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Non FOID card holder needs to sell firearms


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#1 vito

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Posted 15 November 2019 - 12:35 PM

My neighbor recently passed away and his widow is talking about selling his guns. She does not have a FOID card. Will she be able to sell his guns through a licensed dealer even though she herself has no FOID?


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#2 Craigcelia

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Posted 15 November 2019 - 12:39 PM

If you call a gun shop, I believe the answer is yes.  I seem to recall this coming up at some point.


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#3 Hatchet

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Posted 15 November 2019 - 01:02 PM

You need a FOID to purchase, not to sell. There is the gray area of possessing with out a FOID, but because of the estate, i think there is a legal buffer zone so to speak.

 

I vaguely remember something being mentioned about it on this forum. Where and when i don't know. Or my mind is mixing up laws. But i agree above, best thing to do is contact a reputable gun shop and see if they will process it.


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#4 Euler

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Posted 15 November 2019 - 01:07 PM

Technically she's already breaking the law by possessing firearms without a FOID.

No FOID is required to sell firearms.

Someone without a FOID being required to hold firearms for 72 hours after their sale is a legal paradox best ignored.

If by "through a licensed dealer" you mean essentially "on consignment," I see no problem. In fact, if she just has a friend with a FOID (you, e.g.), I believe it's totally legit for her to sell (or even just to store until she gets a FOID or not) them that way, too. IANAL
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#5 THE KING

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Posted 15 November 2019 - 01:15 PM

Per 430 ILCS 65, she can maintain possession of her husband's firearms without a FOID due to his death. She can do this for 60 days if I remember correctly.

I would have her apply for a FOID. If it was my neighbor, I would help her sell the firearms. This website would be a good start. In my opinion if she goes to a gun store she will probably get pennies on the dollar for the firearms.

I don't know for sure, but I think the gun store might take issue with her not having a FOID.

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#6 Dog1

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Posted 15 November 2019 - 01:25 PM

Per 430 ILCS 65, she can maintain possession of her husband's firearms without a FOID due to his death. She can do this for 60 days if I remember correctly.

I would have her apply for a FOID. If it was my neighbor, I would help her sell the firearms. This website would be a good start. In my opinion if she goes to a gun store she will probably get pennies on the dollar for the firearms.

I don't know for sure, but I think the gun store might take issue with her not having a FOID.

KING

Here is the quote:

430 ILCS 65/12) (from Ch. 38, par. 83-12) 

    Sec. 12. The provisions of this Act shall not apply to the passing or transfer of any firearm or firearm ammunition upon the death of the owner thereof to his heir or legatee or to the passing or transfer of any firearm or firearm ammunition incident to any legal proceeding or action until 60 days after such passing or transfer. 
(Source: Laws 1967, p. 2600.)



#7 FST_Kent

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Posted 15 November 2019 - 01:34 PM

I was gonna say there's a grace period and it's been posted here several times.



#8 Thiokol

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Posted 15 November 2019 - 01:54 PM

Why not post them for sale here? She will realize more money then if she sold them to a dealer or put them on consignment. You could do the ISP check for her and meet the buyer with her.


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#9 Craigcelia

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Posted 15 November 2019 - 02:23 PM

This website would be a good start. In my opinion if she goes to a gun store she will probably get pennies on the dollar for the firearms.
 

I agree, she would get hardly anything at a shop.  I wouldn't mind knowing what she had.


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#10 seanc

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Posted 15 November 2019 - 02:58 PM

Also, buying from a widow is better than the crapshoot you sometimes take when buying a gun.  She isn't selling because of any flaw with the gun.

 

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#11 THE KING

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Posted 15 November 2019 - 03:32 PM

This website would be a good start. In my opinion if she goes to a gun store she will probably get pennies on the dollar for the firearms.

I agree, she would get hardly anything at a shop.  I wouldn't mind knowing what she had.

Same here. I would hate to see her not make what she should, that's why I suggested starting here.

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#12 vito

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Posted 15 November 2019 - 04:07 PM

Why not post them for sale here? She will realize more money then if she sold them to a dealer or put them on consignment. You could do the ISP check for her and meet the buyer with her.

 

I will suggest that to her, but not right now. As an organ donor his body has not yet been released to the funeral home, and the widow is delaying even making funeral arrangements until hearing from some out of town relatives. I told her when she is ready we can talk about what she wants to do with his firearms as well as his several vehicles and that I will try to help her as best I can. I truly appreciate all the good advice that has been provided already. 


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#13 vito

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Posted 15 November 2019 - 04:31 PM

The neighbor that passed away was an avid hunter (I am not a hunter) and I think his widow is hoping that some of these friends either offer to buy the guns and/or assist her in selling them. I was not aware of this when I started the post earlier today but she shared that info with my wife. I am still offering to help out as needed. Thanks again for the advice. 


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#14 FST_Kent

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Posted 15 November 2019 - 04:40 PM

I'm giving all my stuff away.

 

Property, house, barn, tractors, equipment, guns ammo, furniture, and everything else on the property.

 

Probably all to one young person un-related to me I feel deserves it all and would enjoy it.  They would be free to sell it all at a certain point in time and make any upgrades they'd like at anytime.



#15 mrmagloo

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Posted 15 November 2019 - 05:02 PM

I'm giving all my stuff away.

 

Property, house, barn, tractors, equipment, guns ammo, furniture, and everything else on the property.

 

Probably all to one young person un-related to me I feel deserves it all and would enjoy it.  They would be free to sell it all at a certain point in time and make any upgrades they'd like at anytime.

 

Hmm, I'm up for adoption?



#16 kster

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Posted 15 November 2019 - 05:51 PM

wasn't it discussed before that the executor of his will would be able to transfer without legal violations?



#17 FST_Kent

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Posted 15 November 2019 - 05:52 PM

Hmm, I'm up for adoption?

 

 

Then you'd be a family member and disqualified.

 

And when I say young,  very early 20's with a passion for waterfowl hunting and wetland management.

 

Also, it will be a rural property in MN or SD.



#18 FST_Kent

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Posted 15 November 2019 - 06:13 PM

Back to the original topic.  I'll relay a situation an older friend of mine was in 20 yrs ago.

 

One of his friends passed away and his friend had a gun room with several hundred firearms.  The deceased wife invited my friend to the house.  He was told to walk in the room and take anything he wanted.  He never asked, but he thinks she wanted him to take all or most of them with him.  My friend walked into the room, picked up one rifle, walked up to and told her I'll take this one because he had alot of friends and you should start calling them.

 

Now there's a reason my friend was called first and that's not important here.  My friend basically owned every gun he ever wanted and had many more he didn't really need.  He didn't need the rifle he picked from his friend's collection and it wasn't even one of the nicest ones in the collection.

 

Point is, if she doesn't need the money, his family and friends would be honored by the gesture.

 

I eventually acquired the few firearms my grandfather owned.  They're nothing special, but they were his.



#19 soundguy

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Posted 15 November 2019 - 06:19 PM

 

Why not post them for sale here? She will realize more money then if she sold them to a dealer or put them on consignment. You could do the ISP check for her and meet the buyer with her.

 

I will suggest that to her, but not right now. As an organ donor his body has not yet been released to the funeral home, and the widow is delaying even making funeral arrangements until hearing from some out of town relatives. I told her when she is ready we can talk about what she wants to do with his firearms as well as his several vehicles and that I will try to help her as best I can. I truly appreciate all the good advice that has been provided already.

 

A bonus to posting them here... it seems that all of us are generally upstanding and responsible folks. I think of it as a very safe place to buy, or sell should I ever feel the need. It's like dealing with good friends.


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#20 BobPistol

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Posted 15 November 2019 - 06:36 PM

I'm giving all my stuff away.

 

Property, house, barn, tractors, equipment, guns ammo, furniture, and everything else on the property.

 

Probably all to one young person un-related to me I feel deserves it all and would enjoy it.  They would be free to sell it all at a certain point in time and make any upgrades they'd like at anytime.

 

You can give it to my son.    And of course, we'll keep an eye on him there ;)


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#21 FST_Kent

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Posted 15 November 2019 - 06:42 PM

We're talking 10-15 yrs from now.  How old will he be then?



#22 ScopeEye

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Posted 15 November 2019 - 07:25 PM

We're talking 10-15 yrs from now.  How old will he be then?

10 - 15 years all guns will be banned 



#23 FST_Kent

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Posted 15 November 2019 - 07:46 PM

So you wouldn't be interested in the land, house, barn, and equipment?



#24 spec5

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Posted 15 November 2019 - 08:57 PM

This is another reason that spouses and children should have FOID cards only in one of them owns firearms in a family. Even though we shouldn't have to have a FOID the count of FOID holders should give pause to the anti crowd clowns.


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#25 kyle50cal

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Posted 16 November 2019 - 09:32 AM

An FFL can take firearms from someone that doesn't have a FOID. They just need a valid state ID for the purpose of logging the firearms into the FFL's books. Once that happens, the FFL would take possession of the firearms and would not be able to transfer the firearms back without the person having a FOID Card.

#26 Craigcelia

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Posted 21 November 2019 - 10:12 PM

So you wouldn't be interested in the land, house, barn, and equipment?

I'll take the land, house and barn. I'll be old though. I want to just step outside my house and shoot. Can't do that in the burbs....

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#27 FST_Kent

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Posted 21 November 2019 - 11:02 PM

I'll take the land, house and barn. I'll be old though. I want to just step outside my house and shoot. Can't do that in the burbs....

 

 

You don't meet the main criteria of being in your early 20's, just starting out in life  :laugh:

 

But, at the property I'm currently living at I shoot coyotes while still standing inside and occasionally geese just outside the door if they fly over that particular corner of the property when flying out to feed in the afternoons.  Have come close to arrowing a doe a time or two while still inside.

 

This property is outside the burbs, but has a subdivision on the east side and light industrial on the west side.  Creek runs through the middle and 2 ponds on the east side with club house/cabin.

 

Usually only shoot .22's and the .17HMR to not piss off the neighbors.  My older brother sold his house next door and I'm not yet sure how the new people will react to the noise of a waterfowl load.  Don't really care.

 

Also, the old cow pasture holds deer, has food plots, and one can bow hunt.

 

Before 2008 this place would have sold for at least a million, now it can't attract interest at half that much.  Working on an investment loss/charitable donation/capital gains tax wash package for 2020, so I can get out of IL and my mother moves to Colorado with near my younger brother.



#28 Craigcelia

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Posted 21 November 2019 - 11:34 PM

 Working on an investment loss/charitable donation/capital gains tax wash package for 2020, so I can get out of IL and my mother moves to Colorado with near my younger brother.
Really can't blame ya on that. 8.5 more years and I'll be able to leave as well. Not really sure where, but its going to be an area like you just described, for sure. Sent from my SM-G955U using Tapatalk

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#29 FST_Kent

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Posted 22 November 2019 - 06:18 AM

South Dakota prairie pot hole region for me.  No state income tax, Constitutional carry, and suppressors legal. 

 

Properties like I want are tough to find in SD, so probably will be in NW Minnesota.






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