Foid in the Federal court

[mab22]

On 7/8/2022 at 10:12 AM, John Q Public said:

Say I have a FOID, but my wife does not and I forget and leave ammo in the car. If the police found it and ask her if she was aware of the ammo being in the car, and she says no. She has not violated the FOID act. The assumption is that she did not know. The same for a legal firearm. The law states that they must, "knowingly violate." Does this mean the cop will know the law, or that they won't grab the gun/ammo and arrest her? If they do, there would be a good case for false arrest. 

 

As to how this would work with a loaded firearm...  I have no doubt, this would have to get sorted in court. I don't know that we have case law on it and I know of nothing in the CC or FOID which would deal with that issue. One would think, if they did not know, the same should apply, but with UUW law, and this being Illinois, well, I wouldn't hazard a guess without it being spelled out, or some court cases to have precedent.  

 

A short version of it can be found here:  https://www2.illinois.gov/dnr/hunting/documents/transportyourfirearmlegally.pdf

I get what your saying, but as they say in that DNR link, expect the officer to take it at face value, no FOID, they are going to arrest. Now that Highland park incident happened I will guarantee anyone is going down without a FOID. 

In cook county and I would suspect the northern part of Illinois, Police are 100% going to take it at face value and make the arrest, and now your going court and paying for attorneys. States attorney may drop on trying to prove knowingly, but by that time…. There is a lot of damage done already. 

 

Quote

if I leave a firearm in my vehicle (regardless of location) and a family mem- ber, without a FOID card, is driving the vehicle without me and is stopped by police and the firearm is found?
The law states a person must “knowingly” violate the law. The assumption in the question is that the family member was unaware of a firearm’s presence. However, at a traffic stop, you should expect the officer to handle the situation at face value, take enforcement action accordingly, and let the court settle the matter. Depending on the situation, the charge could be a Class 4 Felony.
Don’t put a family mem- ber in that position.

 

[John Q Public]

I understand what you are saying, but that would be false arrest, the law clearly states it's not a violation, so while they could do it, you could sue them for it. 

 

I also agree that it's not a good idea to let this happen, but what was asked is it it lawful if you do not know and the answer to that question is yes. 

 

I also said to get everyone a FOID, but again, it's not unlawful if you didn't know. Hopefully, in time, the FOID will go away anyway and the point will be moot. 

 

I think we have taken this off topic far enough.

 

Best,

 

JQ

[Texasgrillchef]

I think at this point.

 

Most of the police and prosecutors are being very careful on who they charge under the FOID act of various possession of firearms. Especially in the home. Even more especially after the Bruen case.

 

Sure they will absolutely charge you if your flagrantly breaking the FOID act law, or your a criminal with more firearms charges that can be filed.

 

But anything that is borderline, I think they are being a little extra cautious right now. Knowing that some with resources will gladly challenge it to the Supreme Court of IL or even the US.

 

In addition. A truly good lawyer, would stay the case pending outcome of several other cases. Especially if your out on “BOND”

 

The best thing though, is that everyone living in a household with firearms in the house that is old enough to get a FOID card, should get one. It’s the CYA rule.

 

Even though I live in a constitutional Carry state, my wife and I have a LTC/CCL. Why? Again the CYA rule. Having a LTC will always provide you with better legal protections then not having one, even in CC states.

 

One misnomer about CC states. In ever CC state, there are places you can go within that state that will require a permit even though your in a CC state. For example Maine. A CC state. Yet you are NOT allowed to carry in city, state, or national parks in Maine without a Maine LTC or one they recognize.