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Everything posted by Xwing
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Todd Vandermyde for NRA Board of Directors
Xwing replied to Tvandermyde's topic in Illinois Politics
Todd, I had the pleasure of voting for you today and getting the ballot in the mail. I agree with the "Reform 2.0" direction, but it's also nice to vote for someone I personally know who has done much for Illinois gun-owners. -
I'm still mad about Galyan's. I bought my first gun there. It was sad when they were bought by Dicks, and even worse when Dicks went full-on anti-gun. Yes, Cabela's was better. Bass Pro is ok. It's still pro-2a, but not as good of a user experience.
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I got 10 years
Xwing replied to BigJim's topic in Illinois FOID Application, Renewal & Appeal Process
That terrible bill didn't pass (yet), but there is a big risk of a virtually similar one in next year's session. -
Revoked FOID Card Appeal
Xwing replied to Jamesc1993's topic in Illinois FOID Application, Renewal & Appeal Process
Well that sucks. I’ll just give up on it I guess. Thanks for the reply. Or you could just move to the "long" game... Appeals take a long time, but people are winning them. If you keep this on your radar, gaining your rights back 2 years from now is certainly better than never... Of course, every individual circumstance is different, but if you're in the right, it's worth fighting! -
Those supervision rules are insane for a traffic (or any other very minor non-violent) offence. They take away all your 2nd amendment rights. And you also need court approval to leave the state for 2 years? No vacations or other travel I guess. How did it get so crazy? Is this in Cook County, or in another county? Court supervision was no big deal in the past; it's the best thing to do with any speeding ticket. Just apply for "court supervision" for any speeding ticket, pay more money to the court, but don't impact your driving record. In the past, it was a checkbox on the ticket. (I'm assuming traffic school is similar to court supervision as they do the same thing...)
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Appealing a REVOKED FOID
Xwing replied to Novakj126's topic in Illinois FOID Application, Renewal & Appeal Process
They should eventually inform you. But as noted by the OP, it sometime takes them more than a year to make a decision. A couple options available are to reach out to your State Representative (as they can help move the process along in some cases by an inquiry from their office), or also reach out to Molly B on this board. She has communication with the ISP and sometimes is able to assist IllioisCarry members in getting answers. -
IMO, there are two advantages: 1. Per the language in 720 ILCS 5/24-9(a) if your minor child has a FOID, that legal restriction doesn't apply. (Regarding firearm access: Of course you need to follow safe procedures anyway, but it's good to not have the severe legal penalty hanging over your head.) 2. Using this process to get your child more interested in firearm rights. For me, it was mostly for the fun of it at this point. When my daughter is older, it'll actually matter more.
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I think Scipio24 already answered your questions. But I signed up my 3 year-old for a FOID this year. I had to call the ISP phone # and do a paper application, as the electronic one wasn't a viable option w/o state ID. However, it was no big deal to do it over the phone. The person I spoke with was helpful and they knew how the process works. The process was: 1. Call ISP and provide information on minor over the phone 2. They send you a pre-filled out paper application 3. Attach photo and check. Send it. 4. Get FOID in mail. I want to say the entire process took maybe 2-3 months or so from start to finish. A little longer, but not egregious.
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Good luck. Illinois does have some stupid gun laws, and Cook County has a well-deserved reputation as doing everything they can to deny 2nd amendment rights. Unfortunately they often use any excuse to mess with legal firearm holders to score political points. But overall, Illinois gun laws are still not nearly as bad as Canada's laws, so maybe it's not as bad as you think. Molly's suggestion of "store with a FFL" may be a viable option. But the best option is if you have a friend or family member who can store your firearms temporarily if you are denied FOID while you go through the appeal. Illinois State Police, who process the FOID, do try to be fair and they follow the law. So hopefully this worry is for nothing. Let us know what happens!
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From the facts you reported, I believe you have a very winnable case for FOID, but not a winnable case for CCW. The federal question is an interesting one. You probably should get the "state" situation cleaned up, to avoid possibility of running afoul of federal law if you move (https://www.atf.gov/resource-center/docs/atf-p-5300-4pdf/download) 922 Unlawful acts. (g) It shall be unlawful for any person (4) ... who has been committed to a mental institution;... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. It would really be a stretch, but it seems to be the same stretch the state is using... [EDIT]: On second thought, I don't see how they could rule the above applicable, but I'll keep it in the post just for your information. And I bring up one more issue. If you don't get your FOID back, there may be some challenges in legally removing the firearms from Illinois. (e.g. you cannot legally touch them as a resident of Illinois, but you also cannot private-party transfer handguns interstate, so how can your friend legally give them back to you?) There are probably ways to do this while complying with the law (federal & state), but you'll have to research that in depth. If you get your FOID reinstated and your friend transfers them back to you while you're a resident of Illinois, this pitfall goes away... Good luck IANAL, so this isn't legal advice. You may need to retain an hour or two of an attorney trained in this area in order to lock down all the details.
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IMO, your easiest path for keeping the family heirlooms away from the auction block is to fill out the forms to have a friend or relative with a FOID pick up the firearms & store them. There have been a couple of threads here on that process in the past if you search for them. That should probably be your first priority, to make sure your firearms are safe. After that, it will be a long (and painful) process to get your FOID re-instated so that you can take possession of them again. Expect it to take several months. A lawyer isn't required, but would help.
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IMO it probably is really Cook County Police Dept doing this. They do all kind of shady things at Dart's command for political motives. (e.g. you mentioned transfers. Is it possible you legally transferred a gun to a cook county resident, and there was legal trouble w/ that gun afterwards? Are they possibly trying to say you are a "gun dealer" and hold you to different rules?) But given the information you have from ISP & your local police, they are not allowed to do what they are doing, so you would be legal to "send them packing" if them come again. (IANAL and this is not legal advice.) That is a really weird situation though. Please keep us in the loop on what happens going forward...
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Good luck on your quest. IMO it is unfortunate that it is so terribly difficult (and sometimes impossible) to have your rights restored, even after someone turns their life around. As long as you have a felony on your record, you will never have any 2nd-amendment rights recognized. Moving to GA won't help. All states follow federal law regarding firearm possession and ownership (relevant excerpt below). Your only option is to petition to have this past conviction removed from your record here in Illinois. From what I've read before, a non-violent felony is eligible for expungement after 10 years on the "straight and narrow". It sounds like a hard and difficult process though; let us know what happens after you speak with an attorney! IANAL... 18 U.S. Code 922 - Unlawful acts (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
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FOID renewal time limit?
Xwing replied to UpperAtmosphere's topic in Illinois FOID Application, Renewal & Appeal Process
I have the same question. Mine expires in 364 days. If you find the real answer, please post it. 60 days is a good guess. But given how slow the ISP can be, I'd like a little more contingency... -
FOID denied
Xwing replied to ROSCOE8688's topic in Illinois FOID Application, Renewal & Appeal Process
IMO, from my understanding, it may be possible, but is very, very hard. You would need expungement on all felony and domestic battery charges before a restoration of you firearm rights. A wise first step is finding an attorney who is familiar with this process and having a discussion. From what I have read, it takes many years, many large $$s, and even then takes quite a bit of luck & skill of your attorney. But I could be wrong. An attorney who is versed in the expungement process in Illinois would be able to set your expectations... -
States Where Illinois Carry Licensees May Carry
Xwing replied to Molly B.'s topic in Illinois Right to Keep and Carry
Yes. There are departments that will, but you have to call around. And the instructions are not intuitive for filling out the card. But both minor problems. -
Let us know what you find out when you call the ISP. Hopefully one of your grandparents could be your "sponsor guardian". But Illinois certainly doesn't make it easy. <-- Or that. I don't think it says your parents have to be in the United States. It would add some time, but no reason they couldn't sign it and notarize it out-of-country, and then mail it back to you.
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States Where Illinois Carry Licensees May Carry
Xwing replied to Molly B.'s topic in Illinois Right to Keep and Carry
Zero tolerance is true in several states. In the vast majority of states, you can carry in a restaurant that serves alcohol. But many of them have the rule that you cannot consume a drink. For those who have the "CCW" iPhone or Android app clicking "Restaurants Serving Alcohol no/yes" will show that state's law (for states that have it spelled out). -
States Where Illinois Carry Licensees May Carry
Xwing replied to Molly B.'s topic in Illinois Right to Keep and Carry
With the bill signed on Friday, VA will recognize all permits. But it doesn't take effect for several months. -
Revoked FOID from charge in 1997
Xwing replied to sli20001's topic in Illinois FOID Application, Renewal & Appeal Process
Let us know how it all turns out! -
States Where Illinois Carry Licensees May Carry
Xwing replied to Molly B.'s topic in Illinois Right to Keep and Carry
Correct. MO & KY recognize all states by statute. The only way they would stop recognizing the Illinois FCCL is if they passed a new reciprocity law that was very restrictive and overwrote their existent one. Very unlikely. With your Illinois permit, you can legally carry in 26 states (including carrying permitless in ME, since ME doesn't recognize IL) I very much doubt this will number will go down. But it probably won't go up by more than 1 or 2, unless other states switch to "permitless carry" or to "recognize all state permits". Most of the rest of the states only recognize those states who recognize them. -
States Where Illinois Carry Licensees May Carry
Xwing replied to Molly B.'s topic in Illinois Right to Keep and Carry
Any new information on Texas, we are doing a hog hunt in Feb 2016 and looks like our travels to Texas are covered on carrying, but not Texas, would be nice to travel all the way to San Antonio and back with some protection, in and out of the car. Texas honors Arizona license. Your IL training will get you the AZ license. Finger prints and $15. A good option. (One of many). Texas honors 43 permits. Plenty of non-res choices