fat-tire Posted September 18, 2019 at 03:33 PM Share Posted September 18, 2019 at 03:33 PM I have a friend who's primary resident use to be Illinois and had a FOID card. This individual has since become a permanent resident of Minnesota but has kept his home in Illinois and spends a great deal of time in his secondary home in Illinois. He understands that his IL FOID card is no longer valid since he has become a permanent resident of Minnesota with a Minnesota Drivers License. His question is, can he legally keep a gun in his Illinois home for protection even though his FOID is no longer valid? What say you? Link to comment Share on other sites More sharing options...
Quiet Observer Posted September 18, 2019 at 05:10 PM Share Posted September 18, 2019 at 05:10 PM If he can legally possess a gun in his home state, he can have it here. The FOID Act in (10) below mentions registration or licensure in the home state, so this could be a little gray. If he stayed in his Illinois house for over 60 continuous days, there might be a question of residency. But I see this as no different than having a summer of winter home, or visiting some place for a several weeks. I see no reason to make this complicated with a much of could-be-might-be hypotheticals. “ (430 ILCS 65/2) (from Ch. 38, par. 83-2) Sec. 2. Firearm Owner's Identification Card required; exceptions. (a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act. (2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act. (b ) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to: . . . (10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;. . . (d) Any person who becomes a resident of this State, who is not otherwise prohibited from obtaining, possessing, or using a firearm or firearm ammunition, shall not be required to have a Firearm Owner's Identification Card to possess firearms or firearms ammunition until 60 calendar days after he or she obtains an Illinois driver's license or Illinois Identification Card.” Link to comment Share on other sites More sharing options...
lockman Posted September 18, 2019 at 05:39 PM Share Posted September 18, 2019 at 05:39 PM If the person has a MN license to carry they may also have a firearm loaded and concealed on their person in a motor vehicle or otherwise concealed within the vehicle. Link to comment Share on other sites More sharing options...
Bubbacs Posted September 18, 2019 at 07:55 PM Share Posted September 18, 2019 at 07:55 PM If the person has a MN license to carry they may also have a firearm loaded and concealed on their person in a motor vehicle or otherwise concealed within the vehicle.Not that Illinois has any, but common sense would seem to be that if you can have a handgun in your car, loaded or unloaded, then you could have the same handgun in your property loaded or unloaded! But again, it’s Illinois Link to comment Share on other sites More sharing options...
quackersmacker Posted September 19, 2019 at 01:44 AM Share Posted September 19, 2019 at 01:44 AM In a word, yes. Non-residents in ILLannoy have more rights than ILLannoy residents when it comes to gun rights and the requirements associated therewith. Link to comment Share on other sites More sharing options...
Gamma Posted September 19, 2019 at 02:19 AM Share Posted September 19, 2019 at 02:19 AM Yes he can, and an even stronger case if he has an MN carry permit. Link to comment Share on other sites More sharing options...
quackersmacker Posted September 19, 2019 at 02:27 AM Share Posted September 19, 2019 at 02:27 AM Yes he can, and an even stronger case if he has an MN carry permit.ILLannoy does not recognize or give any weight to a MN permit, but I suppose that as a practical matter a reasonable IL LEO might as a matter of common sense take that into consideration. Link to comment Share on other sites More sharing options...
soundguy Posted September 19, 2019 at 02:40 AM Share Posted September 19, 2019 at 02:40 AM In a word, yes. Non-residents in ILLannoy have more rights than ILLannoy residents when it comes to gun rights and the requirements associated therewith. While non-residents don't need a FOID, they still have to transport firearms in a case and unloaded... and they cannot carry except while in their vehicle with a home state permit or license, or residence (or my house) if they have no permit from home. They have no more rights than we... just one hoop they can't be required to jump through.We are not New York, California, Hawaii or New Jersey. Link to comment Share on other sites More sharing options...
Quiet Observer Posted September 19, 2019 at 02:51 AM Share Posted September 19, 2019 at 02:51 AM Yes he can, and an even stronger case if he has an MN carry permit.ILLannoy does not recognize or give any weight to a MN permit, but I suppose that as a practical matter a reasonable IL LEO might as a matter of common sense take that into consideration. I think that Illinois would view the Minnesota carry permit as a license to possess, as I noted in #2. Of course, Illinois does not recognize it as a right to carry in public. Link to comment Share on other sites More sharing options...
quackersmacker Posted September 19, 2019 at 03:05 AM Share Posted September 19, 2019 at 03:05 AM In a word, yes. Non-residents in ILLannoy have more rights than ILLannoy residents when it comes to gun rights and the requirements associated therewith. While non-residents don't need a FOID, they still have to transport firearms in a case and unloaded... and they cannot carry except while in their vehicle with a home state permit or license, or residence (or my house) if they have no permit from home. They have no more rights than we... just one hoop they can't be required to jump through.We are not New York, California, Hawaii or New Jersey. Link to comment Share on other sites More sharing options...
borgranta Posted September 19, 2019 at 05:43 AM Share Posted September 19, 2019 at 05:43 AM If I remember correctly ILLINOIS law would recognize a carry license as a license to possess for non-residents. Link to comment Share on other sites More sharing options...
fat-tire Posted October 14, 2019 at 03:05 PM Author Share Posted October 14, 2019 at 03:05 PM Thank you for all the replies and great information. My friend does have his MN Concealed Carry License. So, this should bolster his argument to keep firearms in his 2nd home in IL without a FOID. Hopefully he will never encounter a situation where he has to "argue" his position but, it is good to know he is operating with his rights and the law. Link to comment Share on other sites More sharing options...
BigJim Posted October 14, 2019 at 07:54 PM Share Posted October 14, 2019 at 07:54 PM it is good to know he is operating with his rights and the law.Those two things are not the same in Illinois. Link to comment Share on other sites More sharing options...
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