legalities of carrying family estate long guns to Illinois

[shibumiseeker]

My mother's husband is dying, maybe has a week left (he and I were never close, I have nothing against him, and he and my mom have been seperated for several years but are still on good terms). As I will be helping clean the house out (they've lived apart for a few years now), mom and I talked about the disposition of his guns. To the best of our knowledge no handguns, but several rifles/shotguns, some of which are specifically named in his will as going to his sister who lives in Illinois. She's coming over in the next few days and will be back for the funeral. She's not a gun person, but the guns specifically listed are his family's heirlooms so she feels obligated to keep them then pass them on to whomever is next in line in the family.

I am REASONABLY sure that she can transport them back to her home in Illinois unloaded without a FOID, but since she is not a gun person, I'd like to be able to print out any relevant statutes for her so she's sure of her ground in case she gets stopped/in an accident/whatever.

Any help from the group mind? Like I said, I'm reasonably sure, but would prefer to be able to quote chapter and verse of the Illinois statutes.

 

[03A3]

Not chapter and verse of Illinois statute but...
You can Google NRA ILA, then click on Interstate Travel.
Illinois law is there.
She should not have any trouble.
Hope this helps.

 

[shibumiseeker]

Not chapter and verse of Illinois statute but...
You can Google NRA ILA, then click on Interstate Travel.
Illinois law is there.
She should not have any trouble.
Hope this helps.

My reading of http://www.nraila.org/statelawpdfs/ILSL.pdf makes it sound like she (an Illinois resident) will need a FOID to even possess a long gun let alone transport it. I fully acknowledge I may be dense in my reading here.
???

 

[6birds]

PM inbound

 

[mrjarrell]

As I understand the Illinois system she will need a FOID to possess them. I don't think there's a lot of wiggle room. Now, as for what I'd do....silence is golden.

 

[shibumiseeker]

As I understand the Illinois system she will need a FOID to possess them. I don't think there's a lot of wiggle room. Now, as for what I'd do....silence is golden.

Yeah, both what you say and what 6birds advised jibes with my reading of the NRA-ILA Illinois quick guide, so it sounds like we need to find someone in his family who has a FOID to hold on to them and for me to transport them over there next time I am going to Illinois. Yick, I've always hated Illinois gun laws.

Thanks for the clarification folks.

 

[mrjarrell]

And, don't forget to inform her that the person she's giving these too eventually, will also need an FOID. If they don't have one then she could be in deep stuff. I also hate Illinois...and its gun laws.

 

[RearFlankDowndraft]

If she's an IL resident she will absolutely need a FOID to transport or even possess firearms inside IL. Doesn't matter handgun or long gun.

 

[kludge]

She needs an FOID... BEFORE... she takes the guns back to Illinois.

I would recommend to find a place to store them here in Indiana until then.

If this was almost any other state she could just drive home with them.

 

[shibumiseeker]

Thanks everyone for the information. I've printed out the NRA-ILA quick guide for her, she can decide how to deal with it. I'll hold onto the guns until she figures out disposition. I doubt she'll want to deal with it right away.

 

[sloughfoot]

Like she doesn't already have a life changing event happening. She is losing her brother for Pete's sake....

I hate Illinois...

 

[kboom524]

Just read the Illinois laws. They realy suck!!
Another reason I'm glad I'm an IN Gun Owner.

 

[CountryBoy19]

I could be mistaken here, but IIRC, inheritance of a gun is treated the same as the sale of a gun and therefore because it is crossing state-lines would need to be transferred via FFL wouldn't it?

 

[shibumiseeker]

I could be mistaken here, but IIRC, inheritance of a gun is treated the same as the sale of a gun and therefore because it is crossing state-lines would need to be transferred via FFL wouldn't it?

<D'OH!>

Oh man, I hadn't even thought about that. Since my mom is the executor of the will she'd be responsible as well! Time to consult the ATF.

 

[jedi]

OP since for the short-term the long guns will be staying in IN while the families get FOIDs, figure out how to get them to IL (if they plan on doing that, etc..) I would recommend you take pics (lots of them with a digital camera) of all the guns you will have in storage for them.

Why? Cause you never know if say 2 years from now when they come pick them up they will say "he this gun was not like this before, or where is xyz gun, etc...". Yes 99% of the people (family or not) won't do this but you need to CYA on this. So having pics you can send them and keep copies for yourself (digital cameras are great for this) is one way to invenotry the items and ensure all parties know what you are holding for them.

 

[shibumiseeker]

OP since for the short-term the long guns will be staying in IN while the families get FOIDs, figure out how to get them to IL (if they plan on doing that, etc..) I would recommend you take pics (lots of them with a digital camera) of all the guns you will have in storage for them.

Why? Cause you never know if say 2 years from now when they come pick them up they will say "he this gun was not like this before, or where is xyz gun, etc...". Yes 99% of the people (family or not) won't do this but you need to CYA on this. So having pics you can send them and keep copies for yourself (digital cameras are great for this) is one way to invenotry the items and ensure all parties know what you are holding for them.

Good idea. I'm not that worried about it since this is a very low drama family on all sides, but it's cheap insurance and will take very little time.

 

[EvilleDoug]

I don't have anything constructive to add to your request for guidance, but I would like to send my condolences to you and your mom.

Take care and good luck with getting the Long Guns taken care of.

Doug

 

[Indy_Guy_77]

If firearms are specifically enumerated in the will, then THOSE firearms, and those firearms alone, are exempt from FFL transfer.

Any and all others are NOT exempt and would need transferred by an FFL.

-J-

 

[shibumiseeker]

If firearms are specifically enumerated in the will, then THOSE firearms, and those firearms alone, are exempt from FFL transfer.

Any and all others are NOT exempt and would need transferred by an FFL.

-J-

Do you have a reference citation for this? This would be good news as they are indeed referenced by model and serial number.

 

[cosermann]

I could be mistaken here, but IIRC, inheritance of a gun is treated the same as the sale of a gun and therefore because it is crossing state-lines would need to be transferred via FFL wouldn't it?

No, not necessarily , see the following references:

https://www.indianagunowners.com/fo...ion/41689-firearm_inheritance.html#post452035

Source:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

Excerpt for convenience:

"(3) for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;"

You inherit it, it becomes your gun. You go pickup your gun. You bring your gun home. That's the Federal perspective (and the way it should be).
As others have pointed out, the People's Republik of Illinois has it's own brand of lunacy which it imposes on its residents.