWB gets passed at the state level when I am gone, which complicates the transfer when I am back in the state. I don't know if this is an irrational fear, but I don't want to be left high and dry. 

Do you have friends in any of the other pro-2A states between Illinois and California that would be willing to "hold" your firearms? Play it safe and avoid Colorado and Nevada. It might be smart to avoid New Mexico, too.

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#20 skinnyb82

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Posted 12 August 2019 - 02:12 PM

i heard it at the coffee shop.
 
I don't even know if that holds up on the Andy Griffith show.

I've also been in a car with a 6'6" black guy who looks like the Predator driving the car when he was stopped. Icing on the cake is that he's from St. Louis proper and had Missouri tags. That was a fun time. He got flak for not changing his residency but the cop was right since he lived in "town" all year long.

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#21 FST_Kent

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Posted 12 August 2019 - 02:42 PM

Was never my experience or the hundreds of out of state student athletes i worked with either.



#22 jwarren10101

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Posted 18 August 2019 - 10:57 PM

Unfortunately I don't know anyone out West in a state other than California....I really wish this was less complicated



#23 mauserme

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Posted 19 August 2019 - 12:18 PM

Unfortunately I don't know anyone out West in a state other than California....I really wish this was less complicated


It really isn't complicated.

If you keep your Illinois residency you can keep your FOID card. Ask yourself where you file taxes, what state issued your driver's license, etc to define this.

Either way, it's OK to leave your guns with Illinois residents who have a valid FOID card.







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