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FOID on a visa


David Wild
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Hey guys

 

I am a South African living and working here in Chicago on a L1 Visa. I was hoping to take up some competition shooting here but it seems like I will not be able to get a FOID to legally own a firearm. I sent in my application about 60 days ago and when I inevitably had no response I called and after an hour or so on hold I spoke to someone who reviewed my application and said I would not be able to qualify for a FOID. When I completed the application it had a field for applicants born outside of the USA which I filled in and it also asked for a I94 which I put in. The lady I spoke to didn't seem to know what a I94 was and kept asking for another number. She then said that on a L1 visa I wouldn't be allowed to have a FOID although to be frank I don't think she knew what my visa was! I have a social security and an illinois drivers license and illinois ID so i really expected to be able to get a FOID. Basically what I want to know is if anyone here can confirm that the FOID lady was correct and I not entitled to owning a firearm, or if there is any way i can legally acquire a firearm? Any advice or suggestions would be greatly appreciated!

 

Thanks in advance

Regards

David

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I have no idea. I'll be glad to look into it, but I'm no expert, either. When an Illinois citizen has trouble getting a FOID, we generally call our state representative or senator's office and ask them to make inquiries. You might try that next unless someone can confirm that you're out of luck. If they're just blowing smoke or not sure of the law, a phone call from a rep's office usually gets things moving. Again, I don't know, but if it IS legal to issue you the FOID, it's entirely possible that someone refused out of simple ignorance.
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OK, David, in reading through the FOID act at www.ilga.gov , it looks like the relevant requirements are here. You must submit evidence that you are not one of a long list of things, but look at numbers 6 and 11:

 

(vi) He or she is not an alien who is unlawfully present in the United States under the laws of the United States;

 

(xi) He or she is not an alien who has been admitted to the United States under a non‑immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), or that he or she is an alien who has been lawfully admitted to the United States under a non‑immigrant visa if that alien is:

(1) admitted to the United States for lawful hunting or sporting purposes;

(2) an official representative of a foreign government who is:

(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which that alien is accredited;

(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);

 

Unfortunately, Wikipedia says a 1L is a "non-immigrant" visa--I'm guessing that's legalese for a short-term, work-based visa that doesn't imply intent to become a long-term resident or a citizen. I would not be at all surprised if there were some loophole I'm not seeing, nor would it surprise me if you could avoid the whole issue by moving to Wisconsin or Indiana. Sorry I couldn't be the bearer of better news.

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I work with many L-1 and H1B Visa holders and it concerns me that IL considers their 'right to life' nominal. We are endowed by our creator, not our government with this important right. This right is not based upon the condition of our citizenship!

 

I don't recall the details off-hand, but I recall SAF has a lawsuit in, I think, Mass. for their denial of licenses to aliens and also one in WA state.

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I work with many L-1 and H1B Visa holders and it concerns me that IL considers their 'right to life' nominal. We are endowed by our creator, not our government with this important right. This right is not based upon the condition of our citizenship!

 

I don't recall the details off-hand, but I recall SAF has a lawsuit in, I think, Mass. for their denial of licenses to aliens and also one in WA state.

 

I have no legit knowledge in this area of the law, but I think under our Constitution "the right of the people to keep and bear arms" includes lawful non-citizens. Meaning every person who obeys the law, should be able to use firearms. I assume that the IL FOID act excludes all persons who are either not a citizen, or who cannot provide a valid alien registration number. I guess the question hinges upon what is an alien registration number.

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I work with many L-1 and H1B Visa holders and it concerns me that IL considers their 'right to life' nominal. We are endowed by our creator, not our government with this important right. This right is not based upon the condition of our citizenship!

 

I don't recall the details off-hand, but I recall SAF has a lawsuit in, I think, Mass. for their denial of licenses to aliens and also one in WA state.

 

I have no legit knowledge in this area of the law, but I think under our Constitution "the right of the people to keep and bear arms" includes lawful non-citizens. Meaning every person who obeys the law, should be able to use firearms. I assume that the IL FOID act excludes all persons who are either not a citizen, or who cannot provide a valid alien registration number. I guess the question hinges upon what is an alien registration number.

 

The "people" in the rest of the Bill of Rights always includes non-resident aliens, who enjoy free speech, religion, assembly, security in their possessions, and even redress of grievances.

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  • 9 years later...

In regard to an applicant who is applying under a non-immigrant visa exception, the applicant shall provide a letter from his or her foreign government stating the purpose for travel to Illinois and the date the applicant's non-immigrant visa expires. The applicant shall also explain the need for the FOID Card or submit a waiver from this Part granted by the U.S. Attorney General. Persons in Illinois on a non-immigrant visa must have permission from their government and the U.S. Attorney General to possess or transport firearms.

https://www.ilga.gov/commission/jcar/admincode/020/020012300000200R.html

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