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another lawsuit


Tvandermyde

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http://www.scribd.com/doc/35931100/Mishaga-v-Monken-Complaint

 

Issue:Whether the Second Amendment prohibits a State from denying the right to keep and bear arms to nonresidents?

 

Plaintiff:Ellen Mishaga

 

Defendant:Jonathon E. Monken, Director of the Illinois Department of State Police

 

Court:U.S. District Court for the Central District of Illinois, Springfield Division

 

Status:On July 27, 2010, Ms. Mishaga filed her complaint.

 

Next Event:Responsive pleading by Defendant

 

History:Ellen Mishaga is an Ohio woman who travels frequently to the State of Illinois to visit and to reside in the home of friends; however, under Illinois law she is barred from purchasing or possessing a firearm or ammunition because she does not possess a Firearms Owner Identification Card (FOID). On April 30, 2010, and again on June 14, 2010, Ms. Mishaga's application for a FOID was denied because, "No Illinois driver's license number or state identification number [was] provided."

 

Illinois requires that individuals obtain a FOID before purchasing or possessing a firearm or ammunition in Illinois. Among the requirements for a FOID is that anyone over the age of eighteen provide an Illinois driver's license number or Illinois Identification Card number. Nonresidents are exempt from most FOID Act restrictions when hunting, target shooting, or if "licensed or registered to possess a firearm in their resident state"; however, a nonresident without a FOID cannot otherwise possess a functional firearm.

 

The Illinois Department of State Police must either approve or deny a FOID application within thirty days from receipt and must issue a FOID to persons who qualify. A $10 fee is required to defray administrative costs; a FOID is valid for ten years.

 

Possessing firearms or ammunition without a FOID or with an expired FOID is a misdemeanor, although a second or subsequent violation is a felony. It is also a felony to possess firearms or ammunition if a person is ineligible for a FOID, even if a person possessed a FOID issued before he became ineligible. The FOID Act contains no self-defense exceptions.

 

 

 

 

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Todd, Do you agree with what they stated about a non-resident being barred from possessing a firearm or ammunition without a FOID card? I know you've said "container transport" is legal for a non-resident without a FOID card because the state won't issue to non-residents. Maybe Illinois laws are more screwed up than I thought, it says there is an exemption for hunting or target shooting. How do you get your firearm to where you are going to hunt or target shoot if you are a non-resident if you can't possess it unless hunting or target shooting?

 

Maybe if this lawsuit is won it will be instrumental in ending the need for a FOID card, or they'll start issuing to non-residents and requiring them to have one too.

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I don't thik this lawsuit will end the FOID.

 

The question presented is narrow to where they want to keep a handghun in their home or the home of a friend i.e. their dwelling. Ithink it means we end up gutting a fair chunk of the FOID act with regard to non-residents and there will be a clarification on HB-182.

 

I would argue that 182 protects them from UUW and AGUUW. I would say that if they have a carry permit, then they are exempt under 430 ILCS 65/2 (:thumbsup:(10).

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I think the lawsuit will be tossed out pretty quickly. Illinois State Law says that "Illinois Residents" must have a FOID to purchase/touch/'Look At'(LOLZ) firearms or ammunition in the State. NON-Illinois Residents are not required to have a FOID. Just go to any Gunshow in the State. The vendors will ask if you are an Illnoise Resident/Do you have a FOID. Folks from Missouri just show their Missou State Drivers License and they are gold.

 

The Lawsuit won't stand.

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I don't thik this lawsuit will end the FOID.

 

The question presented is narrow to where they want to keep a handghun in their home or the home of a friend i.e. their dwelling. Ithink it means we end up gutting a fair chunk of the FOID act with regard to non-residents and there will be a clarification on HB-182.

 

I would argue that 182 protects them from UUW and AGUUW. I would say that if they have a carry permit, then they are exempt under 430 ILCS 65/2 (:thumbsup:(10).

 

Since 430 ILCS 65/2 (B) (10) is among the list of FOID exemptions - (10) Nonresidents who are currently licensed or registered to posess a firearm in their resident state. I guess one could say that a resident LTC isn't useless in Illinois. It could keep a non-resident from being arrested for UUW for possessing a firearm in Illinois.

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I think the lawsuit will be tossed out pretty quickly. Illinois State Law says that "Illinois Residents" must have a FOID to purchase/touch/'Look At'(LOLZ) firearms or ammunition in the State. NON-Illinois Residents are not required to have a FOID. Just go to any Gunshow in the State. The vendors will ask if you are an Illnoise Resident/Do you have a FOID. Folks from Missouri just show their Missou State Drivers License and they are gold.

 

The Lawsuit won't stand.

 

I think the issue is she want's to have a loaded firearm for self defense and that reason is not listed in the exemptions - hunting, fishing, target shooting etc.

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Since I'm a Florida resident stationed here I had to buy that damned FOID card so it would be nice for a non-resident stationed here not be required to buy that bogus card.

 

Watch it there AC - that "bogus card" you refer to keeps firearms out of the hands of dangerous criminals... NOT!!

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So when someone moves here from say, Alabama, and their vehicle has current Alabama license plates, and his drivers license is still valid for a year or so, he can't legally own a handgun in Illinois? He can't get a FOID without a valid Illinois drivers license which, technically, he doesn't need until his other expires.
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He can't get a FOID without a valid Illinois drivers license which, technically, he doesn't need until his other expires.

 

Pretty sure you're required to get one in 30 days if you're a resident.

 

From the Sec of State FAQs.

 

I will be working in/moving to Illinois. How do I obtain a driver's license?

Drivers moving to Illinois may use their valid driver's license from their home state or country for 90 days. You may obtain an Illinois driver's license or identification card only if you are becoming a legal resident of Illinois. If you have a valid driver's license from another state or country, you may use it to drive in Illinois throughout your stay (if you do not plan to become a permanent resident of this state). Illinois does not recognize the international driver's license.

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I don't thik this lawsuit will end the FOID.

 

The question presented is narrow to where they want to keep a handghun in their home or the home of a friend i.e. their dwelling. Ithink it means we end up gutting a fair chunk of the FOID act with regard to non-residents and there will be a clarification on HB-182.

 

I would argue that 182 protects them from UUW and AGUUW. I would say that if they have a carry permit, then they are exempt under 430 ILCS 65/2 (B)(10).

 

Since 430 ILCS 65/2 (B) (10) is among the list of FOID exemptions - (10) Nonresidents who are currently licensed or registered to posess a firearm in their resident state. I guess one could say that a resident LTC isn't useless in Illinois. It could keep a non-resident from being arrested for UUW for possessing a firearm in Illinois.

 

From what I understand the State of Ohio does not require any license to possess either a handgun or a longgun unlike states like New York and California. While you and I could argue that, of course, a concealed carry permit is a license to possess - you to have to possess to carry - I don't think a prosecutor or judge would read it that way. From my emails with the attorney bringing this case, I think he does not believe Mrs. Mishaga meets any of the exceptions under 430 ILCS 65/2 to possess a loaded, functional firearm in her friend's home. Given that, she can only possess a firearm that is unloaded and cased.

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