I've been told that you guys are the go-to guys where Illinois Gun Laws are concerned, and so i'm here to see if you could give me your interpretation on the FOID act as it applies to the sale of ammunition to non-illinois residents. I've done quite a bit of research on this, but I am by no means an expert, nor am I trying to pretend to be. I have found what I believe to be a clear cut definition in Illinois Law, im just after a second opinion that I know can be trusted.
A quick back story is that i'm a member of another gun forum, and one of our members there is a resident of Wisconsin. He went to Bass Pro Shops in Gurnee, IL one day to buy some ammunition (he lives right on the border). He's done this many times before, but this occasion they actually refused to sell it to him, telling him it was because he was not a resident of Illinois, and they're not allowed to sell ammunition to anyone who does not have a FOID card.
So this instance triggered an investigation by many of us, and lots of contact with Bass Pro Shops in general. What we've come to find out is that Bass Pro Shops does have an official policy (apparently, it's a new policy) that says they will not sell to anyone who does not have a FOID card, and they're claiming that it's because Illinois State Law requires it. The proof they provide is an e-mail from an Illinois State Police officer that had contacted them telling them not to do it. This is the email from Mr. Whiteley with Bass Pro Shops corporate, where he references the email from the ISP:
In regards to gun policies at our stores, our company policy is to follow the gun laws in the state in which that store is in as they vary across the country.
Below is what we have been told by the Illinois State Police;
Residents of bordering states can purchase long guns and ammo.
Inter-changeable ammo such as 9MM for long guns and hand guns is okay, if
the customer is purchasing at same time as firearm purchase. Nothing in
writing stating that, use your best judgment. Better not to sell 9MM,
7.62MM to non-residents, impossible to determine their use. Same applies
to those not from bordering states, if they purchase a non-resident hunting
license first for long guns or ammo. No hand gun ammo in Illinois for
non-residents. Be all that you can be!
----- Forwarded by Mark Marston/IlStPolice on 10/05/2011 12:28 PM -----
Larry L. Whiteley
Bass Pro Shops/Tracker Marine
Manager of Communications
So, I found it interesting that they quoted an Illinois State Police officer instead of Illinois Law its self, so I went digging. Just for ease of reference, i've only included what I believe to be the important parts of the law. The full law, as its written, can be viewed HERE
(430 ILCS 65/) Firearm Owners Identification Card Act.
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required; exceptions
(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.
(2) No person may acquire or possess firearm ammunition 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.
( B ) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
...[numbers ( 1 ) through ( 8 ) have been truncated]
( 9 ) Nonresidents whose firearms are unloaded and enclosed in a case;
( 10 ) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;
....[numbers ( 11 ) through ( 16 ) truncated] section C has also been removed since it does not apply
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.
( a-5 ) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.
( B ) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense.
( b-5 ) Any resident may purchase ammunition from a person outside of Illinois. Any resident purchasing ammunition outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents.
( c ) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph ( B ) of Section 2 of this Act.
So, as I read this, it's saying that anyone who is not a resident of Illinois, but that meets the "exemptions" requirements outlined in Section 2, paragraph b, most notably #9 and #10 is legally allowed to come into the state and purchase ammunition. So in other words, my friend from WI could have presented his CCP as proof that he's legally allowed to purchase ammunition, or if he didn't have that on him, he could have brought in any firearm that was unloaded and in a case as proof?
I've been in contact at great length with more than one official at Bass Pro Shops, but most notably Mr. Whiteley, and he's been great so far, trying to figure things out, but i'm still curious to see what other, more intelligent and experienced people have to say about this, the information i've presented to Bass Pro Shops as proof that their policy has to go, because it's not required by Illinois State Law.
Anyone have any insight? Anything at all would be most appreciated.
Edited by PrimePorkchop, 12 March 2012 - 07:43 PM.