Why do we have FOID Cards?

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It's because of Illinois state forcing residents to have FOID cards that my father had all his guns confiscated and became a convicted felon. He lost his FFL license too all because Illinois decided to revoke his FOID card for no reason.
 
Something I've always wondered about Illinois and the FOID is this:

I live in St. Louis. If I were to walk into a gun store in Illinois, could I buy a rifle or ammunition since I do't have a FOID?
Yes, you can buy a rifle or a shotgun and you don't have the 24 hour waiting period us Illinoisans have, you can walk out with it, all you need is your Missouri drivers license. I go to gun shows in Belleville, IL., and Collinsville, IL., and we joke around with our gun buddies from Missouri, saying, ......"Boy, it must be nice to live in a free state." As far as handgun purchases I think you have to have them shipped to a Missouri FFL dealer, but I could be wrong on that. Anyone else know for sure?

For great deals on ammo, check out Ron & Jo's Firearms in Fairview Heights, IL. They put Cabelas and Bass Pro to shame!
 
Pat Quinn is just another part of the "machine". We won't benefit from him taking office.
 
It's because of Illinois state forcing residents to have FOID cards that my father had all his guns confiscated and became a convicted felon.

So which of these violations did your father commit?
http://www.ilga.gov/legislation/ilc...ctName=Firearm+Owners+Identification+Card+Act.
(430 ILCS 65/14) (from Ch. 38, par. 83‑14)
Sec. 14. Sentence.
(a) A violation of paragraph (1) of subsection (a) of Section 2, when the person's Firearm Owner's Identification Card is expired but the person is not otherwise disqualified from renewing the card, is a Class A misdemeanor.
(b) Except as provided in subsection (a) with respect to an expired card, a violation of paragraph (1) of subsection (a) of Section 2 is a Class A misdemeanor when the person does not possess a currently valid Firearm Owner's Identification Card, but is otherwise eligible under this Act. A second or subsequent violation is a Class 4 felony.
(c) A violation of paragraph (1) of subsection (a) of Section 2 is a Class 3 felony when:
(1) the person's Firearm Owner's Identification Card is revoked or subject to revocation under Section 8; or
(2) the person's Firearm Owner's Identification Card is expired and not otherwise eligible for renewal under this Act; or
(3) the person does not possess a currently valid Firearm Owner's Identification Card, and the person is not otherwise eligible under this Act.
(d) A violation of subsection (a) of Section 3 is a Class 4 felony. A third or subsequent conviction is a Class 1 felony.
(d‑5) Any person who knowingly enters false information on an application for a Firearm Owner's Identification Card, who knowingly gives a false answer to any question on the application, or who knowingly submits false evidence in connection with an application is guilty of a Class 2 felony.
(e) Except as provided by Section 6.1 of this Act, any other violation of this Act is a Class A misdemeanor.
(Source: P.A. 91‑694, eff. 4‑13‑00; 92‑414, eff. 1‑1‑02; 92‑442, eff. 8‑17‑01; 92‑651, eff. 7‑11‑02.)

It's not really possible to commit a felony violation of the FOID act inadvertently. As much as I hate the FOID card I suspect there is a bit more to the story.

For the rest of you sitting here wasting bandwidth and whining about the law, I'd like to ask why you aren't doing anything about it? You see if you actually read the law, you'll find this little gem:

(430 ILCS 65/16) (from Ch. 38, par. 83‑16)
Sec. 16. When 2% of the number of registered voters in the State desire to pass upon the question of whether the General Assembly should repeal this Act regulating the acquisition, possession and transfer of firearms and firearm ammunition, they shall, at least 78 days before a regular election to be held throughout the State, file in the office of the State Board of Elections, a petition directed to the Board in accordance with the general election law. The petition shall be composed of county petitions from each of the counties throughout the State and each county petition shall contain the signatures of at least 2% of the number of registered voters in the county. The petition shall request that the question "Should the General Assembly repeal the Act entitled 'An Act relating to the acquisition, possession and transfer of firearms and firearm ammunition, to provide a penalty for the violation thereof and to make an appropriation in connection therewith,' approved August 3, 1967, as amended?" be submitted to the voters of the State at the next ensuing State‑wide election at which such question may be acted upon.
(Source: P.A. 81‑1489.)

(430 ILCS 65/16.1) (from Ch. 38, par. 83‑16.1)
Sec. 16.1. A petition for the submission of the proposition shall be in substantially the following form:
To the State Board of Elections
The undersigned, residents and registered voters of the State of Illinois, respectfully petition that you cause to be submitted, in the manner provided by the general election law to the voters of the State of Illinois, at the next State‑wide election, the proposition "Should the General Assembly repeal an Act entitled 'An Act relating to the acquisition, possession and transfer of firearms and firearm ammunition, to provide a penalty for the violation thereof and to make an appropriation in connection therewith', approved August 3, 1967, as amended?"
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
Such petition shall conform to the requirements of the general election law. The Board shall certify the question to the proper election officials who shall submit the question at an election in accordance with the general election law. Upon request of any citizen for a reproduced copy of the petition and paying or tendering to the State Board of Elections the costs of making the copy, the Board shall immediately make, or cause to be made a reproduced copy of such petition. The Board shall also deliver to such person his official certification that such copy is a true copy of the original, stating the day when such original was filed in its office.
(Source: P.A. 81‑1489.)

(430 ILCS 65/16‑3) (from Ch. 38, par. 83‑16.3)
Sec. 16‑3. The Secretary of State shall cause the question to be plainly printed upon separate ballots as follows:
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
Should the General Assembly repeal the Act
entitled "An Act relating to the acquisition, YES
possession and transfer of firearms and
firearm ammunition, to provide a penalty ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
for the violation thereof and to make an
appropriation in connection therewith", NO
approved August 3, 1967, as amended?
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
(Source: P.A. 77‑1819.)

I suppose the next time I cruise through the forums I'll see a thread in activism about circulating petitions....But I won't be shocked if I don't :rolleyes: .
 
Wasn't the FOID process developed in response to race riots and the fear that black people were going to buy guns to use against white people? I'm pretty sure that I read something about this on THR in the past year. When were the major race riots in Chicago and when was FOID developed? That might be the correlation.

It's not just a stupid law; it's a stupid racist law.
 
Source (#1 and #2):

Andrew McClurg, David Kopel, and Brannon Denning. Gun Control & Gun Rights. New York: New York University, 2002.


You have FOIDs because:

1) Barron v. Baltimore (32 US 243 (1833))

It ruled that The Bill of Rights only restrict Federal action and do not apply to state action. This idea is central to ALL laws regarding the regulation of rights in this country. Under this ruling, only the state constitutions enumerate rights and any limitations to those rights. Therefore, if the right to keep and bear arms does not exist in a constitution, then the citizens of that state do not have that right. Any law restricting arms is valid in such a state under the system as currently implemented.

2) SCOTUS policy of "selective incorporation" into the 14th Amendment to The Constitution.

This policy focuses upon the evaluation of a right on a case by case basis. SCOTUS decides whether or not a freedom is "sufficiently fundamental" to be included under 14th Amendment protection. They are answering the question of whether or not the right should be included under due process of law to make it binding on the states.

3) Illinois State Constitution:

SECTION 22. RIGHT TO ARMS
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.

Source: http://www.ilga.gov/commission/lrb/con1.htm

The state constitution states your right to arms is subject to police power.

"In 1968, Illinois enacted legislation to promote and protect the health, safety and welfare of the public by providing a system of identifying persons who are not qualified to acquire or possess firearms and firearm ammunition within the State of Illinois. The Firearm Owner's Identification (FOID) Act established a practical and workable system to identify persons prohibited by Section 24-3.1 of the "Criminal Code of 1961" as amended, from acquiring or possessing firearms and firearm ammunition. The Illinois State Police was given the responsibility of administering the Act."

"There are approximately 1.2 million valid FOID card holders. Approximately 210,000-220,000 applications are processed annually by the Firearms Services Bureau. In 2002, 4,642 applications were denied and 6,926 FOID cards were revoked as a result of the extensive review process which identifies individuals whom are prohibited from possessing or acquiring firearms and firearm ammunition."

"All Illinois residents who buy or possess firearms are required by law to have a valid FOID card. FOID applications can be obtained from any firearm's dealer, law enforcement agency, or printed from the Internet. FOID cards are valid for 10 years from the date of issuance. To obtain a FOID card, complete an application and forward it along with a $10.00 fee and a photograph to the Illinois State Police, Firearm Owner's Identification Unit, Post Office Box 19233, Springfield, Illinois 62794-9233."

Source: http://www.isp.state.il.us/foid/


What is the source of police power? The state. I think Presser v. Illinois applies. The following is my opinion (from an article I'm currently writing. The quoted ruling is from Kopel, et al.).

The 1833 decision in Barron v. Baltimore directly affected another SCOTUS decision in 1886 in Presser v. Illinois (116 US 252 (1886)). The central theme of the case surrounded Presser's violation of a state statute prohibiting groups of men from forming a military organization. As part of this ruling, the court ruled:

"The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow-citizens of the rights it recognizes to...the 'powers which relate to merely municipal legislation, or what was perhaps more properly called internal police,' 'not surrendered or restrained' by the constitution of the United States...."

The court blatently states that we must rely upon police protection and that The Constitution does not apply (additional case law in all 50 states precludes the states from liability in case of police failure (6)). This directly contradicts the supremacy clause in Article VI. Additionally, the court has not incorporated the second amendment into the fourteenth amendment, though it certainly had the opportunity to do so in Heller v. DC.

Unfortunately, I think the police power bit has been stretched to include licensing. Even if it applied to Illinois, Heller supports this interpretation of the RKBA under Illinois' constitution. However, the license "...must be forthcoming". However, they have also seen fit to expand this power (not a right; states don't have rights, they have powers) to include bans on weapons. Fortunately, Heller does define a limit...but ONLY at the Federal level.
 
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I have a C&R FFL and close to where my mother lives in Illinois they have a gun Auction at thanksgiving every year. One year I bought some guns under my license and while visiting my mother I wanted to clean them up. I go off to Walmart. Check out the sporting goods section and pick up some Hoppes and brushes, patches etc. The checkout person tells me I cannot buy these items because I have no FOID?? No weapons no ammo just cleaning supplies.

Chicago and New York need to become their own states.

And I though the capitol of Illinois was Springfield so why is the governor always in Chicago? Shouldn't he be required to live in Springfield?
 
HorseSoldier, I don't even know what to say.

subknave, that's a great example of an employee that has NO idea what they are doing. Trust me, I suggest Illinois split into 2 states all the time. Mod, please don't lock the thread for this.
 
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I admit I'm out of the loop when it comes to new laws. Does anyone know if/when IL is going to start allowing CCW permits?

Also, as an Illinois resident am I allowed to have a unloaded pistol with a loaded mag. next to it under the seat of my car inside a small zippered pouch?
 
FYI, I have bought ammo in IL without a FOID card. If you are from out of state you do not need a silly FOID card to buy ammo, just an out of state DL. That Wal-Mart clerk didn't have a clue. Just like if a non-res hunts in IL you do not need a card.
 
The Ill State Police interpretation of the law states...


"In 1968, Illinois enacted legislation to promote and protect the health, safety and welfare of the public by providing a system of identifying persons who are not qualified to acquire or possess firearms and firearm ammunition within the State of Illinois. The Firearm Owner's Identification (FOID) Act established a practical and workable system to identify persons prohibited by Section 24-3.1 of the "Criminal Code of 1961" as amended, from acquiring or possessing firearms and firearm ammunition. The Illinois State Police was given the responsibility of administering the Act."

To me this means that people NOT qualified should carry a card stating same.
I think this should be addressed by the courts.
All qualified gun owners are restricted from carrying an FOID.
p
 
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Good point, sorry...
I mistook the ISP interpretation of the law for the actual law.
Still, I can wish, can't I?:)
p
 
It's because of Illinois state forcing residents to have FOID cards that my father had all his guns confiscated and became a convicted felon. He lost his FFL license too all because Illinois decided to revoke his FOID card for no reason.
The ISP is known for taking action against FOID card holders that is of dubious legality, but there is usually some reason behind it.

If his FOID card was revoked, he needed to get the guns into the hands of someone who could legally own them to protect himself from legal issues while he worked out the FOID card problem.

I am suspicious that there is more to this than you are admitting.
 
Also, as an Illinois resident am I allowed to have a unloaded pistol with a loaded mag. next to it under the seat of my car inside a small zippered pouch?
If the case meets the standards of both the UUW act and the wildlife code, then it is legal. That does not mean you won't be arrested and charged for it, even though every law enforcement agency in the state is well aware of the legality of such a situation. Some just do not care.

There are also a few cities (such as Chicago) that have more restrictive ordinances.

<added> and don't forget the public places restriction. you can't bring a gun to a publically owned location (or one supported by publicmoney) without written permission.
 
BridgeDr, it has to be in a gun case. I'm also not sure but it might have to be out of reach. I know a guy that keeps a gun like what you are asking under his seat. Honestly, put it in the console or something like that.
 
Yeah, don't expect Illinois to get CCW any time soon. Maybe Chicago would allow it when the Cubs win the World Series.
 
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