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HB562 FOID Modernization Act - Complilation of Changes


Molly B.
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In regards to seller buyer and keeping records…. How does this apply to an out of state buyer or seller? How could Illinois enforce anything against an out of state citizen? If I come there and buy a firearm and go back home. FFL’s here aren’t required to keep records or report. And we aren’t required to keep records if I sell it here.

 

what if someone from Illinois, comes to Texas and I sell them a firearm. Legally in Texas I don’t have to check or view or do anything. (Although morally I should, and should to protect myself, but legally not required to do anything in Texas)

 

Illinois will be hard pressed to make me do anything here in Texas.

 

i have a Non-Resident Illinois CCL, but no FOID, so is it saying that a FFL as well as Private are not allowed to sell or transfer me a firearm?

 

what about a relative, giving me their firearm? Or through inheritance? When I am executor off the will. I could take the firearms to Texas. is Illinois even going to know? As far as I know, Illinois doesn’t require anyone to register their firearms. Correct?

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The GCA makes it illegal to purchase a handgun out of state.  Long guns can be purchased from an FFL by an out of state resident if neither the FFL's nor buyer's state makes it illegal.  The GCA does require the FLL to follow the laws of the buyer's state when doing the transfer.

 

The FOID Modernization Act requires that "Any person within this State who receives any firearm, ... shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer ...", but it doesn't specify where that licensed dealer must be located.  Since the transfer was necessarily done through an FFL because it was an out of state purchase it seems that this provision was met.

 

An inheritance, of course, would not necessarily follow those same procedures and the reporting requirement would be incumbent upon the person receiving the firearm, if an Illinois resident bringing the firearm back to Illinois.

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On 9/19/2021 at 4:03 PM, mauserme said:

 

The GCA makes it illegal to purchase a handgun out of state.  Long guns can be purchased from an FFL by an out of state resident if neither the FFL's nor buyer's state makes it illegal.  The GCA does require the FLL to follow the laws of the buyer's state when doing the transfer.

 

The FOID Modernization Act requires that "Any person within this State who receives any firearm, ... shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer ...", but it doesn't specify where that licensed dealer must be located.  Since the transfer was necessarily done through an FFL because it was an out of state purchase it seems that this provision was met.

 

An inheritance, of course, would not necessarily follow those same procedures and the reporting requirement would be incumbent upon the person receiving the firearm, if an Illinois resident bringing the firearm back to Illinois.

Except for Alaska, where a non-resident property owner can purchase any style of firearm.  As long as you have proof of property ownership and an Alaskan address, they never seemed to care.

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