why do surrounding states recognize and require the foid?

[Beezil]

Probably a newb question, but honestly, i do not know why or how this came about.

 

what's to stop a red state that honors freedom and independence like Missouri to sell firearms the way they sell to their own residents? The only reason I don't purchase firearms in missouri is because it is no different than purchasing in illinois...waiting period, etc.

 

missouri (as an example) could gain a lot more sales tax

 

 

[RandyP]

As far as I know, firearm sales across State lines generally require a FFL transfer to the buyer's home State. An exception would be a C&R purchase out of State.

[Glock23]

I believe federal law requires that out of state firearm sales follow the laws of both states.

[Anonymous One]

Unless you are an FFL holder other than a C&R license holder, this will apply:

 

How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source?

 

An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.

[18 U.S.C 922(a)(3) and 922((3); 27 CFR 478.29]

 

In Illinois, there is an exception for long guns that can be purchased directly from an FFL in any state that borders Illinois. But you will still have to abide by the 24 hour waiting period.

[solareclipse2]

I believe federal law requires that out of state firearm sales follow the laws of both states.

 

I think this is probably the only response that answer's OP's question but do you have a source?

 

I've often wondered why places in Indiana give a care about my FOID too.

[Anonymous One]

 

I believe federal law requires that out of state firearm sales follow the laws of both states.

 

I think this is probably the only response that answer's OP's question but do you have a source?

 

I've often wondered why places in Indiana give a care about my FOID too.

 

 

Check my post right above yours. The citation is directly from the ATF's website.

[RandyP]

Across-the-border stores have lawyers who rightly advise their clients to cover their buttocks and implement store policies with that purpose in mind. Better to self-police Illinois' stupid laws than end up on the nightly news as the source of guns/ammo used by a criminal from 'across-the-border'.

 

Ever been 'carded' at an Indiana fireworks store to make certain you were NOT from Indiana? I have.

[Glock23]

In Illinois, there is an exception for long guns that can be purchased directly from an FFL in any state that borders Illinois. But you will still have to abide by the 24 hour waiting period.

 

Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky.

This exception is irrelevant, as there is no prohibition preventing purchase from other states that don't border Illinois.You can buy a long gun from any state which will sell to non-residents. There's an ATF newsletter that's been posted here a few times which states as much.

[Anonymous One]

 

In Illinois, there is an exception for long guns that can be purchased directly from an FFL in any state that borders Illinois. But you will still have to abide by the 24 hour waiting period.

 

Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky.

This exception is irrelevant, as there is no prohibition preventing purchase from other states that don't border Illinois.

 

You can buy a long gun from any state which will sell to non-residents. There's an ATF newsletter that's been posted here a few times which states as much.

 

 

If this is the ATF Newsletter that you refer to, https://www.atf.gov/file/56416/download, then you're partially correct. Until Illinois is dragged into the 21st century, the Illinois law re: contiguous state purchases is still on the books and you would be in violation if you bought a long gun in a non-contiguous state..

[solareclipse2]

 

Ever been 'carded' at an Indiana fireworks store to make certain you were NOT from Indiana? I have.

 

Nah. I shop at the places who don't care.

[SiliconSorcerer]

 

This exception is irrelevant, as there is no prohibition preventing purchase from other states that don't border Illinois.

You can buy a long gun from any state which will sell to non-residents. There's an ATF newsletter that's been posted here a few times which states as much.

 

 

If this is the ATF Newsletter that you refer to, https://www.atf.gov/file/56416/download, then you're partially correct. Until Illinois is dragged into the 21st century, the Illinois law re: contiguous state purchases is still on the books and you would be in violation if you bought a long gun in a non-contiguous state..

 

the correct answer

[mauserme]

Glock23 is correct.

 

From the source cited:

 

Historically, prior to the 1986 amendments to the

GCA, many States enacted provisions in their laws

that allowed their residents to acquire a long gun in

a contiguous State. For the most part, these State

law provisions were modeled after the contiguous

state provisions of the GCA. However, even

though the GCA was amended in 1986 to allow

the sale of long guns to residents of any State

pursuant to the conditions cited above, many States

have not yet amended their laws to reflect similar

language. ATF takes the position that if the laws

of a given State allow its residents to acquire a long

gun in a contiguous State, those laws also allow its

residents to acquire a long gun in any other State

where the laws of that State permit such

transactions, unless the language contained in that

States law expressly prohibits it residents from

acquiring a firearm outside that State. Questions

regarding particular State law provisions should be

referred to your local ATF office.

Since the language in Illinois' statute does allow long gun purchases in contigous states, the ATF's current position, post-1986 amendments, is that the state from which the long gun is purchased need not be contiguous.

[Glock23]

 

 

 

In Illinois, there is an exception for long guns that can be purchased directly from an FFL in any state that borders Illinois. But you will still have to abide by the 24 hour waiting period.

 

 

Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky.

 

This exception is irrelevant, as there is no prohibition preventing purchase from other states that don't border Illinois.

You can buy a long gun from any state which will sell to non-residents. There's an ATF newsletter that's been posted here a few times which states as much.

 

 

 

 

If this is the ATF Newsletter that you refer to, https://www.atf.gov/file/56416/download, then you're partially correct. Until Illinois is dragged into the 21st century, the Illinois law re: contiguous state purchases is still on the books and you would be in violation if you bought a long gun in a non-contiguous state..

 

Page 2, paragraph 2.

 

Otherwise, show me where Illinois law prohibits purchasing long guns in non-contiguous states.

 

[Anonymous One]

Glock23 is correct.

 

From the source cited:

 

Historically, prior to the 1986 amendments to the

GCA, many States enacted provisions in their laws

that allowed their residents to acquire a long gun in

a contiguous State. For the most part, these State

law provisions were modeled after the contiguous

state provisions of the GCA. However, even

though the GCA was amended in 1986 to allow

the sale of long guns to residents of any State

pursuant to the conditions cited above, many States

have not yet amended their laws to reflect similar

language. ATF takes the position that if the laws

of a given State allow its residents to acquire a long

gun in a contiguous State, those laws also allow its

residents to acquire a long gun in any other State

where the laws of that State permit such

transactions, unless the language contained in that

States law expressly prohibits it residents from

acquiring a firearm outside that State. Questions

regarding particular State law provisions should be

referred to your local ATF office.

Since the language in Illinois' statute does allow long gun purchases in contigous states, the ATF's current position, post-1986 amendments, is that the state from which the long gun is purchased need not be contiguous.

 

 

That may be the case for the rest of the US but the contiguous state law is still on the books here. You are aware that a state can enact and enforce a more stringent law than the commensurate federal law, but a state can't enact a more lenient version. Given that the contiguous state law is still on the books in Illinois, are you advocating that it's perfectly legal under Illinois to go to a non-contiguous state and purchase a long gun? If so, please cite the Illinois law that permits non-contiguous state long gun purchases.

[Anonymous One]

 

 

 

In Illinois, there is an exception for long guns that can be purchased directly from an FFL in any state that borders Illinois. But you will still have to abide by the 24 hour waiting period.

 

 

Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky.

 

This exception is irrelevant, as there is no prohibition preventing purchase from other states that don't border Illinois.

You can buy a long gun from any state which will sell to non-residents. There's an ATF newsletter that's been posted here a few times which states as much.

 

 

 

 

If this is the ATF Newsletter that you refer to, https://www.atf.gov/file/56416/download, then you're partially correct. Until Illinois is dragged into the 21st century, the Illinois law re: contiguous state purchases is still on the books and you would be in violation if you bought a long gun in a non-contiguous state..

Page 2, paragraph 2.

 

Otherwise, show me where Illinois law prohibits purchasing long guns in non-contiguous states.

 

 

What is it about this that is confusing: Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky. If Illinois allows non-contiguous state long gun purchases, what is the purpose for specifically identifying the states where an Illinois resident can legally purchase a long gun?

[mauserme]

As explained in the ATF publication, language was adopted by some states to carve an exception out of a Federal prohibition on purchasing long guns in other than one's own state. That Federal prohibition was amended in 1986 so that permissive state language was no longer necessary.

 

Keep in mind that activities that are not made illegal, are legal. Illinois' law prohibits nothing in regard purchasing long guns out of state.

[Anonymous One]

As explained in the ATF publication, language was adopted by some states to carve an exception out of a Federal prohibition on purchasing long guns in other than one's own state. That Federal prohibition was amended in 1986 so that permissive state language was no longer necessary.

 

Keep in mind that activities that are not made illegal, are legal. Illinois' law prohibits nothing in regard purchasing long guns out of state.

 

It's not permissive language that's in question. It's exactly the opposite language; restrictive language. If you were correct, there would be no need for the language to be in the Illinois statutes. So please explain why that language remains in place. (It still shows up in the most recent CD/ROM that I received from the ATF.) If what you say is correct, the law would be silent thereby making it legal to buy a long gun anywhere in the US. But the statute is not silent. It plainly states where a long gun may be purchased. By stating where an Illinois resident can legally purchase a long gun, the other states are excluded by omission.

[Glock23]

That's not how laws work.

 

For that list of states to be the only legal states, it would have to be an exception to a STATED prohibition of buying long guns out of state.

[mauserme]

It's not permissive language that's in question. It's exactly the opposite language; restrictive language. If you were correct, there would be no need for the language to be in the Illinois statutes. So please explain why that language remains in place. (It still shows up in the most recent CD/ROM that I received from the ATF.) If what you say is correct, the law would be silent thereby making it legal to buy a long gun anywhere in the US. But the statute is not silent. It plainly states where a long gun may be purchased. By stating where an Illinois resident can legally purchase a long gun, the other states are excluded by omission.

 

The explanation is again given by the ATF:

 

Historically, prior to the 1986 amendments to the

GCA, many States enacted provisions in their laws

that allowed their residents to acquire a long gun in

a contiguous State. For the most part, these State

law provisions were modeled after the contiguous

state provisions of the GCA. However, even

though the GCA was amended in 1986 to allow

the sale of long guns to residents of any State

pursuant to the conditions cited above, many States

have not yet amended their laws to reflect similar

language. ATF takes the position that if the laws

of a given State allow its residents to acquire a long

gun in a contiguous State, those laws also allow its

residents to acquire a long gun in any other State

where the laws of that State permit such

transactions, unless the language contained in that

States law expressly prohibits it residents from

acquiring a firearm outside that State. Questions

regarding particular State law provisions should be

referred to your local ATF office.

In other words, in those states that adopted permissive language it made sense when it was adopted. Some have simply never removed it.

 

The cynical side of me says certain legislators don't mind the confusion at all.

[Anonymous One]

I contacted the Illinois Attorney General through their website and asked specifically if buying a long gun in a non-contiguous state is illegal for an Illinois resident. The following is the response that I received:

 

Dear Mr.,

The language in the statute is straightforward, but if you wish for clarification, feel free to contact the Illinois State Police Firearms Services Bureau at 217-782-7980.

Mike Matulis

Director, Constituent Services

Illinois Attorney General

217-782-9394

Since I have received this email, I have attempted to call the ISP FSB multiple times with no luck. After you go through their automated phone system, all you here is "Goodbye". I will keep trying to get a response from them and I will post the results here.

[Glock23]

Again, there is no stated prohibition (because that's how laws work) on buying long guns from non-contiguous states. There is also no stated penalty for buying from a non-contiguous state.

[InterestedBystander]

straightforward *LOL*

 

...and I will not be surprised if they tell you they don't provide legal advice, although I suppose they might give you their interpretation of it.

[quackersmacker]

Again, there is no stated prohibition (because that's how laws work) on buying long guns from non-contiguous states. There is also no stated penalty for buying from a non-contiguous state.

You are correct, Sir! Just because ILLannoy specifically allowed the contiguous states does not mean that other states are prohibited, unless specifically so stated in a statute, which in this case is non-existent. This is not legal rocket science. As you said, this IS how the law works.

[mauserme]

...

Since I have received this email, I have attempted to call the ISP FSB multiple times with no luck. After you go through their automated phone system, all you here is "Goodbye". I will keep trying to get a response from them and I will post the results here.

Unless you also hope the law becomes more restrictive I'd ask you to reconsider this.