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Illinois handgun age limit


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#1 Drelly01

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Posted 22 June 2021 - 01:43 PM

I've recently gotten my handgun confiscated temporarily from the local police and tried to retrieve it today and was told I'm not allowed to posses any firearm besides a shotgun until I'm 21 i am currently 20 years old, I've contacted and talked to multiple different people including molly who is well know and educated on this stuff that have told me any person between 18-21 may acquire a handgun  as long as its not from a licensed dealer or FFL and the person is also a resident of Illinois , I guess I'm just looking for the real answer so that i can figure out what i need to do to retrieve my handgun anyone got any ideas ?



#2 ragsbo

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Posted 22 June 2021 - 01:57 PM

Talk to a lawyer would be the best advice. They would know what to do to remedy the situation



#3 Jeffrey

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Posted 22 June 2021 - 02:18 PM

Talk to a lawyer would be the best advice. They would know what to do to remedy the situation

This.  

 

What is the reason for the confiscation to begin with?


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#4 bmyers

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Posted 23 June 2021 - 06:17 AM

One interesting thing about Illinois law, if a person is under 21 and their parents aren't qualified to have a gun, it disqualifies the individual. It is also interesting how the parents can be held liable for their adult child's actions for granting the ADULT (18 or older, but under 21) the right to posse a firearm. 

 

Just another reason to get rid of the FOID Act. 


Edited by bmyers, 23 June 2021 - 06:18 AM.

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#5 EdDinIL

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Posted 23 June 2021 - 07:19 AM

OP, even if the law is on your side, it's likely going to take a lawyer and possibly a judge to get your firearm back.  If the local PD are already of the opinion you're not supposed to have it, all the logic, reasoning, and quoting of state and local laws won't matter coming from you.  They'll find a way to hold on to it.  A legal threat, on the other hand, might dislodge it.

 

How close are you to your 21st birthday?  While any delay is a problem, if your birthday is coming up you may need to decide whether it's worth the fight to you. 


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#6 Craigcelia

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Posted 23 June 2021 - 08:57 AM

OP, even if the law is on your side, it's likely going to take a lawyer and possibly a judge to get your firearm back.  If the local PD are already of the opinion you're not supposed to have it, all the logic, reasoning, and quoting of state and local laws won't matter coming from you.  They'll find a way to hold on to it.  A legal threat, on the other hand, might dislodge it.

 

How close are you to your 21st birthday?  While any delay is a problem, if your birthday is coming up you may need to decide whether it's worth the fight to you. 

Good Advice!


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#7 Bitter Clinger

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Posted 23 June 2021 - 09:24 AM

Need more details about why your gun was confiscated to begin with.

 

If it was solely based on your age, maybe a lawyer would be the best route since you gun was unlawfully taken from you.



#8 GTX63

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Posted 23 June 2021 - 10:25 AM

Maybe you should enlist.



#9 mauserme

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Posted 23 June 2021 - 05:22 PM

I've recently gotten my handgun confiscated temporarily from the local police and tried to retrieve it today and was told I'm not allowed to posses any firearm besides a shotgun until I'm 21 i am currently 20 years old, I've contacted and talked to multiple different people including molly who is well know and educated on this stuff that have told me any person between 18-21 may acquire a handgun  as long as its not from a licensed dealer or FFL and the person is also a resident of Illinois , I guess I'm just looking for the real answer so that i can figure out what i need to do to retrieve my handgun anyone got any ideas ?


Distinctions are sometimes drawn between firearms of a size that can be concealed, which we normally think of as handguns, and those that are not readily concealed, those being long guns like rifles and shotguns.  There is, in Illinois law, an age based prohibition on possession of concealable firearms if there's a misdemeanor conviction other than a traffic violation.

 

But saying that you can possess only a shotgun doesn't make sense with any state or federal law I can know of.  Maybe there's something in local ordinance where you live to that effect.



#10 Bubbacs

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Posted 23 June 2021 - 06:36 PM

Went back to the top and was wondering why they took your handgun and how did they know you had one?

Did they just knock on the door and ask for it?

Were you carrying it?

I'm just not sure the local PD's are just knocking on doors willy nilly and taking handguns away.

None of which answers the question you pose, but you had to get to that spot somehow before they knew you were not 21 and had a handgun!


Edited by Bubbacs, 23 June 2021 - 06:36 PM.


#11 Drelly01

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Posted 24 June 2021 - 12:51 AM

Accidentally discharged the firearm inside their were no charges or anything file against me they gave me back all my belongings including my foid

#12 cope

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Posted 24 June 2021 - 01:35 AM

Just tell them it wasnt accidental....... you intentionally fired it in protest of Trump/racism/voting rights/etc .. or you could tell them you were firing it at a neighbor who says Covid vaccines are bad... they will return it immediately and probably give you extras



#13 Bubbacs

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Posted 24 June 2021 - 06:47 PM

Ah
The plot thickens
Was it the maid in the daycare
Or was it the butler in the library
So by accidental we are talking about it going off without a trigger pull?


#14 Molly B.

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Posted 24 June 2021 - 07:43 PM

The gentleman came here looking for help. Let's try to be nice. I'm sure he's kicking himself plenty.
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#15 soundguy

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Posted 24 June 2021 - 08:54 PM

I've recently gotten my handgun confiscated temporarily from the local police and tried to retrieve it today and was told I'm not allowed to posses any firearm besides a shotgun until I'm 21 i am currently 20 years old, I've contacted and talked to multiple different people including molly who is well know and educated on this stuff that have told me any person between 18-21 may acquire a handgun  as long as its not from a licensed dealer or FFL and the person is also a resident of Illinois , I guess I'm just looking for the real answer so that i can figure out what i need to do to retrieve my handgun anyone got any ideas ?

 

I can imagine why the authorities feel they cannot return your handgun until you are 21. I don't know if that is a legitimate concern. If they are able and willing to return it when you turn 21, that would probably be the path of lowest cost. Purchasing a replacement gun after you turn 21 would probably be the second less expensive option. If they would release it to a qualified parent, that could work. Hiring a lawyer should be you last resort... a new gun will probably be less expensive. If it has serious sentimental value... the lawyer may be a necessary final option.

 

Sorry for your trouble and best of luck in having your gun returned quickly!


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#16 Drelly01

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Posted 26 June 2021 - 03:45 PM

Doesn’t really matter what they feel lol or is that how do they’re job ? Instead of actually going by law

#17 Drelly01

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Posted 26 June 2021 - 03:48 PM

Just tell them it wasnt accidental....... you intentionally fired it in protest of Trump/racism/voting rights/etc .. or you could tell them you were firing it at a neighbor who says Covid vaccines are bad... they will return it immediately and probably give you extras


I’m sure they would

#18 soundguy

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Posted 26 June 2021 - 06:06 PM

Doesnt really matter what they feel lol or is that how do theyre job ? Instead of actually going by law

If they return it to you and something happened, no matter how unlikely that is, they would be at risk.

You might remember a couple years ago some downstate cops returned Guns to the father of a kid with issues saying dont give them back to him. Dad returned them when the kid moved to Tennessee and the kid shot up a Waffle House near Nashville and killed some folks, possibly while running around naked.

Im sure it sucks but unless you spend a bunch of cash litigating it, which could take longer than it will be until you are 21, they can probably legally stall the return process until after you are 21.

I feel like Im talking to you like I talk to my just turned 21 nephew although I tell him stuff like defund the police is stupid .

Time may take care of it for free. Litigation may be expensive.
Sometimes we get stuck and just have to live with it.

I am not an attorney and obviously you should probably consult one, perhaps one who deals with such matters on a regular basis.

Really, wishing you the best of luck.
I hope you get it back forthwith.

Edited by soundguy, 26 June 2021 - 06:15 PM.

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