IL law q: shooting with friends who have no FOID

C

Cowman

New member
I was wondering, if I were to go out to a field with some friends and one of them did not have a FOID card is there any legal problem if they borrow my gun and squeeze off a couple rounds?

This wouldn't be hunting or on a dedicated range, just some people shooting at targets in BFE. There's a pretty lady I'd like to teach riflery to ;)
 
It is my understanding that you must have permission from the government to even possess a firearm in the state of Illinois. Permission is granted from Springfield in the form of a FOID card.

To directly answer your question - No. They may not simply squeeze off a couple rounds if they want to stay legal...
 
Well last I knew, in the case of a parent/child, only the parent needed to posses a FOID card as long as the child was under their supervision. I wondered if that extended to adults supervising adults.
 
After reading all this permit stuff/nonsense I am starting to appreciate more and more the fact I live in Georgia!
 
What's really annoying is that the card only costs $5+a stamp&photo to get but it takes FOREVER for them to get the thing to you.

I know a guy who's been waiting for going on 2 months now.
 
jeezalouize, how many states have laws like that?? Between you and me (& a couple thousand leo's watching...) I'd have to say that that law is wrong and I'd go off and do it anyway, ESPECIALLY when it might lead to shooting AND smooches! If anyone busts you, fight it in court! There's not a judge in the nation that would give you a hard time for taking your (potential) old lady out for a shot. ('specially if she's cute, bring 'em a picture, otherwise let the judge know that you were out with a hussy and you don't want anyone to know, he's bound to sympathize either way.

Why do people let something that's so blatently unconstitional fly? They let the one thing expressy prohibited from messing with in the constitution become a state's right issue while continuing to force retarded things like marijuana become strictly federal, trampling state's rights along the way.
 
were to go out to a field with some friends and one of them did not have a FOID card is there any legal problem if they borrow my gun and squeeze off a couple rounds?
Click to expand...

Do not know about in a field but every range in Illinois that I have ever gone to allows the practice of taking a friend or guest who does not have a FOID so I strongly believe that it is legal as long as the person who has the FOID is right there.

IANAL and as always could be wrong

NukemJim
 
Welcome to the People's Republic of Illinois

http://www.isp.state.il.us/foid/firearmsfaq.cfm

from the IL State Police:
I am under the age of 21, do I need a FOID card?
Not necessarily. The FOID Act exempts unemancipated minors while in the custody and immediate control of their parent, legal guardian, or other person in loco parentis to the minor as long as their parent, legal guardian, or other person in loco parentis to the minor has a valid FOID card in their possession.
Click to expand...

also see: http://www.isra.org/links/illinois_firearms_info.shtml


I can't find anything on whether all your friends need a FOID or not.
 
The Illinois State Police apparently doesn't seem to realize that 18-21 year-old second-class citizens are not "minors."
 
I didn't need one when I went to the range with a FOID holder. I don't know about shooting out the woods, though.

I know a guy who's been waiting for going on 2 months now
Click to expand...
As have I. :(
 
"The Illinois State Police apparently doesn't seem to realize that 18-21 year-old second-class citizens are not "minors." "

1) Note is says "unemancipated minors".
2) The ISP didn't write the law.
 
Regarding 2-month waits for FOID cards:
If you've been waiting that long, call and politely inquire. My best friend from childhood waited six months after we sent in his application; when he told me about it, I told him to call. He was told that they'd found several drug convictions (I want to say they thought there was a warrant out for his arrest, but I can't quite remember.) It turns out that he shared what I think would be a fairly common first and last name with a felon from Rockford. His middle name, however, was different, as was the Social Security number on his application. He had his FOID a week later.

Regarding why people put up with the FOID Act:
I put up with it because it was passed ten years before I was born and has since become a staple of Illinois law, accepted and ignored by the public at large. My dad was in high school when this law was enacted.

Regarding the actual question in this thread:
Good news and bad news. There IS an exception in the law for someone who is directly under the control of an adult FOID holder, but they have to be on a "shooting range" or attending a safety or shooting class. This probably means your informal shooting in a meadow doesn't count. You're probably safe on private property, but if some neighbor calls the police and they choose to make an issue out of it, they can, at least by my reading. Keep in mind that I am not a lawyer.

Sec. 2. Firearm Owner's Identification Card required; exceptions.
(a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
(1) United States Marshals, while engaged in the operation of their official duties;
(2) Members of the Armed Forces of the United States or the National Guard, while engaged in the operation of their official duties;
(3) Federal officials required to carry firearms, while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and enclosed in a case;
(10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
(12) Color guards of bona fide veterans organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;
(14) Resident hunters who are properly authorized to hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled; and
(15) A person who is otherwise eligible to obtain a Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization.
Click to expand...
 
Don wrote:
"Regarding why people put up with the FOID Act:
I put up with it because it was passed ten years before I was born and has since become a staple of Illinois law, accepted and ignored by the public at large. My dad was in high school when this law was enacted."

Good grief! You are a young'un! I've got shirts that are older.:p
Been reading your letters to the editor. Surprised the paper ran 2 in one week.
 
RE: No FOID at the range. According to the range I go to, they passed a law in circa 2003 explcitly stating that you can go shooting with someone who has a FOID. They've allowed it at their particular range for several years now, but they didn't before that.

As was mentioned above, I don't know if this applies to non-shooting range locations. I would -tend- to think it's kosher, even though this is Illinois.

If you're truly worried, zip an email to the state police for clarification. Be specific.

Yes, Illinois blows.
 
Don Gwinn provided the statute that applies.
Read (11) and (15).
BTW, "friends" is not the same as "loco parentis".
 
What about out of state visitors at a gun club?

I was considering joining the Milan Rifle Club, but Im from Iowa. Im still pissed they want me to have a FOID card to buy ammo in thier silly state. Never gonna happen!!!! How does this apply to my membership to a range in Illinois? If its a private club, do I need to get a FOID card? If so they can piss off. Ill drive 3 hrs out of my way to go to pella, before that happens.:confused:
 
ISP2605--I didn't know they ran the second one. Don't tell anybody at the SJ-R, but I don't subscribe. ;) Interestingly, I had five or six people stop me to tell me what they thought of the first letter. Never heard about the second.
I was surprised that they didn't butcher the first letter. I suppose I should try to read the second one.


Primate, I would think numbers 7 and 8 above would be the relevant sections for you. It looks like you'd be allowed to shoot at the approved range without a FOID. I don't know how official that "recognized by the State Police" bit gets, but I'm sure ISP2605 can tell us.
 
If it's the Milan range that's been around like almost forever it's a major range. I don't know if it's got the 'official' approval but I'd be surprised if it's not. They use to hold some pretty big matches there, sort of like PASA.
Being a non-IL resident prime8 cannot get a FOID. FOID is only for IL residents.
Ammo sales was being addressed by the legislature to clarify sales mainly due to the Sparta Shooting Complex which will host the trap shooting matches moved here from Vandalia, OH and cowboy action shooting matches. Don't know what came out of all that other than I know shotgun ammo sales to non-residents was permitted. Just never paid any attention if that also included handgun and rifle ammo.
 
For most states, if you're able to purchase guns and ammo in your home state you can buy in IL. There are a couple states for which that isn't true, but for most of them you're good.
 
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