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What if your FOID expires and you don't renew?


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#1 clamzo

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Posted 23 January 2012 - 07:53 AM

Assuming you are a gun owner:

What if your FOID expires and you don't renew?
or you move here from out of state and never apply for one?

#2 Bud

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Posted 23 January 2012 - 07:57 AM

Assuming you are a gun owner:

What if your FOID expires and you don't renew?
or you move here from out of state and never apply for one?


Then you are violating Illinois law and can be arrested, charged, convicted, fined, sentenced to jail and lose your right to own firearms for the rest of your life.

Other than that, not much

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#3 RandyP

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Posted 23 January 2012 - 08:31 AM

I think most all firearms forums 100% support responsible gun ownership. Breaking gun laws takes a person out of that category IMHO.

#4 clamzo

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Posted 23 January 2012 - 10:06 AM

Thank you.

I didn't know if it was like owning a car without a driver's license or...

Don't worry, I'm legal :rolleyes:

#5 Bud

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Posted 23 January 2012 - 10:34 AM

Thank you.

I didn't know if it was like owning a car without a driver's license or...

Don't worry, I'm legal Posted Image



In this State, it's like having oxycodone without a prescription

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#6 Joeyl

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Posted 23 January 2012 - 10:59 AM


Thank you.

I didn't know if it was like owning a car without a driver's license or...

Don't worry, I'm legal Posted Image



In this State, it's like having oxycodone without a prescription


And in some counties the States Attorney may spend more time prosecuting you than a career thug with a long criminal record.

#7 FST_Kent

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Posted 23 January 2012 - 12:00 PM

Did Uncle Mel have a current FOID when he got his amnesty for not re-registering his guns with the city? I can't find if he did or didn't in the ocuple of old articles I looked at, but I'm willing to bet if he didn't possess a valid FOID, he did within few days.

#8 moparcardave

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Posted 23 January 2012 - 12:32 PM

Did Uncle Mel have a current FOID when he got his amnesty for not re-registering his guns with the city? I can't find if he did or didn't in the ocuple of old articles I looked at, but I'm willing to bet if he didn't possess a valid FOID, he did within few days.

If memory serves me right didn't he get a 30 or 90 day extension to get one? I know there was something funny, that or a bye on ordinance violation. I wish I could recall.
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#9 ishmo

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Posted 23 January 2012 - 01:39 PM


Did Uncle Mel have a current FOID when he got his amnesty for not re-registering his guns with the city? I can't find if he did or didn't in the ocuple of old articles I looked at, but I'm willing to bet if he didn't possess a valid FOID, he did within few days.

If memory serves me right didn't he get a 30 or 90 day extension to get one? I know there was something funny, that or a bye on ordinance violation. I wish I could recall.

It was back in '07. He forgot to register his weapons collection and got Daley and the City Council to go along with an amnesty that he claimed would help thousands of Chicago gun owners. In reality it helped him and a couple of dozen others.

Ald. Richard Mell got a City Council committee to approve a change to a Chicago law on his behalf Wednesday, but argued it would benefit thousands of other city residents who, like him, simply failed to renew their gun licenses.

"It was probably good I didn't [renew], because there are an awful lot of other citizens" who had the same problem, Mell (33rd) said after the Police and Fire Committee approved an amendment to the gun registration ordinance. The change would allow those whose registration lapsed to renew at a slightly higher fee.

Re-registration of the guns would have to occur within 4 months of passage of the ordinance by the full City Council, which could come as soon as next Wednesday.

Mell, a hunter and gun collector, sought the change after he forgot to renew his registrations and was told he could not do so because the deadline had passed.

The alderman said Wednesday Tuesday he was "inundated" with calls from "law-abiding citizens" in the same predicament. Former Illinois Atty. General Roland Burris called him to say he was storing a gun in Decatur because he forgot to renew his registration, Mell said. The engraved shotgun was given to Burris by Illinois State Police when Burris left office, the alderman added.

Link

Edited by ishmo, 23 January 2012 - 01:40 PM.


#10 oneshot

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Posted 23 January 2012 - 02:01 PM

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#11 lockman

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Posted 23 January 2012 - 02:46 PM

Assuming you are a gun owner:

What if your FOID expires and you don't renew?
or you move here from out of state and never apply for one?


It went from a non-crime to a potential felony by the removal of the words "previously issued" from the statute. But that was the previous decade.
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#12 BobS

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Posted 23 January 2012 - 03:13 PM

What happens if you are a FOID holder that has a firearm in the home but your spouse isn't a FOID holder, you aren't home and they are???

#13 RandyP

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Posted 23 January 2012 - 03:15 PM

IMHO what happens is you get her a FOID card?

#14 BobS

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Posted 23 January 2012 - 03:17 PM

IMHO what happens is you get her a FOID card?


Iím working on that but itís doesnít really answer my question?

#15 Bud

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Posted 23 January 2012 - 03:21 PM

What happens if you are a FOID holder that has a firearm in the home but your spouse isn't a FOID holder, you aren't home and they are???



I don't think there is a test case for that but my best guess is that would not be a good ending if (for some reason) the police got involved.

I frequently have that problem with my wife so I made (begged, pleaded, whined, threatened to hold my breath at the top of the stairs until I turned blue and passed out) her get one.

I am the lord and master of my home

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#16 billzfx4

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Posted 23 January 2012 - 03:29 PM

I had no problem getting my wife a FOID.
My problem now is that every trip to the range requires twice as much ammo, since I can't sneak out alone anymore. :console:
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#17 papa

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Posted 23 January 2012 - 03:51 PM

My wife has had her own FOID card for many years now. I told her it just made sense for her to have one.

If she were to make a trip to town and I ( we ) needed ammo , she could go ahead and get it. I wouldn't have to make an extra trip. :console:

#18 Grey Beret

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Posted 23 January 2012 - 03:55 PM

What happens if you are a FOID holder that has a firearm in the home but your spouse isn't a FOID holder, you aren't home and they are???

As always, I think it would depend on where you are, who you are, and the attitude of the responding police officer. That said, the results would be as others have described I think. There is one thing that might (I repeat "might") make a difference and that would be whether or not she had access to the firearms and their ammunition. Were they in a safe or other locked container that she could not access? At that point, it could be argued that she was not actually in possession of them and would probably result in a positive outcome at the trial. But there is the 800 pound gorilla that we often forget about. No matter what we do or how we do it, it could very easily become necessary for us to spend the time, money and sleep if the authorities insist on pursuing the matter in court. Even if you prove yourself to be in the clear, you will have spend the time, energy, and money in the process.

#19 Buckfarrack

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Posted 23 January 2012 - 04:49 PM

Assuming you are a gun owner:

What if your FOID expires and you don't renew?
or you move here from out of state and never apply for one?

They're telling you the truth although i did let mine expire for over a year, a few years ago.I called the ISP and explained to them,filled out the app,and they sent me a new card surprisingly quick.

Back in the 80's i drove up here(IL)from Texas on vacation for a week to see family.After about four days in the Champaign-Urbana area my Dad said son,you better get that rifle off that gun rack in the rear window of your pickup.heck,we went to the mall,went out for drinks at the RoseBowl....I WAS LUCKY! That was a stupid mistake but back then coming from Texas,we didn't even worry about any gun laws while transporting in your vehicle since you could even drink a beer driving down the road.

Edited by Buckfarrack, 23 January 2012 - 05:01 PM.

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#20 Ron

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Posted 23 January 2012 - 06:56 PM

Assuming you are a gun owner:

What if your FOID expires and you don't renew?
or you move here from out of state and never apply for one?


If caught transporting or carrying a firearm without a FOID card, it's a class 4 felony under per 720 ILCS 5/24-1(a)(4).

Now what is interesting, the statute says:

(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii)are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card



So this raises a couple of questions for me unless I'm missing something (and assuming one is eligible for a FOID card):

1. Can one possess a functioning firearm without a FOID on their own property? (getting a firearm there is another story - and not Chicago) Seems like one can.

2. The transportation seems vague - can one carry a broken down weapon in a non-functioning state without a FOID? Seems like one can.

3. Not immediately accessible without a FOID? Dunno......

A bit confusing but I would never put myself in a position to become a test case so I keep my FOID current.

Edited by Ron, 23 January 2012 - 07:10 PM.


#21 Indigo

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Posted 23 January 2012 - 07:17 PM


What happens if you are a FOID holder that has a firearm in the home but your spouse isn't a FOID holder, you aren't home and they are???

As always, I think it would depend on where you are, who you are, and the attitude of the responding police officer. That said, the results would be as others have described I think. There is one thing that might (I repeat "might") make a difference and that would be whether or not she had access to the firearms and their ammunition. Were they in a safe or other locked container that she could not access? At that point, it could be argued that she was not actually in possession of them and would probably result in a positive outcome at the trial. But there is the 800 pound gorilla that we often forget about. No matter what we do or how we do it, it could very easily become necessary for us to spend the time, money and sleep if the authorities insist on pursuing the matter in court. Even if you prove yourself to be in the clear, you will have spend the time, energy, and money in the process.


Here in Chicago, you have always had the possibility of the joint ISP-CPD gun task force knocking on your door and confiscating your firearms. Chicago requires all firearms to be registered with the city, which provides a handy, dandy database which they can periodically crosscheck with the FOID database. If you are in the City's file, but your FOID has expired, guess what? At the minimum, your firearms are taken.
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#22 pyre400

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Posted 23 January 2012 - 07:23 PM

Hopefully, by the time mine is up for renewal again, we will have finally done away with the foid.

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#23 JackTripper

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Posted 23 January 2012 - 07:24 PM

Here in Chicago, you have always had the possibility of the joint ISP-CPD gun task force knocking on your door and confiscating your firearms. Chicago requires all firearms to be registered with the city, which provides a handy, dandy database which they can periodically crosscheck with the FOID database. If you are in the City's file, but your FOID has expired, guess what? At the minimum, your firearms are taken.


I have "heard" this before, but no one is able to cite an actual case where this sort of thing has ever happened.

Are you able to provide one?
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#24 abolt243

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Posted 23 January 2012 - 08:10 PM


Assuming you are a gun owner:

What if your FOID expires and you don't renew?
or you move here from out of state and never apply for one?


If caught transporting or carrying a firearm without a FOID card, it's a class 4 felony under per 720 ILCS 5/24-1(a)(4).

Now what is interesting, the statute says:

(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii)are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card



So this raises a couple of questions for me unless I'm missing something (and assuming one is eligible for a FOID card):

1. Can one possess a functioning firearm without a FOID on their own property? (getting a firearm there is another story - and not Chicago) Seems like one can.

2. The transportation seems vague - can one carry a broken down weapon in a non-functioning state without a FOID? Seems like one can.

3. Not immediately accessible without a FOID? Dunno......

A bit confusing but I would never put myself in a position to become a test case so I keep my FOID current.


The FOID statute says:
(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.

If your house or vehicle is within the state of Illinois, and you're a resident of Illinois, you'd better have a FOID card. Unless your gun is not immeadiately accessible because it's in Missouri, you'd better have a FOID card.
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#25 Ron

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Posted 23 January 2012 - 08:25 PM



Assuming you are a gun owner:

What if your FOID expires and you don't renew?
or you move here from out of state and never apply for one?


If caught transporting or carrying a firearm without a FOID card, it's a class 4 felony under per 720 ILCS 5/24-1(a)(4).

Now what is interesting, the statute says:

(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii)are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card



So this raises a couple of questions for me unless I'm missing something (and assuming one is eligible for a FOID card):

1. Can one possess a functioning firearm without a FOID on their own property? (getting a firearm there is another story - and not Chicago) Seems like one can.

2. The transportation seems vague - can one carry a broken down weapon in a non-functioning state without a FOID? Seems like one can.

3. Not immediately accessible without a FOID? Dunno......

A bit confusing but I would never put myself in a position to become a test case so I keep my FOID current.


The FOID statute says:
(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.

If your house or vehicle is within the state of Illinois, and you're a resident of Illinois, you'd better have a FOID card. Unless your gun is not immeadiately accessible because it's in Missouri, you'd better have a FOID card.


I think I get it now - a person would not violate UUW if on their own property w/o a FOID; they would be in violation of the FOID act which is a lesser penalty (along with a bunch of other probable grief). Go off the property and UUW also kicks in.

Edited by Ron, 23 January 2012 - 08:29 PM.


#26 Bud

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Posted 23 January 2012 - 08:29 PM


Here in Chicago, you have always had the possibility of the joint ISP-CPD gun task force knocking on your door and confiscating your firearms. Chicago requires all firearms to be registered with the city, which provides a handy, dandy database which they can periodically crosscheck with the FOID database. If you are in the City's file, but your FOID has expired, guess what? At the minimum, your firearms are taken.


I have "heard" this before, but no one is able to cite an actual case where this sort of thing has ever happened.

Are you able to provide one?


Thge Chicago PD-ISP tGun task force is real enough. They have been involved in stings where they have answered for sale ads for pistols and made arrests for failure to to do the 72 hour wait, failure to verify FOIDs, etc.

Don't think for a moment that the Gun Task force is some mythical bogeyman.

Here's a link to their monthly membership meeting in 2010

ISP-Chicago PD Gun Task Force

The Task Force is actually called CAGE or Chicago Anti-Gun Enforcement

Here's a clipping from the ISRA magazine from 2004:

Chicago Anti Gun Enforcement (CAGE) unit. This elite squad, operated jointly by the Illinois State Police, the Chicago Police Department, and the Cook County State's Attorney's Office, supposedly exists to identify illegal gunrunners. However, information gained by the ISRA makes it clear that the CAGE unit is targeting law-abiding citizens, not criminal gunrunners.
The Chicago Police Department and the Illinois State Police have teamed up to make good on Mayor Daley's pledge that, if it were up to him, nobody would have a gun. Daley and his elite "CAGE" unit are apparently taking advantage of gun privacy loopholes to pinpoint certain individuals for inclusion in the confiscation program.

The ISRA is following up on leads in one case that has disturbing implications. An elderly first-generation Chicago resident was recently paid a visit by an Illinois State Police trooper. After asking to come inside the man's home, the trooper asked if the man owned a gun - to which he replied yes. The trooper then directed the individual to surrender the firearm. The man complied with the officer's demand and the trooper left with the gun. And the story gets better...

The gun in question was purchased legally by the man in the 1970s shortly after he became a U.S. citizen. When Chicago's infamous gun registration scheme went into effect in the early 1980s, the man registered the firearm as per the requirement. However, over the years, the fellow apparently forgot to re-register the firearm, and forgot to renew his Illinois FOID Card.

So...what does this all mean?

In the last edition of The Illinois Shooter, we reported on the activities of a shady taskforce known as the Chicago Anti Gun Enforcement (CAGE) unit. This elite squad, operated jointly by the Illinois State Police, the Chicago Police Department, and the Cook County State's Attorney's Office, supposedly exists to identify illegal gunrunners. However, information gained by the ISRA makes it clear that the CAGE unit is targeting law-abiding citizens, not criminal gunrunners.

Thanks to a ruling by a liberal federal judge, the CAGE unit now has the name of every single person in the United States who, since 1992, lawfully purchased more than one handgun in the period of a week. The CAGE unit also has all the makes, models and serial numbers of those guns. In essence, the Chicago Police Department is now registering guns and gun owners nationwide.

The ISRA has also learned that the CAGE unit has compiled a list of families where more than one person in that family holds a FOID card. Acting on that information, the CAGE unit is now contacting gun shops where those families have shopped, and is illegally registering all guns purchased by those families.

Now, it appears that the CAGE unit is scrubbing Chicago's gun registration list against the list of FOID card holders. Indications are that folks who have let their registrations and FOIDs lapse will have their guns confiscated. We have to wonder how long it will be until state troopers show up at the doors to confiscate the guns of non-Chicago residents who have let their FOIDs expire.

More later as this story develops.

Source: Illinois State Rifle Association

We need to get concealed carry passed in Illinois but we also need to get the mindset of the politicians who are in charge of the law enforcement agencies in this State and get them to start respecting the Constitution and the 2nd A.mendment. The first thing that needs to happen after concealed carry is passed is we need to expand the memberships of the ISRA, the NRA and here on Illinois Carry and start our own task force, FERR or FOID Elimination and Restored Rights Task Force.

We could have monthly meetings and apply for government funding

Edited by BudMan5, 23 January 2012 - 08:30 PM.

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#27 JackTripper

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Posted 23 January 2012 - 08:57 PM

Thanks, Bud. I really like having you on the board. You are very even handed on your measured review of other LEOs.
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#28 FST_Kent

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Posted 23 January 2012 - 09:02 PM

Chicago requires all firearms to be registered with the city, which provides a handy, dandy database which they can periodically crosscheck with the FOID database


Guess what, if you purchased your firearm in IL from a dealer, the ISP knows how many long guns or handguns you've purchased. IL does their own background checks and the information has never been destroyed like it is on the national level after I believe 48hrs.

#29 vezpa

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Posted 24 January 2012 - 01:38 AM


Thank you.

I didn't know if it was like owning a car without a driver's license or...

Don't worry, I'm legal Posted Image



In this State, it's like having oxycodone without a prescription



Many of the lawmakers in this state are like oxycodone without a prescription. :console:
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#30 Xwing

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Posted 24 January 2012 - 09:13 AM

What happens if you are a FOID holder that has a firearm in the home but your spouse isn't a FOID holder, you aren't home and they are???


I always wondered that too. Does that mean your (spouse, SO, houseguest, etc...) w/o a FOID card is committing a felony, just because the FOID card holder is not home? Also, does it translate to a criminal act for the FOID card holder for leaving their house while there is a Firearm there? (e.g. are you "transferring" it to someone who you know has no legal ability to take possession) What about if you have a trusted neighbor or relative checking your home when you're away on vacation? Are they committing a crime if you have a firearm somewhere in the home?
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