Why do we have FOID Cards?

[isp2605]

The Ill State Police interpretation of the law states...

ISP's interpretation? Nope, it's not an interpretation, it's the statute. If you'd bothered to look up the FOID statute you would have read that what you posted is quoted from 430 ILCS 65/1. Here's the statute. Look familar?

"(430 ILCS 65/1) (from Ch. 38, par. 83‑1)
Sec. 1. It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are not qualified to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a system of Firearm Owner's Identification Cards, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify those persons who are prohibited by Section 24‑3.1 of the "Criminal Code of 1961", as amended, from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers. "

 

[PILMAN]

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If his FOID card was revoked, he needed to get the guns into the hands of someone who could legally own them to protect himself from legal issues while he worked out the FOID card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

Nope, that is the truth. My mother had applied for a FOID so my father could transfer the firearms to her. My dad was bipolar and the state revoked his FOID card. I am glad I left that communist crap of a state, too bad I can't change my birth certificate.

 

[ilbob]

My dad was bipolar and the state revoked his FOID card.

So your father was deteremined to be mentally unstable and the state decided to take away his guns? And this is a bad thing?

 

[paul]

isp2605,

If this statute is written as it appears to be, why has noone pointed out, to the courts, the part where the FOID is meant to identify those prohibited from possessing firearms?

Am I missing something here?
Granted, I have not read the entire statute, so it may be addressed further on...

I'm curious if this has been used as a defense...

And, yes, I'll volunteer somebody else to be the test case.
p

 

[isp2605]

Not sure what your question is. FOID was passed in 1968. It's intent was "identifying persons who are not qualified to acquire or possess firearms...". If a person isn't legally qualified to possess a FOID then they aren't legally qualified to possess firearms. The questions on the FOID application are the same as asked on the 4473.

 

[PILMAN]

So your father was deteremined to be mentally unstable and the state decided to take away his guns? And this is a bad thing?

He was fine until the state took away his guns. Since when does a state have a right to declare who's mentally qualified? What happens when the state passes religion as a mental disease?

Just because someones bipolar doesn't mean they aren't mentally qualified to own guns. Maybe they should ban prozac which does more harm to those diagnosed with mental illness.

The state doesn't care if your mentally qualified or not, it's another "segment" in the bill that gives the state more power to confiscate guns from law abiding citizens rather than going after criminals.

 

[stonecutter2]

He was fine until the state took away his guns. Since when does a state have a right to declare who's mentally qualified? What happens when the state passes religion as a mental disease?

I'm sure a doctor was involved in diagnosing your Father, which must've occurred prior to his guns being taken away. Are you saying that the state just up and decided to call him bipolar and take away his guns, just for fun? Also, if any state passes religion as a mental disease, that's the day the state will see chaos that makes the LA riots look like a week at Disney World.

Just because someones bipolar doesn't mean they aren't mentally qualified to own guns. Maybe they should ban prozac which does more harm to those diagnosed with mental illness.

Bipolar has a pretty wide spectrum of severity. I've seen some "bipolar" folks who seem mostly even keel, and occasionally get a little out of it. I've also seen some bipolar folks who have absolutely no business being anywhere near firearms, because the fact that they ran out of cream for their coffee or lost at a video game makes them explode with terrifying rage.

The state doesn't care if your mentally qualified or not, it's another "segment" in the bill that gives the state more power to confiscate guns from law abiding citizens rather than going after criminals.

The state is most concerned (I would imagine) with getting weapons out of the hands of people who probably shouldn't have them around, or even better, preventing them from getting in their hands in the first place. I hope that this was the point of the FOID hassle.

I live in Illinois, and the gun laws aren't great. I hope I don't end up on the bad side of the laws somehow, but if I do - it's likely because I should be there. If not, that's what lawyers are for, and I'd gladly pay whatever i had to in order to reinstate my ability to own guns.

 

[commygun]

My sister and brother-in-law were visiting from Illinois last December. They're working folks, gun owners but not deeply into it. My BIL was telling me about a couple of guns he'd bought at garage sales. No FOID I asked? No, he replied, no one bothers with that in private sales.

 

[moi_self26]

Forgive me if it's already been said, I didn't feel like going back three pages. But I know in MA they have both FID & LTC (I'm not sure if it's true, but I heard from an LEO that they are actually phasing out the FID, being more inclined to issue and LTC), in either case it's $100 fee for the FID/LTC. I think in MA it's purely revenue based, Taxachusetts will reach in your wallet any chance they get.

 

[paul]

isp...

I'm sure the intent of the law is as stated...
But, it seems to me that the wording is such that those prohibited are required to get an ID card.


"(430 ILCS 65/1) (from Ch. 38, par. 83‑1)
Sec. 1. It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are not qualified to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a system of Firearm Owner's Identification Cards, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify those persons who are prohibited by Section 24‑3.1 of the "Criminal Code of 1961", as amended, from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers. "

I may be way off here, but again, see above.
p

 

[BCCL]

Please post a link to the law where they make pellet guns of .177 caliber or larger firearms? I was unaware of this.

I believe it went into effect Jan. 1st 2008, they now consider any air gun over 700fps as a "firearm".

(430 ILCS 65/1.1) (from Ch. 38, par. 83‑1.1)

"Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however:
(1) any pneumatic gun, spring gun, paint ball gun or

B‑B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;