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Clear & Present Danger? Police seize guns. FOID appeal?


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#31 mak474

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Posted 27 August 2018 - 11:46 AM

Any updates Boxxer? 

So unfortunately from experience I can offer you some incite on this process. The Dr. released you and unless you are leaving something out, you were not committed to a mental institution, nor diagnosed with anything more than mere situational depression. If this is the case you need to get a lawyer and fight the case. Being that you have no priors after about 3-4 months (2 or 3 court hearings) a lawyer should be able to get the charges dropped if you agree to attend anger management courses or something of that matter, that will be up to the judge and prosecutor. Upon completion they will drop the charges, then reapply for your FOID. FYI at your first court hearing they will likely try to get you to plead guilty and state that this is the best they will do. DO NOT DO THIS!!! Your going to have to go to a number of court hearings before the prosecutor offers a better deal, eventually the judge will get tired of this case being on his docket and see to it that the prosecutor offers you a more realistic deal. A good deal would be plead guilty to the charge but have it dismissed upon completion of said therapy. But if you take something like this, remember, if you get pulled over for DUI or something that would bring a charge more than a minor traffic violation you will be convicted of this. 

 

I think I sent a paper appeal in w/ a copy of my dismissed charges so they would have no reason to dispute. I got my FOID back within a matter of a month or so. Then was able to go pickup my guns. Also, I couldn't tell if they took your FOID that day or not but if they did, chances are it is at the police department. They never sent mine to ISP nor gave me any paperwork for my firearms being removed from my custody despite me having emailed and asked in person a dozen or more times. 

 

Start to finish, I was without my firearms for 11 long months. But I also began fighting immediately. 



#32 Boxxer

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Posted 17 September 2018 - 10:52 AM

I was not committed nor taken to the hospital involuntarily, I never did inpatient, I was never charged nor arrested nor subject to any judicial action. So I'm bit confused when you say that I will have a court hearing. I appealed to the ISP and had a psychiatrist and therapist write letters on my behalf. I just checked and my FOID is still "revoked." I think my appeal is still sitting on the desk waiting to be reviewed. But even if my appeal succeeds, I don't think I'm eligible for a FOID since I'm no longer an Illinois resident. I actually live in Virginia and work the federal government and I passed my security clearance but I don't have any second amendment rights in Illinois so I cannot get my guns back. My guns are being looked after by a friend who doesn't want to give me until she knows it's legal for me to take possession of them. So I'm still waiting for my appeal to get reviewed. 



#33 Glock23

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Posted 17 September 2018 - 11:40 AM

If you are only Illinois prohibited due to a revoked FOID, and not federally prohibited, it's already legal for her to give them back to you.

Illinois gun laws don't apply to other states.

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#34 Tango7

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Posted 17 September 2018 - 08:52 PM

Send a notarized, certified letter to your FOID possessing friend and the police giving them permission to release the firearms to your friend.
You will not 'rise to the occasion', you will default to your level of training - plan accordingly.

Despite their rallying around us at election time, honoring only 8 hours of Illinois' 40+ hour law enforcement class towards a 16 hour requirement shows the contempt that our elected officials hold us in.

#35 Boxxer

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Posted 18 September 2018 - 05:39 AM

If you are only Illinois prohibited due to a revoked FOID, and not federally prohibited, it's already legal for her to give them back to you.
Illinois gun laws don't apply to other states.


If my FOID is revoked, then my 2nd amendment right is revoked too but only in Illinois so it would be illegal for me to take custody of my guns. Yet I need to find out if a nonresident doesn't need to FOID to get a gun in Illinois, where does that leave me?

#36 Boxxer

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Posted 18 September 2018 - 05:44 AM

Send a notarized, certified letter to your FOID possessing friend and the police giving them permission to release the firearms to your friend.


Actually my friend already has them. We transfered them to her back in February. But she's a nervous old lady who's worried about getting into trouble. Her concern is: if it's not legal for me to have a gun in illinois, then she won't give them back to me since her FOID number is on the transfer form.

#37 InTheAir

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Posted 18 September 2018 - 06:34 AM

Just a thought; I know there is cost involved, but maybe have her transfer them to you through an FFL.

Edited by InTheAir, 18 September 2018 - 06:35 AM.

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#38 Glock23

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Posted 18 September 2018 - 06:35 AM

If my FOID is revoked, then my 2nd amendment right is revoked too but only in Illinois so it would be illegal for me to take custody of my guns. Yet I need to find out if a nonresident doesn't need to FOID to get a gun in Illinois, where does that leave me?


It is perfectly legal for a nonresident to buy a gun here without a FOID card... happens at gun shows all the time.


Actually my friend already has them. We transfered them to her back in February. But she's a nervous old lady who's worried about getting into trouble. Her concern is: if it's not legal for me to have a gun in illinois, then she won't give them back to me since her FOID number is on the transfer form.

There is no requirement for her FOID number to be documented anywhere, nor is it a requirement that private transfers use the form provided by the ISP.

IIRC, all interstate transfers need to go through an FFL, and handguns must be received in the purchaser's state. All she needs to do is take your guns to an FFL in Illinois who then transfers them to an FFL in your state where you take possession of them.

Or, if all you have is long guns, you can do the transfer face to face at an FFL in Illinois.

Nothing about Illinois' FOID law applies to you anymore, that's all she needs to know.

Edited by Glock23, 18 September 2018 - 06:36 AM.

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#39 Euler

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Posted 18 September 2018 - 12:13 PM

It's not a transfer if you already own them.

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#40 Glock23

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Posted 18 September 2018 - 01:22 PM

It's not a transfer if you already own them.

If they were transferred to her, technically she owns them. Was transfer paperwork done for the firearms?

Different story if they were just released into her custody. In that case, she just needs to give them back.

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#41 mak474

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Posted 27 September 2018 - 06:58 AM

I don't understand how your FOID was even revoked in the first place if you were never charged of a crime or admitted to the hospital for an extended duration. But your out of Illinois jurisdiction now so that doesn't matter anymore. I agree with Glock23, if paperwork was filed transferring each firearm (make, model, serial #) from Boxxer to his friend then technically she owns them now. If paperwork was never done then they are property of Boxxer and since he is no longer bound by Illinois law to have a FOID card he may take them to his new state of residence. If paperwork was done unfortunately you will have to go through an FFL transfer. It sounds like doing an FFL transfer may be the only way your friend will be willing to release them anyway. Be happy they released them to a friend, most Judges and Law Enforcement will only release them to family members in the state of IL with a valid FOID.

 

If I were in your case I would attempt to clear it up w/ your neighbor and yourself on the phone with the ISP. If that didn't work I'd pursue the FFL transfer option, pay the fees and get your property back. 






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