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Moving to IL: Will I have a problem getting a FOID card?


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Hello,

 

I am having a child with my wife and my father is giving me a townhouse in IL to move to. I was an addict to opiates, I got arrested for possession, I enrolled myself in a substance abuse program on my own self and did not finish it, was in for 1 year. It was made a condition of my having the case dropped to finish the program that I enrolled myself in. As I said, I did not finish but the court still ended up no processing the case and I did not get charged, charges were dropped. I still take suboxone/buprenorphine but I have not been an illegal drug user 5 years in September. My question is if I move to IL (hate to have to) and apply for a FOID card, will I be denied. If I go to a suboxone doctor to continue my medication that has helped me to remain clean and sober, will I get denied. As far as I understand substance abuse is not the same as mental health admission. I was not admitted to any program from court, I admitted myself before I even went to court. I have not had problems purchasing firearms in VA.

 

Thank you!

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It depends on what your criminal history says. The previous arrest and treatment may get you denied, but if you've been clean for 5 years, you should be able to appeal successfully. You won't know until/unless you try. However, since you've had no problems in VA, I suspect you won't have any problems in IL.

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My legal answer is "I'm not a lawyer". So neither I nor most of us KNOW if you will be denied by the "wonderful" State of Illinois, The State of Confusion, The State of Disorder, The State of Corruption and the State of Insanity in Power.  About all you 'can' do is apply, get a hunch, bet a bunch and see what happens. IF you end up being denied, there remains an appeal process that could take an eternity, but there is a process nonetheless.

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I would not move to this crappy state if at all possible. It is terrible place and it will not get better any time soon. You didn't say where you were moving too , and that can help some. The further south is better.

 

As mentioned before, you will just have to move here, and at the proper time apply and see what happens. I wish you the best of luck.

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On 6/22/2022 at 6:23 PM, ragsbo said:

I would not move to this crappy state if at all possible. It is terrible place and it will not get better any time soon. You didn't say where you were moving too , and that can help some. The further south is better.

 

As mentioned before, you will just have to move here, and at the proper time apply and see what happens. I wish you the best of luck.

I am hesitant to post on a public place where who or when I am coming. Nothing on you but I dont know what kind of gun grabbers are lurking looking to flag someone. I can say its in the northern area about 1 hour from Chicago where no extra capacity laws per county exist.

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IF I am denied, do I have to worry about the police knocking on my door to see what I have before I can change residency? I am also worried if I am approved and then get a local doctor so continue my prescription that foid will be revoked and I will have to surrender my arms at that point

Edited by lordinfamous
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FWIW - THIS forum is NOT the same as talking to a lawyer. Nor can anyone here offer anything but a personal opinion on YOUR situation. Frankly no one can be 'definitive' or claim to be 100% certain of the outcome of your potential application or future hypotheticals.

 

The BEST advice I would give a personal friend of MINE who said they wanted to move to Illinois would be..... Don't.

 

Only you can decide what's best for you. Definitely NOT total strangers on the internet. -lol

Edited by RandyP
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On 6/22/2022 at 5:34 PM, lordinfamous said:

I am hesitant to post on a public place where who or when I am coming. Nothing on you but I dont know what kind of gun grabbers are lurking looking to flag someone. I can say its in the northern area about 1 hour from Chicago where no extra capacity laws per county exist.

I understand your hesitancy. Smart to be that way! Best advice I have seen is to check your records and see what is there, then consult a lawyer who knows about such things. I am sure Molly could help you find one in the state. 

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On 6/22/2022 at 5:36 PM, lordinfamous said:

IF I am denied, do I have to worry about the police knocking on my door to see what I have before I can change residency? I am also worried if I am approved and then get a local doctor so continue my prescription that foid will be revoked and I will have to surrender my arms at that point

 

First off this is not legal advise, talk to a lawyer, but from having seen and knowning people that have had their FOID suspended/revoked or on bail/probation with the standard bail/probation clause that you reliquish any firearms, this is commonly given advice by many lawyers.

 

Have your wife get a FOID, and get a safe.  If anything happens to your FOID, lock all the guns (and ammo) in the safe with only her having the combination to open the safe and file the disposition record that you transfered the guns to her, or transfer them to someone else if you have any other family (with FOID cards) in the area that the safe can be installed.  As long as you file the disposition paperwork, and you do not have the combination to the safe (or access to the firearms if they are at a different address) and obviously don't handle the guns of ammo, then you no longer have "custody and control" and are meeting the letter of the law if your FOID is invalidated.

Edited by Flynn
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