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Posted

My wife's FOID and CCL were just suspended due to a (frivolous) emergency order of protection. She wasn't actually served yet but the portal shows them suspended. I think we need to transfer the one gun that she owns into my name and fill out a Firearm Disposition Record for it. What do we need to do to transfer it? We started to fill out the FOID/CCL Card Verification Portal, but it doesn't recognize her FOID number as the transferor (probably since it is suspended).  Since it is a transfer to a close relative (spouse), is it even necessary to do the verification portal?  Should we use her DL to fill it out instead of FOID?

 

Thanks for any help

Posted
The person transferring the firearm (your wife) doesn't need a verified FOID. The person receiving the firearm (you) does.

Also, you're not becoming the owner of the firearm. You're only taking it into your custody and control for the duration of whatever is going on. Just fill out the Firearm Disposition Form, and put the firearms (hers and yours) somewhere she can't get them (perhaps in a safe whose combination she doesn't know).
Posted

Thank you @Euler - that is helpful.

 

The stuff I have read about Karinas law that went into affect recently scared me so I got everything out of the house yesterday and stored it at a local gun store.  She was served with the emergency order of protection today and we were surprised that they did not ask for her FOID or about any firearms in the house.  The portal says her FOID is suspended, as opposed to being revoked - maybe there is a distinction there that makes a difference?

 

From https://isp.illinois.gov/Foid/FoidRevoked :

If your FOID card is suspended, you are still required to submit a Firearm Disposition Record (FDR) which can be found here, including surrendering your FOID card to law enforcement or a valid FOID cardholder.

 

So if she gives me her FOID to hold and submits the disposition form we are good?  There is a place on the form for "Law Enforcement Official’s Signature OR Notary Stamp, Signature and Date" but no related instructions - do we need to get it notarized?  I just want to make sure we are set up so she can get her FOID/CCL back when this nonsense is over.

 

Posted
There's no reason for you to hold her FOID. If the state wants it, it'll ask.

Similarly, for the Disposition Record, if the state wants it, it'll ask. There's no need for you to notarize it. The notary stamp is for the cops.

It could also be a good idea to talk to a lawyer. You definitely don't want to rely on the cops to tell you the law.

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