I am truly surprised nobody has posted this from the ILL State police website ....
1. Overview of the Firearm Owner's Identification Card
What is a Firearm Owner's Identification (FOID) Card?
Who needs a FOID Card?
Unless specifically exempted by statute, any Illinois resident who acquires or possesses firearms, firearm ammunition, tasers or stun guns within the State must have in their possession a valid FOID card issued in his or her name. Non-residents are not required to have a FOID card.
Are there exemptions to the requirement of a FOID Card?
Yes, The FOID Act, 430 ILCS 65/2(
outlines the following exemptions.
- United States Marshals, while engaged in the operation of their official duties.
- Members of the Armed Forces of the United States or the National Guard, while engaged in the operation of their official duties.
- Federal officials required to carry firearms, while engaged in the operation of their official duties.
- Members of bona fide veteran's organizations which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition.
- Nonresident hunters during hunting season, with valid nonresident hunting licenses and while in an area where hunting is permitted.
- Nonresident hunters during hunting season, with valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case.
- Nonresidents while on a firing or shooting range recognized by the Department of State Police.
- Nonresidents while at a firearm showing or display recognized by the Department of State Police.
- Nonresidents whose firearms are unloaded and enclosed in a case.
- Nonresidents who are currently licensed or registered to possess a firearm in their resident state.
- Un-emancipated minors while in the custody and immediate control of their parent or legal guardian and the parent or legal guardian currently has a valid FOID card.
- Color guards of bona fide veteran's organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition.
- Nonresident hunters whose state of residence does not require them to be licensed or registered to possess a firearm and only during hunting season. The nonresident must have a valid hunting license and be accompanied by and be using a firearm owned by, a person who possesses a valid FOID card. This is allowed only while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources.
- Resident hunters who are properly authorized to hunt and, while accompanied by a person who possesses a valid FOID card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled.
- A person who is otherwise eligible to obtain a FOID card under this Act and is under the direct supervision of a FOID card holder who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization.
- Competitive shooting athletes whose competition firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting. The use must be in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
- Law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties.
Agreed with what you are saying. I think, and correct me if I'm wrong, that part of the controversy is that he had it loaded on his person. Which, again unless I'm mistaken, is ok as long as he stays on private property and had the property owner's permission. I think they are trying to ding him for carrying the pistol from his car to the house, claiming that he was committing UUW in the distance from the car to the property line.
It's amazing how hard they'll throw the book at someone without any evil intent, but repeat criminal gang members or illegal gun traffickers like the recent story about the Mount Prospect woman result in slaps on the wrist. These felony laws should take into account intent so that honest and innocent people aren't caught up in them.
My sincere hope is that either he parked on the property's driveway or, if he parked away from the property, that he de-gunned before getting to the property. That way he was never in the wrong and he can sue the pants off of the city for violating his civil rights. If he didn't do one of those two things (and heck, even if he did), my biggest hope though is that he did not talk to the police, he immediately demanded a lawyer, and didn't incriminate himself. Police are not your friends if they are investigating you for any reason you should never talk to them. Treat them like a swarm of bees, useful if doing their jobs properly but a danger to you if they decide to take notice of you personally. I hope he didn't inadvertently talk his way into making their case for them.
Edited by Hazborgufen, 21 April 2017 - 01:26 PM.