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FOID Card Not needed by Outstate Shooters

Discussion in 'Shooting Related Threads' started by shooterIII, Apr 9, 2011.

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  1. shooterIII

    shooterIII Member

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    I copied and pasted this article.

    SPRINGFIELD, Ill.—

    The Illinois Supreme Court says people permitted to carry guns in other states may transport them here without an Illinois license.

    The court ruled unanimously Thursday in the case of an Indiana resident who was arrested in May 2005 with a gun in a closed backseat armrest of his car.

    Leonard Holmes was charged with felony aggravated unlawful use of weapon because he lacked a Firearm Owners Identification card and didn't have the gun in a case.

    Holmes had a permit to carry a concealed firearm in Indiana, and the court held that Illinois law does not require a FOID card too. It also ruled the armrest served as a case.
     
  2. GBatch_25

    GBatch_25 Active Member

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    Date of article?

    Gene Batchelar
    Wheaton, IL
     
  3. shooterIII

    shooterIII Member

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    Date of Article:

    Associated Press

    1:00 p.m. CDT, April 7, 2011
     
  4. Joe Potosky

    Joe Potosky Well-Known Member

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    Supreme Court says only residents need FOID gun card

    April 7, 2011

    By Andrew Thomason Illinois Statehouse News

    SPRINGFIELD – Out-of-state gun owners dodged a bullet in Illinois on Thursday.


    The Illinois Supreme Court overturned a case that made it illegal for non-Illinois residents to carry a gun in the state without an Illinois Firearm Owner Identification Card, something that only Illinois citizens can obtain.


    The ruling stems from a case out of Chicago. Following a routine traffic stop, Leonard Holmes, Jr., a resident of Indiana, was charged with two counts of aggravated unlawful use of a weapon.


    During the stop, police discovered a loaded pistol in the backseat armrest of Holmes’ car, which generated the first charge. Police also tacked on a charge of carrying a firearm without an Illinois FOID.


    The court ruled 7-to-0 that someone who has a permit to have a gun from their home state doesn’t need to also get a FOID card.


    “As the majority points out, if we were to strictly apply the FOID card requirement … nonresidents whose weapons are unloaded and enclosed in a case but who do not have an Illinois FOID card would be guilty of a felony,” Supreme Court Justice Rita Garman wrote.


    For the southern Illinois city of Sparta, the ruling was a matter of economic survival. Sparta is home to the $50 million World Shooting & Recreational Complex. Chris Hespen works for the complex and said it hosted about 300 shooting events during 2010.


    During its biggest event, the Armature Trapshooting Association’s Grand American, the complex saw sport shooters from across the nation and from 17 countries, according to Hespen. He said Thursday’s ruling diverted an economic disaster.


    “It would have been detrimental and crippling,” Hespen said. “This facility here, yeah we offer day use and walk-in outdoor sportsmen an opportunity to recreationally shoot, but this facility is written and built for tournaments and competitive shooting events.”


    Law enforcement and state’s attorneys in border communities said the court’s decision just brings the law in line with how they’ve been operating.


    Jon Barnard is the Illinois State’s Attorney for Adams County, which sits on the Mississippi River across from Missouri. He said it’s not uncommon for situations similar to Holmes’ to come up there, especially during hunting season. Adams County had the second- highest number of deer harvested in Illinois last year.


    “If they’re permitted to have a gun in their home state and they just happen to be traveling through the state of Illinois and they get stopped for a speeding ticket or whatever and there’s a gun in the car, well we’re not going to charge them with a FOID card violation,” he said.


    Like Adams County, East Moline sits on the Mississippi, only it borders Iowa. East Moline Police Department Captain William DeVrieze said his department has taken the same approach as Adams County.


    “We’ve never charged an out-of-state resident with no FOID card,” he said.
     
  5. GBatch_25

    GBatch_25 Active Member

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    Good to know. Thx.

    Gene Batchelar
    Wheaton, IL
     
  6. BIGDON

    BIGDON Well-Known Member

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    Thanks for the info.

    Don
     
  7. halfmile

    halfmile Well-Known Member

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    Armature Trapshooting Association?

    Statehouse news online should hire a proofreader.

    Oh, well.

    HM
     
  8. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    Glad to see that Indiana residents in Illinois have more rights than Illinois residents.

    Another fine example of our Goverments at their best!
     
  9. spitter

    spitter Well-Known Member TS Supporters

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    I'm not sure what FOID looked like in 2005... but anyone who plans to come into Illinois with a firearm should print out FOID - 430 ILCS 65/2, exemptions to FOID...

    65/2 b(10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;

    There are numerous other exemptions for out-of-state residents, and many clearly state an unloaded and cased firearm arm...

    FOID ACT - 430 ILCS 65

    Jay Spitz
     
  10. Hap MecTweaks

    Hap MecTweaks Well-Known Member

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    How would Ill. law treat AZ residents? We're not required by AZ law to be licensed or have a permit to carry a concealed handgun or wear it openly.

    Hap
     
  11. grntitan

    grntitan Well-Known Member

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    Hap-- Whoever the mindless cop was that ticketed this law abiding US Citizen, should be fired IMHO.


    You have to abide by our stinking laws when you visit. According to the article, he was. They are not gonna bother you in my half of the State as long as its kept legally secured. I do not think they honor any other States CCW Permits other than current and retired LE Officers though. Bring it just keep it cased and unloaded.

    I have had family and friends come to IL to hunt for 20 years before the ATA and the Grand came to visit. There was never an issue then, and won't be now. You will always have your Cops that want to be a big hero and write BS tickets. We need to weed them out.--Matt
     
  12. Hap MecTweaks

    Hap MecTweaks Well-Known Member

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    Are slingshots legal? If my gun was cased, locked and unloaded, I'd stand a better chance with ball bearings and a wrist rocket for instant protection? Crooks pay no attention to our laws and know the cops are only minutes away. David slew Goliath with a stone and sling, maybe an accurate slingshot is quicker to put into action for ones safety. Dead is still dead abiding by unfair laws? I've always been a believer in having it and not needing it instead of the other way around!! Politicians sux big time!!

    Hap
     
  13. grntitan

    grntitan Well-Known Member

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    Hap--I agree. I just stated what the law says not what i recommend. Now you might be shocked if you approached my vehicle with bad intentions. Supprising how quick that barrel will poke out the window. ;-)
     
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