Visiting Gun Owners Don't Need Illinois FOID: Supreme Court

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  • Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    Just found this over at CalGuns....

    Source: http://www.nbcchicago.com/news/local/illinois-supreme-court-foid-119493094.html#ixzz1IzBB3cHh

    As long as an out-of-state visitor has properly registered their guns in their home state, they may legally transport them in Illinois without a license here, the Illinois Supreme Court ruled this week.

    You can read the 15 page decision, here.

    Today, in the case of Illinois v. Holmes (from 2005), the Illinois Supreme Court ruled that if a visitor to Illinois has a license or registration from his home State, for his firearms, he can transport his firearms within the State.

    The case is extremely interesting on several counts. See Mishaga v. Monken where the State is arguing almost exactly what Holmes argued in his defense and the plaintiff is arguing almost exactly what the State argued in Holmes.

    Certainly, having a CCW permit (from your home State) qualifies, without any question. One implication is that in a State that does not require registration or licensing of guns, having a non-resident CCW should also qualify. Yet another implication is that your being a lawful owner (a non-prohibited person) is as good as having a license or registration, assuming no such license or registration is required in your home State.

    In the short term, I expect to see the Federal case mooted by this ruling of the Illinois Supreme Court.
     
    Last edited:

    Spot77

    Ultimate Member
    May 8, 2005
    11,591
    Anne Arundel County
    Or, such as in Md where we have no "permit to own", no registration and no chance of egtting a ccw permit......where does that leave us?

    Do you think the intent was really to say, "If you're a lawful owner of a firearm in your hom state.........."
     

    X-Factor

    I don't say please
    Jun 2, 2009
    5,244
    Calvert County
    It was needed, but only to address it from an interstate commerce perspective. The ruling only addresses "transport" not "carry".

    We in MD are still screwed.

    MAY be helpful for folks around the New York area. My brother, when he got his orders to his posting in Albany, was told "leave your guns in Virginia, don't bring it here."
     

    vette97

    Ultimate Member
    Feb 9, 2008
    1,915
    Carroll County, Maryland
    I believe I have "properly registered" according to IL law, since I filled out the MSP 77R when I purchased my carry piece, signing under the section "Sign upon Application or Voluntary Registration." I'll be driving through IL this summer and will have my pink copy with me.

    ETA: The news reporter didn't cite the law, they made an opinion. It was sited in the decision:
    Another exception exempts any nonresident whose firearm is “unloaded and enclosed in a case” generally. 430 ILCS 65/2(a)(9) (West 2008). The plain language of these exceptions indicates a legislative intent to allow nonresidents to possess a firearm in Illinois whenever the weapon is unloaded and enclosed in a case without requiring them to have an Illinois FOID card.

    The judge quoted the wrong section (should be b and not a):

    430 ILCS 65, Sec. 2. Firearm Owner's Identification Card required; exceptions.
    (b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
    (9) Nonresidents whose firearms are unloaded and enclosed in a case;
    http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39
     

    WeaponsCollector

    EXTREME GUN OWNER
    Mar 30, 2009
    12,120
    Southern MD
    This says it all...
     

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    Nanook

    F-notso-NG-anymore
    I believe I have "properly registered" according to IL law, since I filled out the MSP 77R when I purchased my carry piece, signing under the section "Sign upon Application or Voluntary Registration." I'll be driving through IL this summer and will have my pink copy with me.


    Hmmm. Too bad I circled "Applicant" and crossed-out and initialed "Voluntary Registree". I wonder if they "registered" my scary gun(s) here or not.
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    A few points to clear up some confusion:

    • This is the Illinois Supreme Court. It is a state court and has no effect outside the borders of Illinois.

    • Federal Law may proscribe transport, but the defendant did not attempt a defense under FOPA.

    The decision is light on details as to what type of paperwork you would require. They use the words "registered", "permit" and "license" fairly interchangeably. This makes sense from a strict IL viewpoint, where they all pretty much mean "the state has explicitly permitted you to own, possess, transport and/or carry a firearm". I would caution that any outside resident consider that when they go to Illinois with a gun.

    Would Maryland paperwork suffice? Probably. But you'd have to prove it, and that means going back to the Illinois Supreme Court. Have fun with that, especially if you get busted in Chicago - where Home Rule allows separate laws.

    Other notes from the case details:

    • Never consent to a search (though consent was contested)

    • Keep the beer bottles off the floor of the back seat

    • Heavily tinted windows and a seat leaned way back are an easy way to attract attention from the Po Po.

    • Under Illinois law, the center console of your vehicle is a valid container or "case" for a gun provided it has a latch and it is closed.

    • Do not put a loaded magazine in your pocket - if you get pulled over and your person is searched they now have cause to suspect you have a gun in the car
     

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