BB gun/pellet gun- Foid?

[45Badger]

Another newb question. Do you need a FOID card to possess airgun/bb gun/pellet gun?

[aerxx]

Derp.

[RacerDave6]

Yes to bb/pellet if it has a muzzle velocity greater then 700fps

[InterestedBystander]

http://www.isp.state.il.us/foid/firearmsfaq.cfm

 

What is the definition of a firearm according to the FOID Act?

 

"Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding however:

1. any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
    
   
2. any device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
    
   
3. any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and
    
   
4. an antique firearm (other than a machine-gun) which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.
   

[Mr. Fife]

I thought that there was a new law passed, something about AND vs. OR

[RANDY]

I believe the law was changed last year to it has to be .18 or larger. The .177 no longer requires a FOID

[Uncle Harley]

I believe the law was changed last year to it has to be .18 or larger. The .177 no longer requires a FOID

177 no longer needs a FOID and larger doest either iif its less than 700 fps you now just have to meet one requirement instead of two to be exempt I'm the one who wrote the change and my rep pushed it through

 

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[Uncle Harley]

 

Otherwise airsoft would have required a FOID because 6 mm is larger than .18

 

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[RANDY]

I believe the law was changed last year to it has to be .18 or larger. The .177 no longer requires a FOID

177 no longer needs a FOID and larger doest either iif its less than 700 fps you now just have to meet one requirement instead of two to be exempt I'm the one who wrote the change and my rep pushed it through

 

Sent from my ADR6410LVW using Tapatalk 2

 

I was thinking of you when I responded because I knew you wrote it.

[borgranta]

Another newb question. Do you need a FOID card to possess airgun/bb gun/pellet gun?

As of last year you only need a FOID if the caliber is bigger than .18 and it is faster than 700 fps.

[RockerXX]

Do note that many of the 'Chicagoland' communities forbid the discharge of bb/pellets/paint balls withing city limits and some even forbid airsoft discharge...

[borgranta]

Do note that many of the 'Chicagoland' communities forbid the discharge of bb/pellets/paint balls withing city limits and some even forbid airsoft discharge...

I am glad that the handgun preemption is in place or they would ban the discharge of a handgun if they could.

[RockerXX]

]I am glad that the handgun preemption is in place or they would ban the discharge of a handgun if they could.

 

Many do and I doubt that will change, although it would be nice to shoot in my backyard anytime I wished...

[Uncle Harley]

Do note that many of the 'Chicagoland' communities forbid the discharge of bb/pellets/paint balls withing city limits and some even forbid airsoft discharge...

I am glad that the handgun preemption is in place or they would ban the discharge of a handgun if they could.

 

I guarantee you that its illegial within city limits in almost every municapality all across this country, but justifiable use of force laws override city ordinances, even before Chicago lifted the handgun ban there was an otherwise legal gun owner that had to defend himself at a bus stop I believe and it was ruled justifiable and no charges were brought

 

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[Pipedoc]

Wouldn't .177 that exceeded 700fps still need a FOID? I'm confused now.

[RANDY]

Wouldn't .177 that exceeded 700fps still need a FOID? I'm confused now.

 

The law now is has to be over .18 and over 700 fps. the .177 is exempt now because it is under .18 Both requirements have to be met to require FOID. A .22 that is under 700 fps would also be exempt. Uncle harley wrote the bill last year that got the law changed, something due to confusion that could require FOID for paintball gun.

[wtr100]

BUT most places that sell either don't know this or are being belt and suspenders safe just because

 

I do remember seeing an ATF guy at a fun store looking thought the bound book and wondering what all the air rifles were doing in there

[RANDY]

I have been wondering since the Feds don't regulate air guns, would filling out a 4473 be considered perjury, because it would not be considered a firearm under federal law.

[wtr100]

I have been wondering since the Feds don't regulate air guns, would filling out a 4473 be considered perjury, because it would not be considered a firearm under federal law.

 

BATFE guy just seemed to shug and move on to what he was looking for - scanned a few pages - shot the bull with the fellow running the store for a few and headed on down the road

[Pipedoc]

Wouldn't .177 that exceeded 700fps still need a FOID? I'm confused now.

 

The law now is has to be over .18 and over 700 fps. the .177 is exempt now because it is under .18 Both requirements have to be met to require FOID. A .22 that is under 700 fps would also be exempt. Uncle harley wrote the bill last year that got the law changed, something due to confusion that could require FOID for paintball gun.

I read this differently. This is an exemption. Because it says "and" and is an exemption, I read that both requirements have to be met in order to be exempt from FOID. In other words in order to be exempt it has to be .18 or smaller AND not exceed 700fps.

 

Am I incorrect?

[wtpa]

You are correct. It has to be BOTH. The ISP web page has not been updated. The law changed last year. I know this because I am a FFL Dealer and ask the FOID people specifically about pellet pistols because I found some that meet the requirement of a handgun. It is .22 and travels at 800 plus fps. Under the Illinois law and definition this is considered a handgun. And now for the real kicker. It can be used to qualify people for concealed carry because the law doesn't require you to shoot what you carry. Interesting twist for the ISP and the State of Illinois.

 

 

Wouldn't .177 that exceeded 700fps still need a FOID? I'm confused now.

 

The law now is has to be over .18 and over 700 fps. the .177 is exempt now because it is under .18 Both requirements have to be met to require FOID. A .22 that is under 700 fps would also be exempt. Uncle harley wrote the bill last year that got the law changed, something due to confusion that could require FOID for paintball gun.

I read this differently. This is an exemption. Because it says "and" and is an exemption, I read that both requirements have to be met in order to be exempt from FOID. In other words in order to be exempt it has to be .18 or smaller AND not exceed 700fps.

 

Am I incorrect?

[Pipedoc]

At wtpa

 

In your post you said .22 and 700+ fps. What about .177 and 700+ fps?

 

Interesting thought on the pellet pistol for FCCL qualification. I didn't think of that.

[wtpa]

If it is smaller than .18 it is NOT a firearm. I went through this will ISP for this very reason that their web page is not udpated. .177 does not meet the requirement. I have one .22 and one .25 and they both shoot more than 700. Both are considered firearms by ISP. Trust me. I saved the email.

[Pipedoc]

Ok, now I am really confused. The way I read the law as posted above with regards to pellet guns is basically all are considered firearms unless they are .18 or smaller AND less than 700 fps. So a .177 at 800 fps for example would be considered a firearm.

 

You are saying this is incorrect? Anything .177 regardless of fps is exempt from FOID? Thanks.

[RedBarchetta]

The ISP FAQ has not been updated.

 

From the FOID Act:

 

"Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however:

(1) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second;

 

(1.1) any pneumatic gun, spring gun, paint ball gun,or B-B gun which expels breakable paint balls containing washable marking colors;

 

 

 

From the outdated ISP FOID FAQ:

 

"Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding however:

 

1. any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;

[nulloverride]

Another newb question. Do you need a FOID card to possess airgun/bb gun/pellet gun?

 

Also some cities have bans and restrictions

[wtpa]

That is the way the law reads as of last year. Yes. The word OR is there now. So it can meet either to be exempt. Remember, it is talking about exemptions from the FOID. So .177 is exempt. Anything below 700 fps is exempt. But if you meet BOTH, then it is a firearm. Like the Air Force Talon P (.25 caliber & 800 fps) which is considered a pistol in Illinois and requires the 72 hour wait and a call to ISP for $2.

 

Ok, now I am really confused. The way I read the law as posted above with regards to pellet guns is basically all are considered firearms unless they are .18 or smaller AND less than 700 fps. So a .177 at 800 fps for example would be considered a firearm.

 

You are saying this is incorrect? Anything .177 regardless of fps is exempt from FOID? Thanks.

[Pipedoc]

Ok. Now it makes sense. The above quoted law in post #4 has been changed. That is where my confusion was. Thanks.

[kevin134]

I have been wondering since the Feds don't regulate air guns, would filling out a 4473 be considered perjury, because it would not be considered a firearm under federal law.

 

Where I buy pellet guns(Midwest, Lyons, IL) they don't do a 4473 since it is not a federal thing, but the state requires a foid and background check so they write it up with a handwritten reciept that includes the FTIP. I let them know today per what I found here about this, so hopefully only 20cal and higher over 700fps there in the future..

[RANDY]

I have been wondering since the Feds don't regulate air guns, would filling out a 4473 be considered perjury, because it would not be considered a firearm under federal law.

 

Where I buy pellet guns(Midwest, Lyons, IL) they don't do a 4473 since it is not a federal thing, but the state requires a foid and background check so they write it up with a handwritten reciept that includes the FTIP. I let them know today per what I found here about this, so hopefully only 20cal and higher over 700fps there in the future..

 

From talking to some other FFL's The only thing you have to do is show your FOID and walk out with the air gun. No waiting period, no paperwork. Walmart requires you to fill out the 4473 and do the waiting period.