CHICAGO HANDGUN OWNER Posted February 22, 2020 at 04:14 PM Posted February 22, 2020 at 04:14 PM How does the law apply if you spouse is prohibited from owning a gun but you are not? Can you keep a gun on your side of the bed? Do you have to give up your gun rights also? If a gun is in a shared household what constitutes possession? How would this apply while driving a car? I'm Curious about the legalities of this situation.
Quiet Observer Posted February 22, 2020 at 04:46 PM Posted February 22, 2020 at 04:46 PM The spouse with the valid FOID would be the only one allowed access to a gun. The gun could not be out in the open on either side of the bed or anywhere in the house. That would give the revokee access to the gun. The gun(s) would have to be stored in a locked drawer, cabinet, safe, room, etc. to which only the valid FOID holder has the key or combination.
ScopeEye Posted February 22, 2020 at 06:14 PM Posted February 22, 2020 at 06:14 PM Keep the prohibited spouse locked in the safe....
John Q Public Posted February 22, 2020 at 07:46 PM Posted February 22, 2020 at 07:46 PM Keep the prohibited spouse locked in the safe....I don't care who ya are that some funny stuff! Seriously though, just get a small safe that has buttons, push them and it pops open with a light. The bottom line is the gun needs to be secured.
borgranta Posted February 22, 2020 at 08:16 PM Posted February 22, 2020 at 08:16 PM How does the law apply if you spouse is prohibited from owning a gun but you are not? Can you keep a gun on your side of the bed? Do you have to give up your gun rights also? If a gun is in a shared household what constitutes possession? How would this apply while driving a car? I'm Curious about the legalities of this situation. The one with a valid FOID would be the only one that can legally access a gun. There may be an exception for necessity such as during an active break since the harm caused by the FOID holder arming their spouse is lesser than the harm of one or both spouses being kidnapped or murdered. Once the emergency passes such as if the home invaders leave the area or leave this world the prohibited spouse would have to relinquish the firearm since necessity would no longer exist.
Bubbacs Posted February 22, 2020 at 08:39 PM Posted February 22, 2020 at 08:39 PM Get a non-prohibited spouse, make it part of the prenuptial agreement.Divorces have been over lesser issues!
lockman Posted February 23, 2020 at 03:27 PM Posted February 23, 2020 at 03:27 PM Get FOID tossed out. In home possession should be allowed for all citizens not under sentence for a crime using violence. Why should a non-violent conviction for anything allow the state to strip your right to protect your life, family and home. Restoration of rights should be automatic after the sentence is completed.
Bitter Clinger Posted February 23, 2020 at 05:29 PM Posted February 23, 2020 at 05:29 PM Get FOID tossed out. In home possession should be allowed for all citizens not under sentence for a crime using violence. Why should a non-violent conviction for anything allow the state to strip your right to protect your life, family and home. Restoration of rights should be automatic after the sentence is completed. Agreed.
Quiet Observer Posted February 24, 2020 at 03:22 PM Posted February 24, 2020 at 03:22 PM Get FOID tossed out. In home possession should be allowed for all citizens not under sentence for a crime using violence. Why should a non-violent conviction for anything allow the state to strip your right to protect your life, family and home. Restoration of rights should be automatic after the sentence is completed. Agreed. That is nice to say, but we have to deal with the law as it stands now. Any volunteers to be a test case or pay the costs?
Bitter Clinger Posted February 24, 2020 at 03:48 PM Posted February 24, 2020 at 03:48 PM I thought the FOID was already ruled unconstitutional, but it's under appeal.We'll have to wait to see how that shakes out.
lockman Posted February 24, 2020 at 06:51 PM Posted February 24, 2020 at 06:51 PM Get FOID tossed out. In home possession should be allowed for all citizens not under sentence for a crime using violence. Why should a non-violent conviction for anything allow the state to strip your right to protect your life, family and home. Restoration of rights should be automatic after the sentence is completed. Agreed. That is nice to say, but we have to deal with the law as it stands now. Any volunteers to be a test case or pay the costs? If the circumstance presents itself I’ll bite.
Penumbra1811 Posted February 24, 2020 at 09:26 PM Posted February 24, 2020 at 09:26 PM As of now I'm prohibited but fighting for the restoration of my rights in court for non violent felonies over 25 years ago. My wife has several guns and they are locked up but I be damn if someone broke in my house and tried robbing or whatever I guarantee I will have one of those guns in my hand protecting my family and property. No one will tell me any different cops or judge!
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