Tvandermyde Posted August 17, 2010 at 02:15 AM Share Posted August 17, 2010 at 02:15 AM 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. http://www.mountainstateslegal.org/images/hr_sky_530.gif Copyright - Mountain States Legal Foundation 1999 [Privacy Statement] 2596 South Lewis WayLakewood, Colorado 80227[View County Map] [View Local Map](303) 292-2021 or By E-mail Link to comment Share on other sites More sharing options...
junglebob Posted August 17, 2010 at 02:37 AM Share Posted August 17, 2010 at 02:37 AM 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. Link to comment Share on other sites More sharing options...
Tvandermyde Posted August 17, 2010 at 02:50 AM Author Share Posted August 17, 2010 at 02:50 AM 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 ((10). Link to comment Share on other sites More sharing options...
Sigma Posted August 17, 2010 at 02:58 AM Share Posted August 17, 2010 at 02:58 AM How many lawsuits can this state, county, and city of chicago afford. Link to comment Share on other sites More sharing options...
Tvandermyde Posted August 17, 2010 at 03:01 AM Author Share Posted August 17, 2010 at 03:01 AM As much as your wallet can handle Link to comment Share on other sites More sharing options...
SFC Stu Posted August 17, 2010 at 03:31 AM Share Posted August 17, 2010 at 03:31 AM As much as your wallet can handle I don't like sueing dumb people, but in the case of Illinois they are just stupid. That's OK! Link to comment Share on other sites More sharing options...
GarandFan Posted August 17, 2010 at 12:52 PM Share Posted August 17, 2010 at 12:52 PM As much as your wallet can handle Sad, but true. As much, at least until enough people rise up and say "enough with the reckless spending to subvert the second amendment." Link to comment Share on other sites More sharing options...
TriumphRider Posted August 17, 2010 at 12:52 PM Share Posted August 17, 2010 at 12:52 PM 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. Link to comment Share on other sites More sharing options...
junglebob Posted August 17, 2010 at 12:59 PM Share Posted August 17, 2010 at 12:59 PM 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 ((10). Since 430 ILCS 65/2 ( (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. Link to comment Share on other sites More sharing options...
Air Commando Posted August 17, 2010 at 03:18 PM Share Posted August 17, 2010 at 03:18 PM 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. Link to comment Share on other sites More sharing options...
lockman Posted August 17, 2010 at 08:02 PM Share Posted August 17, 2010 at 08:02 PM 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. Link to comment Share on other sites More sharing options...
GWBH Posted August 17, 2010 at 08:09 PM Share Posted August 17, 2010 at 08:09 PM 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!! Link to comment Share on other sites More sharing options...
wazzle Posted August 17, 2010 at 08:23 PM Share Posted August 17, 2010 at 08:23 PM 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. Link to comment Share on other sites More sharing options...
Geekybiker Posted August 18, 2010 at 06:09 PM Share Posted August 18, 2010 at 06:09 PM 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. Link to comment Share on other sites More sharing options...
Gbbear Posted August 18, 2010 at 08:17 PM Share Posted August 18, 2010 at 08:17 PM 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. Link to comment Share on other sites More sharing options...
GarandFan Posted August 18, 2010 at 10:48 PM Share Posted August 18, 2010 at 10:48 PM So when someone moves here from say, Alabama, .... Google is my friend. It's your friend, too. Link to comment Share on other sites More sharing options...
jpr9954 Posted August 23, 2010 at 01:06 AM Share Posted August 23, 2010 at 01:06 AM 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 ((10). Since 430 ILCS 65/2 ( (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. Link to comment Share on other sites More sharing options...
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