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Out of State Resident with 2nd Home In Illinois - Gun In 2nd Home?


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#1 fat-tire

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Posted 18 September 2019 - 09:33 AM

I have a friend who's primary resident use to be Illinois and had a FOID card.  This individual has since become a permanent resident of Minnesota but has kept his home in Illinois and spends a great deal of time in his secondary home in Illinois.  He understands that his IL FOID card is no longer valid since he has become a permanent resident of Minnesota with a Minnesota Drivers License.  His question is, can he legally keep a gun in his Illinois home for protection even though his FOID is no longer valid?  What say you?



#2 Quiet Observer

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Posted 18 September 2019 - 11:10 AM

If he can legally possess a gun in his home state, he can have it here. The FOID Act in (10) below mentions registration or licensure in the home state, so this could be a little gray.  If he stayed in his Illinois house for over 60 continuous days, there might be a question of residency.  But I see this as no different than having a summer of winter home, or visiting some place for a several weeks. 

I see no reason to make this complicated with a much of could-be-might-be hypotheticals.

 

    “ (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: 

. . .

        (10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;

. . .

    (d) Any person who becomes a resident of this State, who is not otherwise prohibited from obtaining, possessing, or using a firearm or firearm ammunition, shall not be required to have a Firearm Owner's Identification Card to possess firearms or firearms ammunition until 60 calendar days after he or she obtains an Illinois driver's license or Illinois Identification Card.”


Edited by Quiet Observer, 18 September 2019 - 11:11 AM.


#3 lockman

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Posted 18 September 2019 - 11:39 AM

If the person has a MN license to carry they may also have a firearm loaded and concealed on their person in a motor vehicle or otherwise concealed within the vehicle.


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#4 Bubbacs

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Posted 18 September 2019 - 01:55 PM

If the person has a MN license to carry they may also have a firearm loaded and concealed on their person in a motor vehicle or otherwise concealed within the vehicle.


Not that Illinois has any, but common sense would seem to be that if you can have a handgun in your car, loaded or unloaded, then you could have the same handgun in your property loaded or unloaded!

But again, it’s Illinois

#5 quackersmacker

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Posted 18 September 2019 - 07:44 PM

In a word, yes.  Non-residents in ILLannoy have more rights than ILLannoy residents when it comes to gun rights and the requirements associated therewith.


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#6 Gamma

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Posted 18 September 2019 - 08:19 PM

Yes he can, and an even stronger case if he has an MN carry permit.
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#7 quackersmacker

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Posted 18 September 2019 - 08:27 PM

Yes he can, and an even stronger case if he has an MN carry permit.

ILLannoy does not recognize or give any weight to a MN permit, but I suppose that as a practical matter a reasonable IL LEO might as a matter of common sense take that into consideration.


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#8 soundguy

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Posted 18 September 2019 - 08:40 PM

In a word, yes.  Non-residents in ILLannoy have more rights than ILLannoy residents when it comes to gun rights and the requirements associated therewith.

 

While non-residents don't need a FOID, they still have to transport firearms in a case and unloaded... and they cannot carry except while in their vehicle with a home state permit or license, or residence (or my house) if they have no permit from home. 

 

They have no more rights than we... just one hoop they can't be required to jump through.

We are not New York, California, Hawaii or New Jersey.


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#9 Quiet Observer

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Posted 18 September 2019 - 08:51 PM

 

Yes he can, and an even stronger case if he has an MN carry permit.

ILLannoy does not recognize or give any weight to a MN permit, but I suppose that as a practical matter a reasonable IL LEO might as a matter of common sense take that into consideration.

 

 

I think that Illinois would view the Minnesota carry permit as a license to possess, as I noted in #2.  Of course, Illinois does not recognize it as a right to carry in public.



#10 quackersmacker

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Posted 18 September 2019 - 09:05 PM

 

In a word, yes.  Non-residents in ILLannoy have more rights than ILLannoy residents when it comes to gun rights and the requirements associated therewith.

 

While non-residents don't need a FOID, they still have to transport firearms in a case and unloaded... and they cannot carry except while in their vehicle with a home state permit or license, or residence (or my house) if they have no permit from home. 

 

They have no more rights than we... just one hoop they can't be required to jump through.

We are not New York, California, Hawaii or New Jersey.

 


Edited by quackersmacker, 18 September 2019 - 09:21 PM.

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#11 borgranta

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Posted 18 September 2019 - 11:43 PM

If I remember correctly ILLINOIS law would recognize a carry license as a license to possess for non-residents.


Edited by borgranta, 18 September 2019 - 11:43 PM.

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#12 fat-tire

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Posted 14 October 2019 - 09:05 AM

Thank you for all the replies and great information.  My friend does have his MN Concealed Carry License.  So, this should bolster his argument to keep firearms in his 2nd home in IL without a FOID.  Hopefully he will never encounter a situation where he has to "argue" his position but, it is good to know he is operating with his rights and the law.



#13 BigJim

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Posted 14 October 2019 - 01:54 PM

 it is good to know he is operating with his rights and the law.

Those two things are not the same in Illinois.


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