Tactical_Cats86 Posted April 29, 2015 at 05:43 PM Share Posted April 29, 2015 at 05:43 PM Hello Fellow Gun Rights Advocates! I am new here to the forum and I want to thank you for stopping by to give my post a look!It seems that I am in a bit of a debacle. After a very long time fighting the digital id system, I was finally able to submit my application for the Illinois Residents CCW Permit...hooray for me. Long story short, after all the time I spent trying to get my application in, it was approved and my permit was finally in my pocket, a good day for all however, I found out not 2 days after I applied for my permit that I would be moving to a very "gun friendly state" for a job."So what's the problem? Gun friendly states are awesome!" you say... Why yes they are but I will be coming home at least 4 times a year and I didn't go through the process of getting my permit to give it up. So what should I do? The state I am moving to is not recognized by Illinois as a state eligible for non residents permits (shocker) but I technically have all that's required by the state to obtain a non residents license. Will I still be getting the shaft from Illinois even after I move? Thoughts? Advice? Thanks in advance! Link to comment Share on other sites More sharing options...
wtr100 Posted April 29, 2015 at 05:54 PM Share Posted April 29, 2015 at 05:54 PM seems like a big boy - real lawyer question but law says (430 ILCS 66/70)Sec. 70. Violations.(a) A license issued or renewed under this Act shall berevoked if, at any time, the licensee is found to beineligible for a license under this Act or the licensee nolonger meets the eligibility requirements of the FirearmOwners Identification Card Act. BOHICA Link to comment Share on other sites More sharing options...
Glock23 Posted April 29, 2015 at 05:57 PM Share Posted April 29, 2015 at 05:57 PM Hello Fellow Gun Rights Advocates! I am new here to the forum and I want to thank you for stopping by to give my post a look! It seems that I am in a bit of a debacle. After a very long time fighting the digital id system, I was finally able to submit my application for the Illinois Residents CCW Permit...hooray for me. Long story short, after all the time I spent trying to get my application in, it was approved and my permit was finally in my pocket, a good day for all however, I found out not 2 days after I applied for my permit that I would be moving to a very "gun friendly state" for a job. "So what's the problem? Gun friendly states are awesome!" you say... Why yes they are but I will be coming home at least 4 times a year and I didn't go through the process of getting my permit to give it up. So what should I do? The state I am moving to is not recognized by Illinois as a state eligible for non residents permits (shocker) but I technically have all that's required by the state to obtain a non residents license. Will I still be getting the shaft from Illinois even after I move? Thoughts? Advice? Thanks in advance! As your new state is not on the list of states deemed acceptable by the ISP, your Illinois CCL will become null and void when you move. The only consolation is that non-residents can carry in their vehicle while in Illinois, so at least there's that. Congrats on leaving! Link to comment Share on other sites More sharing options...
AlphaKoncepts aka CGS Posted April 29, 2015 at 06:27 PM Share Posted April 29, 2015 at 06:27 PM You mention that you will be coming back here to Illinois at least 4 times a year? For how long? I do not know the answer to this question and I am not a lawyer, but if a tree falls in the woods and nobody is there to hear it, does it make a sound? If you do not register your new living quarters as your residence, because you are TRULY splitting your residency between here and there, are you in violation of the law, or are you still an illinois resident with valid illinois license to carry? You really must ask a lawyer. Link to comment Share on other sites More sharing options...
wtr100 Posted April 29, 2015 at 06:32 PM Share Posted April 29, 2015 at 06:32 PM You mention that you will be coming back here to Illinois at least 4 times a year? For how long? I do not know the answer to this question and I am not a lawyer, but if a tree falls in the woods and nobody is there to hear it, does it make a sound? If you do not register your new living quarters as your residence, because you are TRULY splitting your residency between here and there, are you in violation of the law, or are you still an illinois resident with valid illinois license to carry? You really must ask a lawyer. if his permision slip is being checked things are already sideways for him I suspect - handing an out of state drivers license an IL permission slip is probably going to make things worse not better Link to comment Share on other sites More sharing options...
AlphaKoncepts aka CGS Posted April 29, 2015 at 07:09 PM Share Posted April 29, 2015 at 07:09 PM You mention that you will be coming back here to Illinois at least 4 times a year? For how long? I do not know the answer to this question and I am not a lawyer, but if a tree falls in the woods and nobody is there to hear it, does it make a sound? If you do not register your new living quarters as your residence, because you are TRULY splitting your residency between here and there, are you in violation of the law, or are you still an illinois resident with valid illinois license to carry? You really must ask a lawyer. i agree whole heartedly. If he gets an out of state drivers license he must hand in his il ccl. The point i was making is that if he truly is going to be travelling back and forth alot... does he need to get an out of state license? Which location would truly be his residence? if his permision slip is being checked things are already sideways for him I suspect - handing an out of state drivers license an IL permission slip is probably going to make things worse not better Link to comment Share on other sites More sharing options...
danbrew Posted April 29, 2015 at 09:39 PM Share Posted April 29, 2015 at 09:39 PM Others have said it - it will be invalid. Dude, I'd be jumping for joy if I were able to move out of this *$()*#@$)(#*$-hole. Can't wait - 4 1/2 years and I'm gone. Link to comment Share on other sites More sharing options...
Xwing Posted April 29, 2015 at 10:19 PM Share Posted April 29, 2015 at 10:19 PM You mention that you will be coming back here to Illinois at least 4 times a year? For how long? I do not know the answer to this question and I am not a lawyer, but if a tree falls in the woods and nobody is there to hear it, does it make a sound? If you do not register your new living quarters as your residence, because you are TRULY splitting your residency between here and there, are you in violation of the law, or are you still an illinois resident with valid illinois license to carry? You really must ask a lawyer. That was my thought as well. Only you know your actual living situation, but do you have the ability to be a part-time Illinois resident (and part-time resident of another state)? My brother had a house in another state, but followed the rules to keep his residency in Illinois. In that case, he retained his Illinois drivers license. (Echo the above comments that you'll probably have to talk to a lawyer to see what specifically applies to your situation.) If indeed you must change your state of residency, you will likely not be able to carry during your trips to Illinois (Through I suggest you read the rules for car carry, so you can at least have that.) Link to comment Share on other sites More sharing options...
soundguy Posted April 29, 2015 at 11:36 PM Share Posted April 29, 2015 at 11:36 PM I know a guy who lived in Illinois for over ten years before giving up his Texas residency. He paid Texas income tax (0%), Had Texas plates for his car and a Texas DL. Even bought a house here, paid Illinois Property Taxes and registered to vote here. He changed when the financial institution he refinanced his car with said for their purposes, he needed IL pates and DL. Couldn't buy a gun in Texas 'cause it might be discovered he didn't live there and couldn't get an FOID so he couldn't buy a gun here. You are probably best off becoming a resident in your new state and throwing your IL CCP in the keepsake box with your draft card. Link to comment Share on other sites More sharing options...
MJB Posted April 30, 2015 at 01:40 AM Share Posted April 30, 2015 at 01:40 AM Doesn't he have to notify ISP so his license isn't on the books? I thought there was a cancel fee also but I'm not sure. Link to comment Share on other sites More sharing options...
danbrew Posted April 30, 2015 at 03:02 AM Share Posted April 30, 2015 at 03:02 AM Oh, please, please, please let there be a cancel fee. I'd love to tell the state to bite me the day after I've moved and they send me a letter saying, "Oh, Mr. Danbrew, you owe us $75 for cancelling your CCW". That's some lol right there. There isn't a cancellation fee - but I'm sure it's because they just haven't thought of it yet. Link to comment Share on other sites More sharing options...
RonOglesby - Now in Texas Posted April 30, 2015 at 03:07 AM Share Posted April 30, 2015 at 03:07 AM Doesn't he have to notify ISP so his license isn't on the books? I thought there was a cancel fee also but I'm not sure.There is no "cancel" fee. Link to comment Share on other sites More sharing options...
RonOglesby - Now in Texas Posted April 30, 2015 at 03:12 AM Share Posted April 30, 2015 at 03:12 AM So I was in this position. In my case I moved to Texas within about 3 months of getting my Illinois permit. (last July). I moved to Texas. Texas is NOT on the Illinois list. Even if I WANTED to get a non-resident permit for Illinois it is not possible. I called the ISP multiple times. Attempted to change my address (they wont let you change your address online unless it matches your DL). Called about that as was informed that my CHL is not valid once I change my residency. And of course there is no reciprocity for Texas CHL. And I can't get an Illinois non-resident... Really funny. June 29th I was legal. Closed on my house sale and started up the Penske truck. June 30th I land in texas... I am no longer legal in Illinois. The Illinois CCL is not that bad (dont start on the prohibited places) but their reciprocity and non-resident process assumes every other state is full of loonies and felons with Concealed carry licenses. Link to comment Share on other sites More sharing options...
spec5 Posted April 30, 2015 at 03:16 AM Share Posted April 30, 2015 at 03:16 AM Doesn't he have to notify ISP so his license isn't on the books? I thought there was a cancel fee also but I'm not sure. There is no "cancel" fee.They should give you a prorated refund. Not in purple. Link to comment Share on other sites More sharing options...
Molly B. Posted April 30, 2015 at 03:34 AM Share Posted April 30, 2015 at 03:34 AM We are hoping this might be addressed in the trailer bill . . . Link to comment Share on other sites More sharing options...
Gamma Posted April 30, 2015 at 03:54 AM Share Posted April 30, 2015 at 03:54 AM seems like a big boy - real lawyer question but law says(430 ILCS 66/70) Sec. 70. Violations. (a) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found to be ineligible for a license under this Act or the licensee no longer meets the eligibility requirements of the Firearm Owners Identification Card Act. Eligibility for a license is not lost by moving out of state, to any state. The section of the law which spells out the qualifications for a license don't say anything about residence. The only distinction for non-residents is for applicants, not licensees. ISP appears to not be following the law when they are revoking the licenses of those who move out of state. Link to comment Share on other sites More sharing options...
ChicagoRonin70 Posted April 30, 2015 at 07:05 AM Share Posted April 30, 2015 at 07:05 AM seems like a big boy - real lawyer question but law says(430 ILCS 66/70)Sec. 70. Violations.(a) A license issued or renewed under this Act shall berevoked if, at any time, the licensee is found to beineligible for a license under this Act or the licensee nolonger meets the eligibility requirements of the FirearmOwners Identification Card Act. Eligibility for a license is not lost by moving out of state, to any state. The section of the law which spells out the qualifications for a license don't say anything about residence. The only distinction for non-residents is for applicants, not licensees. ISP appears to not be following the law when they are revoking the licenses of those who move out of state. Is this actually true? Can anyone speak on that with authority? Reading the quoted passage seems to support Gamma's interpretation, but then again the ISP is known for not following the law as written or even as dictated to them by the courts. Case in point, some years back they had to be sued because they were refusing to comply with court-ordered destruction of files for expungement cases. So, it wouldn't surprise me at all if the ISP is trying to get one over against the language and legislative intent of the law where CCL is concerned. Link to comment Share on other sites More sharing options...
borgranta Posted April 30, 2015 at 01:28 PM Share Posted April 30, 2015 at 01:28 PM Your situation would make you an excellent plaintiff for Culp vs Madigan or a similar lawsuit since you were an FCCL licensee prior to moving. You could contact Molly B and ask if she needs a plaintiff such as yourself for Culp vs Madigan or any other pending lawsuit. Link to comment Share on other sites More sharing options...
borgranta Posted April 30, 2015 at 01:30 PM Share Posted April 30, 2015 at 01:30 PM We are hoping this might be addressed in the trailer bill . . .I hope you are right or the state might end up facing a lawsuit from licensees that changed residence. Link to comment Share on other sites More sharing options...
Blackbeard Posted April 30, 2015 at 01:52 PM Share Posted April 30, 2015 at 01:52 PM seems like a big boy - real lawyer question but law says(430 ILCS 66/70)Sec. 70. Violations.(a) A license issued or renewed under this Act shall berevoked if, at any time, the licensee is found to beineligible for a license under this Act or the licensee nolonger meets the eligibility requirements of the FirearmOwners Identification Card Act. Eligibility for a license is not lost by moving out of state, to any state. The section of the law which spells out the qualifications for a license don't say anything about residence. The only distinction for non-residents is for applicants, not licensees. ISP appears to not be following the law when they are revoking the licenses of those who move out of state. This was my interpretation. Is the non-resident license any different from the resident license? We don't know because they won't issue them. But you already have a license, and there is no section of the law that says it becomes invalid if you move out of state. Link to comment Share on other sites More sharing options...
kwc Posted April 30, 2015 at 03:04 PM Share Posted April 30, 2015 at 03:04 PM seems like a big boy - real lawyer question but law says (430 ILCS 66/70) Sec. 70. Violations. (a) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found to be ineligible for a license under this Act or the licensee no longer meets the eligibility requirements of the Firearm Owners Identification Card Act. Eligibility for a license is not lost by moving out of state, to any state. The section of the law which spells out the qualifications for a license don't say anything about residence. The only distinction for non-residents is for applicants, not licensees. ISP appears to not be following the law when they are revoking the licenses of those who move out of state. This was my interpretation. Is the non-resident license any different from the resident license? We don't know because they won't issue them. But you already have a license, and there is no section of the law that says it becomes invalid if you move out of state. Keep in mind there is a requirement to change one's address within 30 days. And it isn't possible to change one's address when moving to a state that isn't on the approved list. Of course, failure to update the address is only a petty offense ($150 fine). Link to comment Share on other sites More sharing options...
Tactical_Cats86 Posted April 30, 2015 at 08:18 PM Author Share Posted April 30, 2015 at 08:18 PM Your situation would make you an excellent plaintiff for Culp vs Madigan or a similar lawsuit since you were an FCCL licensee prior to moving. You could contact Molly B and ask if she needs a plaintiff such as yourself for Culp vs Madigan or any other pending lawsuit. Do you know how I would go about getting in contact with this person? I'd really like to not be the person who sets the record for having their Illinois ccw for the shortest amount of time... Link to comment Share on other sites More sharing options...
Tactical_Cats86 Posted April 30, 2015 at 08:22 PM Author Share Posted April 30, 2015 at 08:22 PM And thank you to everybody who has responded so far. I've really been at a loss as to what I should do about all of this. I am very much looking forward to moving to KS where I won't have to deal with this kind of mess. Link to comment Share on other sites More sharing options...
RonOglesby - Now in Texas Posted May 1, 2015 at 01:23 AM Share Posted May 1, 2015 at 01:23 AM Eligibility for a license is not lost by moving out of state, to any state. The section of the law which spells out the qualifications for a license don't say anything about residence. The only distinction for non-residents is for applicants, not licensees. ISP appears to not be following the law when they are revoking the licenses of those who move out of state. You may be right. But until you have a court order to make the ISP follow the law... Nothing we (those who moved) can do. so in short... typical Illinois. Link to comment Share on other sites More sharing options...
Molly B. Posted May 1, 2015 at 01:27 AM Share Posted May 1, 2015 at 01:27 AM The disqualification comes in moving to a state that is not one of the four 'substantially similar' states. Link to comment Share on other sites More sharing options...
ChicagoRonin70 Posted May 1, 2015 at 01:36 AM Share Posted May 1, 2015 at 01:36 AM The disqualification comes in moving to a state that is not one of the four 'substantially similar' states. So, by what magical mechanism does the State of Illinois justify saying that mere geography make someone who previously passed all of the requisite background checks, took the required training, and paid the necessary exorbitant fees suddenly lose all of the substantive influences of those qualifications? Is the law meant to be interpreted that individuals who were previously approved and went through all of the necessary steps are made bereft of those things because of distance? The absurdity of that is highlighted by an example of someone who lived in a house on the Illinois side of the border then moved right across the border to the house next door, so about a few feet away. Shazam! They are suddenly unqualified and never did all of those things that made them eligible for a CCL while living literally a step away. Did anyone put it that way to the State of Illinois? I'm sure they must have. Link to comment Share on other sites More sharing options...
Molly B. Posted May 1, 2015 at 01:39 AM Share Posted May 1, 2015 at 01:39 AM Their reasoning is that you could move to a non-substantially similar state tomorrow, voluntarily admit your self for mental health treatment the next day and the state of Illinois would never know because it was not reported. Not saying it's right or that I agree, just saying that is their reasoning. Link to comment Share on other sites More sharing options...
ChicagoRonin70 Posted May 1, 2015 at 02:13 AM Share Posted May 1, 2015 at 02:13 AM Their reasoning is that you could move to a non-substantially similar state tomorrow, voluntarily admit your self for mental health treatment the next day and the state of Illinois would never know because it was not reported. Not saying it's right or that I agree, just saying that is their reasoning. That is . . . the new dumbest thing I have ever heard about Illinois' concealed firearm philosophy. I had no idea that was what the fools in the statehouse actually thought! That you dealt with such idiocy on a regular basis in working to get concealed carry passed, I have no idea how you didn't simply snap and need to be committed. I simply would not be able to restrain myself from pointing out in the most unpleasant and insulting terms possible. I don't have the ability to suffer fools to anywhere near the extent that you do! http://i344.photobucket.com/albums/p335/efernon/Volksrod%20Build/Mad-Props.jpg Link to comment Share on other sites More sharing options...
Molly B. Posted May 1, 2015 at 02:18 AM Share Posted May 1, 2015 at 02:18 AM It hinges on the ISP's interpretation of "substantially similar". Link to comment Share on other sites More sharing options...
spu69 Posted May 1, 2015 at 02:36 AM Share Posted May 1, 2015 at 02:36 AM It hinges on the ISP's interpretation of "substantially similar".that is why that wording must be taken out during the cleanup bill. Sent from my iPhone using Tapatalk 3.1.1, the version before they ruined the app. Link to comment Share on other sites More sharing options...
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