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Anyone moving to Illinois while owning a firearm, legally?


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#1 Xwing

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Posted 09 July 2010 - 03:49 PM

Quincy's question reminds me of a legal conundrum; I'm curious if anyone here has the correct answer.

How does someone who owns guns legally in their own state be able to move fully to Illinois? Once they apply for their Drivers License, don't they become immediately an Illinois Resident? Don't they need to be an Illinois Resident to apply for a FOID? And if so, aren't they instantly illegal from the day they send in their FOID app until the day (sometimes 2 months later) when it's approved? How could someone legally store their firearms in the meantime?

I can't imagine how hard it would be to legally ship all the firearms back to their home state, find and pay for legal storage for them in this other state while they wait on the FOID, and then pay to legally ship them all (through a FFL both ways?) back. This would cost several thousand dollars to anyone with a few guns. Just curious if anyone else has ever dealt with this…

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#2 GarandFan

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Posted 09 July 2010 - 04:05 PM

You move to IL, bringing your guns. Within 90 days, you get your DL. Then you get your FOID.

I guess you are talking about the time between when you get your DL and when you get your FOID? It's one of those grey areas, I guess. The correct answer is that EVERY gun owner who moves to IL faces this, and it just doesn't matter. I don't know if there is a grace period, or what.


But have you EVER heard of anyone having problems with that? If not, then it's not a problem (unless someone has far too little to worry about).
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#3 Bitter

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Posted 09 July 2010 - 05:46 PM

You are correct that you are an immediate felon once getting your IL driver's license.

I just made the move back and had to have my wife get a FOID (she already had an IL drivers license), by the end of the month I need to surrender my Mo. license and ccw permit, then I will get an IL drivers license and FOID.

So pretty much, you need to give your guns to someone during the wait for your FOID to be legal. I am of the strong belief that this is one of the best constitutional arguments against the FOID as it violates Art. IV Priv & Immunities fundamental right to travel.
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#4 moparcardave

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Posted 09 July 2010 - 06:13 PM

Nice to have crossed the state line into a free state and looks like Illinois may be a thing of the past for us.
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#5 GarandFan

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Posted 09 July 2010 - 06:24 PM

... by the end of the month I need to surrender my Mo. license and ccw permit, then I will get an IL drivers license and FOID.


So I guess you will need to get a UT, PA, or FL permission to carry? It's sad, isn't it. But it will be that way, I am afraid, until we get national reciprocity measures in place.

In this day and age ... "second amendment protects a fundamental right to possess and carry weapons in case of confrontation" ... I sometimes wonder why anyone even bothers with the permits and state laws anymore.
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#6 Bud

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Posted 09 July 2010 - 08:06 PM

... by the end of the month I need to surrender my Mo. license and ccw permit, then I will get an IL drivers license and FOID.


So I guess you will need to get a UT, PA, or FL permission to carry? It's sad, isn't it. But it will be that way, I am afraid, until we get national reciprocity measures in place.

In this day and age ... "second amendment protects a fundamental right to possess and carry weapons in case of confrontation" ... I sometimes wonder why anyone even bothers with the permits and state laws anymore.


All we have to do is get LTC passed and then set up reciprocity with the other States.

I think Illinois will require some form of training which virtually guarantees Florida and all the states they have agreements with and if the training ir equel to what is required in Utah, then we will have all those states.

But, there is a good chance that Utah is going to get rid of concealed carry permits all together as have Alaska, Arizona and Vermont. I think that bill is already in their legislature.
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#7 Nomad

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Posted 10 July 2010 - 12:39 AM

All we have to do is get LTC passed and then set up reciprocity with the other States.

I think Illinois will require some form of training which virtually guarantees Florida and all the states they have agreements with and if the training ir equel to what is required in Utah, then we will have all those states.

But, there is a good chance that Utah is going to get rid of concealed carry permits all together as have Alaska, Arizona and Vermont. I think that bill is already in their legislature.

Here's what I'm worried about. California and New York are "may issue" carry states. I doubt they give permits to those in Los Angeles and New York City. If they do, it's probably rare as all heck. I'm worried that if Illinois ever finally becomes a carry state, Chicago citizens won't ever get one.

This is why I never consider "may issue" states as valid carry states when it comes to counting them because the right is restricted. Only "shall issue" states should be counted, in my opinion, since a law-abiding citizen cannot be denied in those states. I mean, from a fundamental point of view, how can a right be denied in the first place?

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#8 Bitter

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Posted 10 July 2010 - 07:43 AM

... by the end of the month I need to surrender my Mo. license and ccw permit, then I will get an IL drivers license and FOID.


So I guess you will need to get a UT, PA, or FL permission to carry? It's sad, isn't it. But it will be that way, I am afraid, until we get national reciprocity measures in place.



Yeah, I just recently got my PA permit. I was hoping to qualify for a Florida as well because Mo. has a training requirement and I have all my certificates, but unfortunately my instructor was certified by the state of Missouri rather than the NRA.
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#9 abolt243

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Posted 10 July 2010 - 08:22 AM

Here's what I'm worried about. California and New York are "may issue" carry states. I doubt they give permits to those in Los Angeles and New York City. If they do, it's probably rare as all heck. I'm worried that if Illinois ever finally becomes a carry state, Chicago citizens won't ever get one.


Only if the bill is passed with 60/30 votes as a non-pre-emptive bill. If it is ruled that it over rules Home Rule and that it must recieve 71/36 votes and it does, then it will over rule Chicago's Home Rule power.

That's why it's so important that Chicago residents elect legislators that are supportive of our cause. To guarantee a RTC that pre-empts home rule, we must have 71 votes in the House and 36 votes in the Senate.

The focus right now is on a pre-emptive bill that is effective throughout the state. Along with that, you may see a push for pre-emptive transportation laws too. But, without support from Chicago residents and the Chicago legislative support that would follow that, state-wide pre-emption might not be possible.

Some "May Issue" states are more lenient than others. Some are listed as May Issue and in practice issue like a "Shall Issue".

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#10 Xwing

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Posted 10 July 2010 - 04:23 PM

But have you EVER heard of anyone having problems with that? If not, then it's not a problem (unless someone has far too little to worry about).

My worry is that some good citizen will inadvertently get a felony rap for doing something that should be not only legal, but a non-issue. I'm just curious if anyone had any insight that maybe there was a way for someone to legally move to Illinois who owned a firearm. (not everyone is lucky enough to have a 2nd home / close friends out-of-state or a significant other's support) Sounds like there isn't. I find that more than a little worrisome.

You are correct that you are an immediate felon once getting your IL driver's license.

See, that's my (amateur) take on the law-as-written too. Just seems it would be a good thing worth pushing for as a fix in the legislature as a short-term goal. Of course the long-term goal is getting rid of the anti-2nd-amendment FOID altogether.

Glad your wife was willing and able to help you navigate these treacherous gun law waters!

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#11 glock29

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Posted 31 July 2010 - 07:38 PM

... by the end of the month I need to surrender my Mo. license and ccw permit, then I will get an IL drivers license and FOID.


So I guess you will need to get a UT, PA, or FL permission to carry? It's sad, isn't it. But it will be that way, I am afraid, until we get national reciprocity measures in place.

In this day and age ... "second amendment protects a fundamental right to possess and carry weapons in case of confrontation" ... I sometimes wonder why anyone even bothers with the permits and state laws anymore.


All we have to do is get LTC passed and then set up reciprocity with the other States.

I think Illinois will require some form of training which virtually guarantees Florida and all the states they have agreements with and if the training ir equel to what is required in Utah, then we will have all those states.

But, there is a good chance that Utah is going to get rid of concealed carry permits all together as have Alaska, Arizona and Vermont. I think that bill is already in their legislature.

GEORGIA DOES NOT REQUIRE ANY TRAINING, YET WE STILL HAVE A GOOD AMOUNT OF RECIPROCITY STATES. BEWARE OF THAT TRAINING REQIREMENT, IT COULD COST YOU DEARLY. A DD214 OR A HUNTER SAFETY CARD WILL DO IN FLORIDA.
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#12 glock29

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Posted 31 July 2010 - 07:43 PM

Quincy's question reminds me of a legal conundrum; I'm curious if anyone here has the correct answer.

How does someone who owns guns legally in their own state be able to move fully to Illinois? Once they apply for their Drivers License, don't they become immediately an Illinois Resident? Don't they need to be an Illinois Resident to apply for a FOID? And if so, aren't they instantly illegal from the day they send in their FOID app until the day (sometimes 2 months later) when it's approved? How could someone legally store their firearms in the meantime?

I can't imagine how hard it would be to legally ship all the firearms back to their home state, find and pay for legal storage for them in this other state while they wait on the FOID, and then pay to legally ship them all (through a FFL both ways?) back. This would cost several thousand dollars to anyone with a few guns. Just curious if anyone else has ever dealt with this…

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#13 RandyP

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Posted 31 July 2010 - 11:19 PM

Until a person has the FOID, most local indoor ranges won't let them on the firing line, though some will if they are with an FOID holder.

Hypothetically there is always the 'don't ask, don't tell' approach to this issue? Once a hypothetical new resident settled in, they 'could' just leave their guns locked up at home till the FOID arrives. I can't speak for all folks in this goofy State, but neither I nor any of my family or friends have ever had a surprise search of our premises to see if we had firearms. I'd bet a nickel that hypothetical person won't either?

But everyone must decide for themselves their personal level of compliance with all laws and ordinances in whatever jurisdition they reside and I would NEVER suggest that anyone break or disregard any laws on the books, gun laws included. Hypothetically or in reality.

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#14 Ashrak

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Posted 01 August 2010 - 09:27 AM

I would offer that formal Incorporation presents a reciprocity of its own - one that puts all 50 states on an equal footing, as they must all respect, protect and defend the right to keep and bear.
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#15 lockman

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Posted 01 August 2010 - 09:40 AM

You are correct that you are an immediate felon once getting your IL driver's license.

I just made the move back and had to have my wife get a FOID (she already had an IL drivers license), by the end of the month I need to surrender my Mo. license and ccw permit, then I will get an IL drivers license and FOID.

So pretty much, you need to give your guns to someone during the wait for your FOID to be legal. I am of the strong belief that this is one of the best constitutional arguments against the FOID as it violates Art. IV Priv & Immunities fundamental right to travel.


Not really.

The FOID timetable would start ticking after you become a legal resident not when you step foot in the state. There is a legal definition for legal resident and until that threshold is crossed the state can not mandate requirements upon you as a resident. If Illinois considers you a resident the moment you take possession of an IL DL or ID then your grace period for the FOID begins there not when you "moved-in". Until the permanent resident status takes hold you are just a visitor. If enforced any other way then the Equal protection or P&I provisions would be violated.

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#16 junglebob

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Posted 01 August 2010 - 03:33 PM

... by the end of the month I need to surrender my Mo. license and ccw permit, then I will get an IL drivers license and FOID.


So I guess you will need to get a UT, PA, or FL permission to carry? It's sad, isn't it. But it will be that way, I am afraid, until we get national reciprocity measures in place.

In this day and age ... "second amendment protects a fundamental right to possess and carry weapons in case of confrontation" ... I sometimes wonder why anyone even bothers with the permits and state laws anymore.


All we have to do is get LTC passed and then set up reciprocity with the other States.

I think Illinois will require some form of training which virtually guarantees Florida and all the states they have agreements with and if the training ir equel to what is required in Utah, then we will have all those states.

But, there is a good chance that Utah is going to get rid of concealed carry permits all together as have Alaska, Arizona and Vermont. I think that bill is already in their legislature.

Alaska has not done away with their carry permits, don't know about Arizona. You don't need one to carry in Alaska, but residents get it so they can carry in other states, on a resident LTC. I hope Utah does this if they follow Alaska, Arizona, and Vermont in not requiring a LTC in their state. I'd like to be able to renew my Utah LTC.

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#17 Bitter

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Posted 02 August 2010 - 05:20 PM

You are correct that you are an immediate felon once getting your IL driver's license.

I just made the move back and had to have my wife get a FOID (she already had an IL drivers license), by the end of the month I need to surrender my Mo. license and ccw permit, then I will get an IL drivers license and FOID.

So pretty much, you need to give your guns to someone during the wait for your FOID to be legal. I am of the strong belief that this is one of the best constitutional arguments against the FOID as it violates Art. IV Priv & Immunities fundamental right to travel.


Not really.

The FOID timetable would start ticking after you become a legal resident not when you step foot in the state. There is a legal definition for legal resident and until that threshold is crossed the state can not mandate requirements upon you as a resident. If Illinois considers you a resident the moment you take possession of an IL DL or ID then your grace period for the FOID begins there not when you "moved-in". Until the permanent resident status takes hold you are just a visitor. If enforced any other way then the Equal protection or P&I provisions would be violated.


Please cite authority showing that Illinois does not consider someone a "resident" for FOID purposes for some period of time. Generally, a legal domicile is established as soon as one is present in the state with the subjective intent to remain. While you still have a foreign driver's license it will be pretty difficult for the state to argue that you intend to remain indefinitely. Once you surrender your old license and get an Illinois license, you have no statutory authority to stand on that I am aware of that would support your contention that Illinois does not consider you a legal resident for purposes of FOID.

Maybe there is authority out there that I am not aware of. Please cite it.

Technically you can be a "resident" even before getting an IL driver's license, as evidenced by the Illinois requirement that one obtain an Illinois driver's license within 90 days of becoming a resident. I have found nothing to suggest that Illinois defines residency in any way other than the federal standard used in determining domicile for the purpose of diversity jurisdiction. You can't get a FOID until you have a driver's license or state issued ID, and they will not give you that until you are a resident, so I see no way that one can move to the state with guns and be legal. At some point you have to get a DL. You must be a resident to get a DL. A resident without a FOID is a felon.
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#18 junglebob

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Posted 03 August 2010 - 11:43 AM

You are correct that you are an immediate felon once getting your IL driver's license.

I just made the move back and had to have my wife get a FOID (she already had an IL drivers license), by the end of the month I need to surrender my Mo. license and ccw permit, then I will get an IL drivers license and FOID.

So pretty much, you need to give your guns to someone during the wait for your FOID to be legal. I am of the strong belief that this is one of the best constitutional arguments against the FOID as it violates Art. IV Priv & Immunities fundamental right to travel.


Not really.

The FOID timetable would start ticking after you become a legal resident not when you step foot in the state. There is a legal definition for legal resident and until that threshold is crossed the state can not mandate requirements upon you as a resident. If Illinois considers you a resident the moment you take possession of an IL DL or ID then your grace period for the FOID begins there not when you "moved-in". Until the permanent resident status takes hold you are just a visitor. If enforced any other way then the Equal protection or P&I provisions would be violated.


Please cite authority showing that Illinois does not consider someone a "resident" for FOID purposes for some period of time. Generally, a legal domicile is established as soon as one is present in the state with the subjective intent to remain. While you still have a foreign driver's license it will be pretty difficult for the state to argue that you intend to remain indefinitely. Once you surrender your old license and get an Illinois license, you have no statutory authority to stand on that I am aware of that would support your contention that Illinois does not consider you a legal resident for purposes of FOID.

Maybe there is authority out there that I am not aware of. Please cite it.

Technically you can be a "resident" even before getting an IL driver's license, as evidenced by the Illinois requirement that one obtain an Illinois driver's license within 90 days of becoming a resident. I have found nothing to suggest that Illinois defines residency in any way other than the federal standard used in determining domicile for the purpose of diversity jurisdiction. You can't get a FOID until you have a driver's license or state issued ID, and they will not give you that until you are a resident, so I see no way that one can move to the state with guns and be legal. At some point you have to get a DL. You must be a resident to get a DL. A resident without a FOID is a felon.

It would be interesting if someone moving to Illinois with firearm wrote to the Attorney General and asked how they could become a resident without breaking Illinois law regarding the FOID card requirement.

Disarming the people (is) the best and most effectual way to enslave them. George Mason

Though defensive violence will always be a sad necessity in the eyes of men of principle, it would be still more unfortunate if wrong doers should dominate just men.  -  Augustine

Three school masacres have been stopped by civilians with firearms. Two with handguns and the third by a guy with a shotgun. (Pearl, Ms; Appalacian School of Law; Edinboro,Pa)


#19 Xwing

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Posted 06 August 2010 - 01:16 PM

It would be interesting if someone moving to Illinois with firearm wrote to the Attorney General and asked how they could become a resident without breaking Illinois law regarding the FOID card requirement.



But with our current AG, the answer would be "You can't. Leave your evil guns in another state. You are now entering the Socialist Republic of Illinois."

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