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ISP Frequently Asked Questions: FOID and CCL


Molly B.

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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given

There has been a question about persons who have a medical marijuana card and whether or not they remain eligible for a FOID and CCL. We have current reports that FOID cards are being revoked for mmj card holders. We would expect since CCL are based on having a FOID, CCLs will be revoked also.

 

The revocations are based on federal law: 18 USC 922 (g)(3) and (430 ILCS 65/8) (from Ch. 38, par. 83-8)

 

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given

So the state passes a law, and then uses federal law to punish its citizens who are following state law ?

 

They don't do that to people even in California.......Yep thats right, IL is to the left of California on this issue. That's scary.

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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
I see another battle coming. Marijuana is illegal under federal law.
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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given

 

I see another battle coming. Marijuana is illegal under federal law.

I posted this all at my facebook training page, and made the comment that there will be a lawsuit.

 

Whose gonna sue what ? People or an organization are gonna sue the state for allowing medical Marijuana ? Don't think so. Well I mean they can but you might as well give the money to the catholic church it will do just about as much good.

Now if they made it outright legal, you might have chance at a lawsuit, but otherwise I would just say tuff. Deal with it.

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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given

 

 

I see another battle coming. Marijuana is illegal under federal law.

I posted this all at my facebook training page, and made the comment that there will be a lawsuit.

 

Whose gonna sue what ? People or an organization are gonna sue the state for allowing medical Marijuana ? Don't think so. Well I mean they can but you might as well give the money to the catholic church it will do just about as much good.

Now if they made it outright legal, you might have chance at a lawsuit, but otherwise I would just say tuff. Deal with it.

 

I am not quite getting your tone with me. I was merely making a comment of what I think will happen, not whether it is right or wrong or whatever. When folks get rights taken, there are lawsuits. FOIDs and FCCLs are being taken away. Someone will sue. Will they win? Who knows? But there is always a lawsuit.

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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given

 

 

I see another battle coming. Marijuana is illegal under federal law.

 

I posted this all at my facebook training page, and made the comment that there will be a lawsuit.

Whose gonna sue what ? People or an organization are gonna sue the state for allowing medical Marijuana ? Don't think so. Well I mean they can but you might as well give the money to the catholic church it will do just about as much good.

Now if they made it outright legal, you might have chance at a lawsuit, but otherwise I would just say tuff. Deal with it.

You have come to the wrong place to be negative about fighting for our rights. We didn't give up when they said we wouldn't ever get the right to carry.
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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given

There has been a question about persons who have a medical marijuana card and whether or not they remain eligible for a FOID and CCL. We have current reports that FOID cards are being revoked for mmj card holders. We would expect since CCL are based on having a FOID, CCLs will be revoked also.

 

The revocations are based on federal law: 18 USC 922 (g)(3) and (430 ILCS 65/8) (from Ch. 38, par. 83-8)

 

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

 

This is hilarious. So they passed a state law making medical marijuana legal, but apparently they don't think it's really ok? Why won't these clowns stand behind what they say??? Liars, crooks, backstabbers and frauds, trying to have their cake and eat it too.

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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given

A precedent may already have been set. In 2012, the US Supreme Court declined to hear an appeal from an Oregon sheriff who denied a conceal weapons licensee to a medical marijuana user. Cynthia Willis of Central Point Oregon was denied a CWL the the Jackson County Sheriff because she uses medical marijuana.

She sued and won at ever court level including the Court of Appeals and the Oregon Supreme Court. The sheriff argued federal law prevents a person from possessing a firearm, even if medical marijuana is legal under state law, which it is in Oregon.

"I was not a criminal and I met all the conditions to have a concealed weapon license," Willis said. " A cannabis patient is the same as any other patient and we are to be treated equally and fairly."

 

http://www.green215.com/blog/oregon-court-rules-medical-pot-users-can-have-guns

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A precedent may already have been set. In 2012, the US Supreme Court declined to hear an appeal from an Oregon sheriff who denied a conceal weapons licensee to a medical marijuana user. Cynthia Willis of Central Point Oregon was denied a CWL the the Jackson County Sheriff because she uses medical marijuana.She sued and won at ever court level including the Court of Appeals and the Oregon Supreme Court. The sheriff argued federal law prevents a person from possessing a firearm, even if medical marijuana is legal under state law, which it is in Oregon."I was not a criminal and I met all the conditions to have a concealed weapon license," Willis said. " A cannabis patient is the same as any other patient and we are to be treated equally and fairly." http://www.green215.com/blog/oregon-court-rules-medical-pot-users-can-have-guns
A precedent for sure, but not binding in IL. Although I expect we would see a similar outcome if such a case where brought here. The MMJ law in Illinois states that it shall not be used to deny any right or privilege:

 

(a) A registered qualifying patient is not subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by an occupational or professional licensing board, for the medical use of cannabis in accordance with this Act
Additionally, where the FOID act conflicts with the previous of the MMJ act citing federal law (quoted by Molly, above) the ISP should defer to the state law, since they are not tasked with enforcing federal law and the fact that the MMJ law was passed later than the FOID act indicates an intention to supercede itSent from my SM-G920P using Tapatalk
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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given

There has been a question about persons who have a medical marijuana card and whether or not they remain eligible for a FOID and CCL. We have current reports that FOID cards are being revoked for mmj card holders. We would expect since CCL are based on having a FOID, CCLs will be revoked also.

 

The revocations are based on federal law: 18 USC 922 (g)(3) and (430 ILCS 65/8) (from Ch. 38, par. 83-8)

 

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

This came up in the first quarter of 2014 when JCAR was drafting the rules for the Compassionate Use of Medical Cannabis Pilot Program. It was included in the proposed rules but specifically removed from the final version. The Suntimes even mentioned it at the time.

 

I don't see how ISP can promulgate a rule JCAR specifically rejected.

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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given

 

A precedent may already have been set. In 2012, the US Supreme Court declined to hear an appeal from an Oregon sheriff who denied a conceal weapons licensee to a medical marijuana user. Cynthia Willis of Central Point Oregon was denied a CWL the the Jackson County Sheriff because she uses medical marijuana. She sued and won at ever court level including the Court of Appeals and the Oregon Supreme Court. The sheriff argued federal law prevents a person from possessing a firearm, even if medical marijuana is legal under state law, which it is in Oregon. "I was not a criminal and I met all the conditions to have a concealed weapon license," Willis said. " A cannabis patient is the same as any other patient and we are to be treated equally and fairly." http://www.green215.com/blog/oregon-court-rules-medical-pot-users-can-have-guns
A precedent for sure, but not binding in IL. Although I expect we would see a similar outcome if such a case where brought here. The MMJ law in Illinois states that it shall not be used to deny any right or privilege:

 

(a) A registered qualifying patient is not subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by an occupational or professional licensing board, for the medical use of cannabis in accordance with this Act
Additionally, where the FOID act conflicts with the previous of the MMJ act citing federal law (quoted by Molly, above) the ISP should defer to the state law, since they are not tasked with enforcing federal law and the fact that the MMJ law was passed later than the FOID act indicates an intention to supercede it Sent from my SM-G920P using Tapatalk

 

 

If people knew it would come down to this they would never have applied for a MMJ card. Especially since it was totally dropped from the first set of proposed rules for a MMJ card.

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Posted · Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given
Hidden by Molly B., January 13, 2016 at 11:44 PM - No reason given

Can someone tell me how long the following has been posted on the ISP/FSB website under the FOID Am I Eligible question? Has it always been there? I don't recall.

 

I have not within the past year (preceding the date of this application) used or been addicted to any controlled substance or narcotics in violation of state or federal law.

I am not a medical marijuana patient registry card holder.

 

And there is this document too:

MMJ Affidavit-Question6.pdf

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The CCL parking lot exemption Answer is not up-to-date either (see text in red):

 

 

What is the parking lot exemption for CCL holders in prohibited places?
Any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicles trunk , provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. This exception does not apply to any area where firearms are prohibited under federal law or to property regulated by the federal Nuclear Regulatory Commission.
July 10th Amendment eliminates the "unloaded" clause.
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  • 4 weeks later...

I'm looking for a little help, I'm trying to transfer a shotgun to my son (23 years old) through the he ISP FOID program. I have entered the his FOID # and date of birth and it say it will generate a number to keep for 10 years. It gives no further instructions on how I receive the number. Does the system only work during business hours, or it computer generated ? Any help would be great

 

Thanks

Paul

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The number should be displayed on the page when it says the FOID is valid, however a son is one of the immediately family members specifically exempted from needing the FOID verification.

 

As long as your son has a FOID and you are both residents of IL you don't need to obtain an approval number from the online system

 

Sent from my SM-G920P using Tapatalk

 

 

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The CCL parking lot exemption Answer is not up-to-date either (see text in red):

 

 

What is the parking lot exemption for CCL holders in prohibited places?
Any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicles trunk , provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. This exception does not apply to any area where firearms are prohibited under federal law or to property regulated by the federal Nuclear Regulatory Commission.
July 10th Amendment eliminates the "unloaded" clause.

 

 

I have a question pertaining to storage when planning to leave your CCW in your car. So the prior post pertains to stepping out of the car (after unloading the gun) to store in the trunk. My question is, because the gun can also be left inside the car for storage (i.e console or glove box) does the gun have to be unloaded before leaving the car? Does the "unloaded" provision above only apply because you would be stepping out of the car into the parking lot OR does it mean the gun needs to be unloaded PERIOD before leaving it in the car anywhere. So the actual scenario would be I leave my CCW in a case, in the console of the car, and would lock the car doors when leaving. Do I have to unload the CCW before leaving the vehicle? I won't be stepping foot onto the parking lot at all until after the CCW was placed in a case and into the console. Thanks in advance for any insight.

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The CCL parking lot exemption Answer is not up-to-date either (see text in red):

 

 

What is the parking lot exemption for CCL holders in prohibited places?
Any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicles trunk , provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. This exception does not apply to any area where firearms are prohibited under federal law or to property regulated by the federal Nuclear Regulatory Commission.
July 10th Amendment eliminates the "unloaded" clause.

 

 

I have a question pertaining to storage when planning to leave your CCW in your car. So the prior post pertains to stepping out of the car (after unloading the gun) to store in the trunk. My question is, because the gun can also be left inside the car for storage (i.e console or glove box) does the gun have to be unloaded before leaving the car? Does the "unloaded" provision above only apply because you would be stepping out of the car into the parking lot OR does it mean the gun needs to be unloaded PERIOD before leaving it in the car anywhere. So the actual scenario would be I leave my CCW in a case, in the console of the car, and would lock the car doors when leaving. Do I have to unload the CCW before leaving the vehicle? I won't be stepping foot onto the parking lot at all until after the CCW was placed in a case and into the console. Thanks in advance for any insight.

 

His red letters show the sentence that needed to be updated at the ISP page, as unloading was done away with in the trailer bill earlier this year. You never had to unload inside the vehicle to store it in there, Just lock it in a case inside and out of sight or lock it in the vehicle out of sight.

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The CCL parking lot exemption Answer is not up-to-date either (see text in red):

 

 

What is the parking lot exemption for CCL holders in prohibited places?
Any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicles trunk , provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. This exception does not apply to any area where firearms are prohibited under federal law or to property regulated by the federal Nuclear Regulatory Commission.
July 10th Amendment eliminates the "unloaded" clause.

 

 

I have a question pertaining to storage when planning to leave your CCW in your car. So the prior post pertains to stepping out of the car (after unloading the gun) to store in the trunk. My question is, because the gun can also be left inside the car for storage (i.e console or glove box) does the gun have to be unloaded before leaving the car? Does the "unloaded" provision above only apply because you would be stepping out of the car into the parking lot OR does it mean the gun needs to be unloaded PERIOD before leaving it in the car anywhere. So the actual scenario would be I leave my CCW in a case, in the console of the car, and would lock the car doors when leaving. Do I have to unload the CCW before leaving the vehicle? I won't be stepping foot onto the parking lot at all until after the CCW was placed in a case and into the console. Thanks in advance for any insight.

 

His red letters show the sentence that needed to be updated at the ISP page, as unloading was done away with in the trailer bill earlier this year. You never had to unload inside the vehicle to store it in there, Just lock it in a case inside and out of sight or lock it in the vehicle out of sight.

 

Thank you!

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  • 10 months later...

 

A precedent may already have been set. In 2012, the US Supreme Court declined to hear an appeal from an Oregon sheriff who denied a conceal weapons licensee to a medical marijuana user. Cynthia Willis of Central Point Oregon was denied a CWL the the Jackson County Sheriff because she uses medical marijuana. She sued and won at ever court level including the Court of Appeals and the Oregon Supreme Court. The sheriff argued federal law prevents a person from possessing a firearm, even if medical marijuana is legal under state law, which it is in Oregon. "I was not a criminal and I met all the conditions to have a concealed weapon license," Willis said. " A cannabis patient is the same as any other patient and we are to be treated equally and fairly." http://www.green215.com/blog/oregon-court-rules-medical-pot-users-can-have-guns
A precedent for sure, but not binding in IL. Although I expect we would see a similar outcome if such a case where brought here. The MMJ law in Illinois states that it shall not be used to deny any right or privilege:

 

(a) A registered qualifying patient is not subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by an occupational or professional licensing board, for the medical use of cannabis in accordance with this Act
Additionally, where the FOID act conflicts with the previous of the MMJ act citing federal law (quoted by Molly, above) the ISP should defer to the state law, since they are not tasked with enforcing federal law and the fact that the MMJ law was passed later than the FOID act indicates an intention to supercede it Sent from my SM-G920P using Tapatalk

 

Great information. thank you for sharing

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