Are you a criminal in the eyes of the great State of Illinois? Think not? Read on...
Suppose you own a firearm (pistol, rifle, shotgun) but you gave up shooting years ago. Where's the firearm? In the closet? In the attic? In the basement?
Did you have a Firearm Owner Identification (FOID) card in the past but, when you gave up shooting, you didn't renew it?
Bingo! You are a criminal in Illinois!
Did you get rid of your guns, but you still have ammunition around, somewhere in the house?
Bingo! You are a criminal in Illinois!
Did your father or grandfather leave the old .22 rifle to you, and you just put it on the top shelf in the basement? You didn't even know about FOID cards and so didn't apply for one?
Bingo! You are a criminal in Illinois!
Do you own firearms, but your wife and/or adult children do not have FOID cards (or have expired FOID cards)?
Ask your lawyer, read the statute or call the Illinois State Police to ask if they are criminals.
Your FOID card is just that. It's an ID card. It's not proof that you own a firearm. Could the FOID card registry be used to confiscate firearms? What would you do, if the State Police, sheriff's deputy or police came to your door and asked, "Do you have any guns in the house?"
You'd better know in advance what your answer is, and you'd better "educate" everyone in your house to the right answer.
They probably won't have a search warrant, because they don't know if you have firearms or exactly what brand and model firearm you might have.
So what's the answer?
Without being a smart aleck, ask questions. For example, "Why do you want to know?" "Do you suspect me of a crime?" "Do you have a search warrant?"
Ask questions; don't answer questions. Don't get bullied into answering. If the cop tells you that you must answer, ask him what law requires you to answer. If he tells you that you are obstructing justice by not answering, ask him what justice you are obstructing (in his opinion).
Just because the cop is standing at your door and asking you if he can come in, you may not have to let him into your home. Let him stand there - on his side of the door jamb, out of the way of your closing the door. Be polite. Tell him that you will be closing the door and calling your lawyer, and that you'll be right back. If he attempts to block your closing the door, ask him why he is doing so and ask him to please step back. If he continues to block your closing the door, ask him to call his supervisor to your home. If he says he is the supervisor, ask him to call his boss or, at least, another officer (to witness).
Stay cool. Be polite. And don't give in. If you are arrested, keep your mouth shut. Do not say anything. Remember - "Anything you say can and will be used against you in a court of law." You can take that one to the bank!
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10 comments:
Possession of an Illinois driver's license is no evidence of motor vehicle ownership- but it is evidence that the State of Illinois authorizes you to operate a motor vehicle.
Try using an expired driver's license for any sort of official purpose- you'll find yourself breaking a law or two.
Possession of a VALID FOID card in Illinois allows the bearer to own firearms. If the card is not valid, there is no evidence that the bearer is authorized to own firearms. A bit like a person driving a car with an expired driver's license.
Your critical thinking skills are deteriorating rapidly- what part of 'needing a VALID FOID card to possess a firearm in Illinois ' do you fail to comprehend?
Is it the 'VALID' part?
John, "valid" is redundant.
Seen any black helicopters lately Gus?
I could accept your comparison if it were not for the fact that driving with an expied license is an offense that is a fine only and when you renew it off you go behind the wheel once again as if nothing ever happened. Having a firearm without a FOID card is a felony. Conviction of that offense means no more guns, no voting etc. Even if it is expired. Seems like a big gap in your comparison.
It is time for the ISRA and the NRA to mount a Constitutional assault against the FOID law.
Thanks to McDonald, the Second Amendment now supersedes the state constitutional provision - which has an exception to the right to keep and bear arms, "SUBJECT TO THE POLICE POWER".
There is not a *police power* provision in the Second Amendment. Requiring state permission to own a gun is like requiring state permission to own property.
Or requiring state permission to vote for a candidate.
Or requiring state permission to open and operate a blog.
The FOID law criminalizes gun owners while doing absolutely nothing to stop criminals from buying and guns to prey on the public.
It is time to either repeal it (not likely) or OVERTURN it.
Mike- as a lifelong gun owner, I firmly believe that an individual who is challenged by the IL FOID renewal process should not own pointed scissors, much less an apartment full of handguns.
Even though the FOID process is ridiculous, I was not commenting on that. I was simply commenting on your comparing that to a drivers licence. There is only one common thread between the two, the requirement to have one. When you say challenged by the process, do you mean agree with the FOID program or would not meet it's requirements? I f you mean the meeting of the requirement, for the most part I would agree with them though not entirely. If you mean the process of even having to get the card it is just plain stupid. My wife applied for her card over 2 months ago. I had her name checked through a police officer about two weeks ago. A card has been established for her, i even have the number. But the stae of Illinois has not seen fit to send the card to her(but had no trouble cashing the check). We tried calling the FOID inquiry number at the state police. All we got was a recording saying they wrte busy and disconnected. I sent them an inquiry on their online form regarding her card. They have yet to respond. So she has the constitutional right to purchase, possess and use a firearm, has jumped through the states hoop of applying for the card but still cant enjoy her right because of this idiotic program. So if you are defending this program you a a lemming for the state.
Actually, driving with an expired license can also put you in jail, Mike.
You're all wrong on different points. I challenge anyone to answer this simple question: Did the Illinois FOID card act repeal, amend, overturn, or alter the second amendment to the federal constitution in any way shape or form? What part of "The right to keep and bear arms SHALL NOT BE INFRINGED" do you not understand!??
"Unknown", three questions:
1. Are you an Illinois resident?
2. Do you own firearms?
3. Do you have a valid FOID card?
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