Death, IL gun transfer, to IL FOID holder.

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  • Dosproduction

    Master
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    Aug 25, 2013
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    Porter County
    So this is in regards to someone I know who is a IL resident and has a valid FOID. His friend died and the wife wants him to have his gun. The wife does not have s FOID. Can he just take possession of the gun? Does the wife need to get a FOID she will never use again? What if there was no wife how would you "legally" transfer it? The quotes because FOIDs are illegal as far as I'm concerned. Thanks to anyone who knows the law in commie IL.
     

    04FXSTS

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    Dec 31, 2010
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    FOID was ruled unconstitutional a week or so ago.
    That was longer than that and it was structured to be a very narrow ruling that only involves that one instance. Illannoy is not giving up the FOID any time soon, in fact they keep talking about making it worse, think fingerprints that are $50.00 or more in Ill.
    I am a former resident of that horrible state and would say just pick up the pistol and nothing more said. The state has the FOID card crap but it does not register individual weapons only who can own them. If you sell or gift to other than a family member you are required to keep a record for 10 years. That ship has sailed and even the state of Illanoy would have a hard time going after a dead person for not saving the transfer information. The wife has no knowledge of this because she has no FOID and right now it is taking up to a year to get one.
    Unless your friend would lose the gun or have it stolen no one will ever be looking for this gun, it will disappear just like in a tragic boating accident. Jim.
     

    KLB

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    Sep 12, 2011
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    That was longer than that and it was structured to be a very narrow ruling that only involves that one instance. Illannoy is not giving up the FOID any time soon, in fact they keep talking about making it worse, think fingerprints that are $50.00 or more in Ill.
    I am a former resident of that horrible state and would say just pick up the pistol and nothing more said. The state has the FOID card crap but it does not register individual weapons only who can own them. If you sell or gift to other than a family member you are required to keep a record for 10 years. That ship has sailed and even the state of Illanoy would have a hard time going after a dead person for not saving the transfer information. The wife has no knowledge of this because she has no FOID and right now it is taking up to a year to get one.
    Unless your friend would lose the gun or have it stolen no one will ever be looking for this gun, it will disappear just like in a tragic boating accident. Jim.
    Actually it was just decided again last month. Same conclusion, and it doesn't sound like it will really apply to just that one person.

    In his ruling, Judge Webb stated, “A citizen in the State of Illinois is not born with a Second Amendment right. Nor does that right insure when a citizen turns 18 or 21 years of age. It is a façade. They only gain that right if they pay a $10 fee, complete the proper application, and submit a photograph. If the right to bear arms and self-defense are truly core rights, there should be no burden on the citizenry to enjoy those rights, especially within the confines and privacy of their own homes.

    "Accordingly, if a person does something themselves from being able to exercise being able to exercise that right, like being convicted of a felony or demonstrating mental illness, then and only then may the right be stripped from them.”

    It will be interesting to see if the IL Supreme Court tries to overrule this somehow. The first time they wimped out and sent it back down because of something the judge said

    Stanley wrote that if the statute is constitutional, “then it becomes obvious the legislature did not intend the statute to apply in one’s own home due to the impossibility of compliance.”

    They don't have that out this time. They are going to have to rule if it is appealed. If they say it is constitutional, I bet this goes up to the USSC.
     

    Dosproduction

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    Thanks for all the replies. I realize the "who would know" aspect. But was wondering what legally is supposed to happen. My friend attempts to be law abiding. But they sure don't make it easy, purposely I think.
     

    Cameramonkey

    www.thechosen.tv
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    May 12, 2013
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    I thought the husband gifted it to your buddy before he died

    If the gun wasnt registered with the state, this would be my response. I heard the same thing. ;)

    Enforcing transfers only works with forced and complied with registration. If the gun wasnt registered, there is nothing to prove when it was gifted.
     

    Khj

    Plinker
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    Jan 2, 2021
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    Indiana
    Hello all! I escaped Illinois, 1 year ago, as of May 15th. I had a similar situation many years ago. As stated above, there is no registration of guns, or serial numbers, in Illinois. The only time you have to list a serial number of the firearm, is if you are doing a person to person purchase of a firearm. FOID numbers are sent to the Illinois State Police web site, and you get a receipt number. Keep records for 10 years. Since the widow has no FOID, no big deal. ISP has no idea how many, or the serial numbers, of the firearms. She can sell, or give, the firearm to whoever she wants. What she should do however, is send her late husbands FOID card back to ISP, and just to cross all the T’s and dot the I’, is send a copy of the death certificate. Some may think this is over kill, but I know that this would not place a “spotlight “ on the deceased. This happened with me when I had a similar experience many years ago. Nobody from the state of Illinois ever came after the non FOID widow, and I still possess the firearm. Just my 2 cents.
     

    schmart

    Sharpshooter
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    Nov 10, 2014
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    Thanks for all the replies. I realize the "who would know" aspect. But was wondering what legally is supposed to happen. My friend attempts to be law abiding. But they sure don't make it easy, purposely I think.
    I recently went through a similar situation with a Illinois friend who passed. Obviously firearms I purchased from the estate had to go through an FFL, but even for in-state transfers to other friends, the transfers had to go through IL State Police at minimum. They do not have the right to just hand over the firearms as we do here in Indiana. She did everything fully legal and got a FFL who assisted with the transfers and make sure all the paperwork was in order.


    --Rick
     
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