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Question About Holding Weapons Not Registered To Us


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Greetings all.

 

This is my first topic, kindly excuse my ignorance. I do not have a FOID card, but my wife does. My stepson is a county deputy and lives with us. My SIL recently finalized a divorce from her ex (not an evil guy, just a loser) whose card is revoked. She wants to move a rifle out of the house.

 

Can my wife keep the weapon at our house without transferring ownership, or should it be surrendered to LE? If its surrendered, how complex is the process to reclaim it?

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Why don't you let the Step Son Deputy hold the rifle until things can get sorted? Once surrendered, it can be tough to reclaim.

If he lives with you then that's really an easy decision.

Let him hold it, he's a LEO.

If the ex son in law wants it back then I would think he have to have it transferred through the ISP website.

IOWs the stepson LEO cannot legally give the rifle back to him knowing his FOID is revoked.

If he can prove that it's being transferred to someone with a legit FOID then he still has ownership but cannot possess it.

The question is length of time. https://www.ispfsb.com/Public/Firearms/FOID/RevokedFOIDCards.aspx?__cf_chl_jschl_tk__=326da1312de624a1f605cfba72aac8785457dfd1-1591199142-0-AaivC1Jrpg9ncy48T7Y82FRjIQzCAmy0DRBFTXCIlBJgfdGbTZi7EjYI-bLD_qQcFfKHhyz4CF_YCZC73TRVjG4bUmTt0e1kGFv9lgDTJVbyRUWtKaUnqzD0mXPgHOrKyAx_UcmeN-bQMy2zozPlCR3At_h6BW-55i9SbepvC-pJL1kpq3daX8T2O89W3sjpr6gvnHzxXlX8F3Hqp7jQ4_WNNbyKL_s0gzElN1pxmCLhpSqEsuX3w0Ak6JR2AXi8ENoSdfSmQPPm9gUvYHMMqUxQ6AmzxinN1ZFPx-GhTCwHcEivxC-SLNeUWl3iJhAyPO8rPepwPkfJXrWOwOITpcs

You have an interesting situation going on. What does your stepson think?

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You may be putting the Step Son Deputy in a position that he may not wish to be in with firearms and Non FOID card holders.

Whom ever has a valid FOID would need to keep the firearm locked and unaccessible to those without, denied, etc.

 

Does your SIL have a FOID card? If not then after he lost his FOID card he only has a few options and they are limited by time.

A legit ISP site transfer to the Step Son would be best regardless of whom may or may not want or get it back later. Remembering that he would want to take ownership of the firearm!

 

 

If he lost his FOID card and surrenders the firearm it is gone, gone, gone.

Make every effort to not shirt any laws and rules as anything picked up by the Leo’s will hamper your attempt to get a review of your own situation!

 

Good Luck, Welcome to the forums. Tic Tok the clock is running.......

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Title says registered to us but there is no registration in Illinois and you can lend weapons in Illinois without transferring ownership.

So they lend it to a FOID card holder, they have an issue, blah, blah they have something come up.

“Well who’s is the owner?” Well he is but he has No FOID as it was revoked! “But he lent it to me” So it’s still his?

 

Too many variables here.

Why is it we always look to skirt anything that we know about and not just follow the rules?

There are no lawyers on here giving out legal answers, everyone has a way around everything.......

I’m the registered owner of my firearms and my wife is the registered owner of hers, ask the ATF and look at the 4473. Not like a car title where both parties are listed as owners!

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Greetings all.

 

This is my first topic, kindly excuse my ignorance. I do not have a FOID card, but my wife does. My stepson is a county deputy and lives with us. My SIL recently finalized a divorce from her ex (not an evil guy, just a loser) whose card is revoked. She wants to move a rifle out of the house.

 

Can my wife keep the weapon at our house without transferring ownership, or should it be surrendered to LE? If its surrendered, how complex is the process to reclaim it?

 

Not at all legal advice...

 

Reading your post again, it seems like your wife or stepson could take the gun, as both are eligible to have one.

I might be concerned about you having access to it since you are currently not eligible.

 

The SILs EX is not eligible. Does the SIL have a FOID?

You can't return it to either of them if they are not eligible.

She shouldn't keep it without her own FOID.

 

If your eligible wife or stepson is holding on to it for the SIL until she is eligible, or wants it returned to her if she is eligible... it's probably (?) an OK thing for them to do.

 

If she's just trying to keep it away from the EX because maybe he wants it back, turn it in. Explain why she's turning it in and let the EX deal with it from there.

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Greetings all.

 

This is my first topic, kindly excuse my ignorance. I do not have a FOID card, but my wife does. My stepson is a county deputy and lives with us. My SIL recently finalized a divorce from her ex (not an evil guy, just a loser) whose card is revoked. She wants to move a rifle out of the house.

 

Can my wife keep the weapon at our house without transferring ownership, or should it be surrendered to LE? If its surrendered, how complex is the process to reclaim it?

 

Not at all legal advice...

 

Reading your post again, it seems like your wife or stepson could take the gun, as both are eligible to have one.

I might be concerned about you having access to it since you are currently not eligible.

 

The SILs EX is not eligible. Does the SIL have a FOID?

You can't return it to either of them if they are not eligible.

She shouldn't keep it without her own FOID.

 

If your eligible wife or stepson is holding on to it for the SIL until she is eligible, or wants it returned to her if she is eligible... it's probably (?) an OK thing for them to do.

 

If she's just trying to keep it away from the EX because maybe he wants it back, turn it in. Explain why she's turning it in and let the EX deal with it from there.

 

That's a good point I was going to bring up. Even if the ex shows up with someone who has a printout of the ISP transfer that their FOID is good, in the end I wouldn't take any chances.

Because chances could be that the ex gets the rifle back from person with FOID and uses on the SIL.

Since the deputy stepson seems to be in a tough spot, the only legal thing to do is hand the rifle over to the ISP.

They'll take it with a phone call and explanation.

The rifle wasn't transferred to the wife and is not in her house.

Therefore THE ILLINOIS STATE POLICE FIREARM DISPOSITION RECORD because of the revoked FOID would have to be forged and that's not legal.

Let the ex appeal his FOID revocation and reclaim the rifle.

Edited by Mick G
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Greetings all.

 

This is my first topic, kindly excuse my ignorance. I do not have a FOID card, but my wife does. My stepson is a county deputy and lives with us. My SIL recently finalized a divorce from her ex (not an evil guy, just a loser) whose card is revoked. She wants to move a rifle out of the house.

 

Can my wife keep the weapon at our house without transferring ownership, or should it be surrendered to LE? If its surrendered, how complex is the process to reclaim it?

Ex-husband owns the rifle. I’m appealing a FOID denial (+5 mental health prohibitor, will cover this in another topic, I know there’s a lot to read yet).

It's the ex-husband's choice what happens to the rifle, not the sister-in-law's. Disposing of someone's property without their permission is theft. Even if he doesn't have a FOID, it's still his property.

 

If the ex-husband doesn't have anyone with a FOID willing to hold the rifle for him, pretty much the sister-in-law's only choice (since she doesn't want it in her house) is to turn it over to the cops. Of course, if he consents to have your family hold it for him, then he does actually have someone with a FOID willing to hold it for him.

 

But it's his decision, not hers, to make.

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Greetings all.

 

This is my first topic, kindly excuse my ignorance. I do not have a FOID card, but my wife does. My stepson is a county deputy and lives with us. My SIL recently finalized a divorce from her ex (not an evil guy, just a loser) whose card is revoked. She wants to move a rifle out of the house.

 

Can my wife keep the weapon at our house without transferring ownership, or should it be surrendered to LE? If its surrendered, how complex is the process to reclaim it?

Ex-husband owns the rifle. I’m appealing a FOID denial (+5 mental health prohibitor, will cover this in another topic, I know there’s a lot to read yet).

It's the ex-husband's choice what happens to the rifle, not the sister-in-law's. Disposing of someone's property without their permission is theft. Even if he doesn't have a FOID, it's still his property.

 

If the ex-husband doesn't have anyone with a FOID willing to hold the rifle for him, pretty much the sister-in-law's only choice (since she doesn't want it in her house) is to turn it over to the cops. Of course, if he consents to have your family hold it for him, then he does actually have someone with a FOID willing to hold it for him.

 

But it's his decision, not hers, to make.

 

Since she does not want the rifle in what I presume is her house and the ex has a revoked FOID, there is nothing illegal about turning it over to the ISP.

She can say they knocked on the door and took it in response to the revoked FOID.

Let the ex deal with it, she can legally turn it over to the ISP.

He has had his FOID revoked and the ISP has every right to come get the card and any guns.

https://www.ispfsb.com/Public/Firearms/FOID/RevokedFOIDCards.aspx

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ISP = cops

Yes, whats your point?

The ex has a revoked FOID.

The SIL doesn't want the rifle in her house.

The law says he has to turn in the FOID to the police.

He also has to complete THE ILLINOIS STATE POLICE FIREARM DISPOSITION RECORD

How long does he have to turn in his FOID and get rid of any firearms?

Which is actually spelled out: You are required to comply with these requirements within 48 hours of receiving notice from the Illinois State Police (430 ILCS 65/9.5)

Did he receive notice? From the OP I would say yes.

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Yes, whats your point?

...

Did I imagine that I said

 

...

If the ex-husband doesn't have anyone with a FOID willing to hold the rifle for him, pretty much the sister-in-law's only choice (since she doesn't want it in her house) is to turn it over to the cops....

?

 

So we are both on the same page then, yes?

What threw me was ISP = cops.

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Sounds confusing... who owns the rifle?

 

You should get your FOID.

 

Confusing and or a little murky.

 

Good advice about the FOID. My wife doesn't shoot (yet). But she has a FOID, just so she could legally "posess" firearms should something happen to me.

So you currently "posess" but don't have a FOID?

 

 

 

My question is what kind of rifle is this? Unless it's very valuable or has significant sentimental value it's probably not with the trouble adding the complication to your already complicated situation.

 

Sell/consign it at a local shop (if legal) or turn in to the police.

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Sounds confusing... who owns the rifle?

 

You should get your FOID.

Confusing and or a little murky.

 

Good advice about the FOID. My wife doesn't shoot (yet). But she has a FOID, just so she could legally "posess" firearms should something happen to me.

So you currently "posess" but don't have a FOID?

 

 

 

My question is what kind of rifle is this? Unless it's very valuable or has significant sentimental value it's probably not with the trouble adding the complication to your already complicated situation.

 

Sell/consign it at a local shop (if legal) or turn in to the police.

 

Sell/consign it at a local shop (if legal) not legal, ex didn't transfer it and it's his gun that he should of taken care of in 48 hours.

Turn in to the police, legal and statute requires this to happen in 48 hours after FOID revocation notice received.

The whole thing is a mess with missing details, turn it in and be done with it.

Let cops check box "My firearms are being retained by a law enforcement entity."

Rifle is probably never seen again.

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