Illinois handgun laws~ Help please!

Discussion in 'The Constitutional & RKBA Forum' started by DigitalRX, Apr 27, 2009.

  1. DigitalRX

    DigitalRX New Member

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    To start off, my father just recently purchased a handgun. I am 20 years old, and have my FOID card. I wish to go to the range on my own, but we contacted our local police and they said "No, you must be 21 to be in possession of a handgun." I do not trust my local police due to a question I asked them a while ago, which they turned out to be wrong on.

    I CANNOT find anything that says you must be 21 to be in possession of a handgun in Illinois state law, in fact, I have found the complete opposite, saying you cannot be under 18 (under age of majority). There is a purchasing age on handguns in Illinois, which is 21, which doesn't fall under constitutional jurisdiction. My theory, and correct me if I'm wrong, is this; Age of majority in the United States is 18 (some states have their own, but Illinois is 18, and I believe federal age of majority is 18). Once you turn the age of majority, there can be nothing in the constitution withheld from you. So, theoretically I should be able to shoot on my own, since I am over 18 and have my FOID card.

    Can anyone give any insight into this? Am I correct in my assumption that I can shoot this handgun without my father, or someone over 21 and with a FOID card, being present? I seriously think my local police department don't want to deal with it, so they're flying by the seat of their pants.

    I will be contacting the State Police tomorrow to ask them, but if it does end up being 21, how is this legally possible? Everything I have learned thus far states that it's in violation of the 2nd amendment, to put an age limit other than the age of majority (at which point you legally become a citizen), on a right.
     
    Last edited: Apr 27, 2009
  2. glocknut

    glocknut Active Member

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    The real question in all of this is what you should be shooting at.... :mad:

    Digitalrx... i mean no disrespect to you but the state you live in has a Fascist regime for a state government. That FOID card itself is an outright violation of the Constitution!

    The Brady Gun Ban people rand Illinois as the 9th worse state in the union for being chocked up with bad gun laws..

    http://www.bradycampaign.org/xshare/pdf/scorecard/2007/2007_scorecard_rankings.pdf

    I've been looking for something to answer your question but i can find exactly what i remember seeing on the subject. Here is a good sight though...

    http://www.gunfacts.info/

    mike
    gn
     

  3. quick95

    quick95 New Member

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    I cannot help directly to your state, in fact I kind of feel sorry for you living there. But what you stated above is Arizona law. Good luck and vote those commy's out!
     
  4. PPK 32

    PPK 32 Active Member

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    I live in this sucky state, something sounds goofy. I believe you cannot purchase a handgun unless 21 or over. In other words, you can transport from point A to B in Illinois, in its case. Thats the point of a FOID card. BTW no handguns in Chicago!!! Your best bet is to call the state police, they had to clear ya anyway. I believe ownership and possesion are two different things, hopefully the cops will too. Be safe, check it out.
     
  5. DigitalRX

    DigitalRX New Member

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    Thanks for the help guys, I'll be giving the state police a call on my lunch break at work.

    No disrespect taken, glocknut. I detest this state, unfortunately it's where I was raised and where my family is. I can't afford to move out of it, otherwise I would.

    I'll let everyone know what the final say is, if the State Police say no, I may hire a lawyer to do a little research on the subject for me. I don't live in Chicago, so their fascist law isn't a problem for me, though I strongly oppose the law, and constantly email my representatives on it.

    I'm doing more research on the subject, and I cannot find anything regarding age limit on possession. I personally don't believe there is, because that would be in violation of our constitutional rights, and as I said before, putting an age on purchasing does not fall under these rights (which I still think is wrong that you have to be 21 to purchase).
     
    Last edited: Apr 28, 2009
  6. kingcuke

    kingcuke Member

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    I also an unfortunately a resident of Ill Annoy.
    From the state police website.
    I am under the age of 21, can I apply for a FOID card?
    Yes. In addition to all other requirements, a person who is under 21 years of age must have the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition. Also, he or she must not have been convicted of a misdemeanor other than a traffic offense or adjudged delinquent. The parent or legal guardian providing written consent must be eligible to possess a valid FOID card.
    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.
    http://www.isp.state.il.us/foid/firearmsfaq.cfm

    As far as getting a lawyer and contesting the issue I'd advise you to save your money. The drinking age in most states is 21 and if there was a way around it, it would have been done. Your constitutionally protected rights only apply at the state level if the right in question has been incorporated. If you have the $$ to enter into that kind of legal debate you probably could afford to move to a more firearm friendly state.
    Also be aware that state law doesn't not trump local law.
    How do I transport a firearm through an Illinois community with an ordinance that prohibits firearms or handguns?
    Illinois' Unlawful Use of Weapons law does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through such communities could be subject to local firearm ordinances. It is recommended that you contact local authorities regarding their firearm ordinances.
    Be very careful running afoul of the many byzantine laws could prevent you from ever owning a firearm.
     
  7. pinecone70

    pinecone70 Active Member

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    Huh, you can join the military at 18 and carry a gun, but ridiculous Illinois thinks they know better. What a ripoff.
     
  8. DigitalRX

    DigitalRX New Member

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    This is the thing, I have my FOID card, and no where can I find a state law saying you have to be 21 to be in possession of. In fact, I've found the complete opposite.


    Private parties selling firearms at gun shows must ensure the buyer has a FOID card and the buyer must undergo a background check. It is unlawful to sell or give any handgun to a person under 18, or any firearm to a person who is not eligible to obtain a FOID.

    It is unlawful for any person under the age of 18 to possess a handgun, or concealable firearm.

    * It is unlawful for the following persons to possess a firearm or ammunition:

    1. Under 21 who has been adjudged delinquent or been convicted of a misdemeanor other than a traffic offense. If I'm reading this correctly, it is saying someone under 21 who has been, not under 21 OR

    I've been searching and searching, and I cannot find a single law that prohibits me from being in possession of a handgun, as long as I have my FOID card.

    I wasn't attempting to contest the law, I don't have the money for that. I wish to have someone who knows the laws, do research and find me the clause where it says I cannot be in possession of a handgun, being under the age of 21. I've run out of google queries to click on and find out.

    I'm going to look up my cities laws, and hope someone speeds up time so I can make the call on my lunch break.
     
  9. DigitalRX

    DigitalRX New Member

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    I went out for a cigarette break and ended up calling. This was literally, the most unhelpful phonecall I have ever made to the police in my entire life.

    They picked up and I asked them "Hi, I'm 20 years old, and have my FOID card. My father just purchased a handgun, and I wish to take it to the range on my own, I have been researching the laws and cannot find anything that is relative to how old you must be to be in possession of the handgun. Can you please help me with this?"

    Their response was, "I don't know, let me look. Well, you have to be 21 years old to purchase (Which is federal law) so I would assume you have to be 21 to be in possession." Thanks for your assumption on something very important, if I wanted your assumption I would have asked you if I'm dressed okay for work today. This is what the police force in Illinois amounts to, assumptions. We're expected to have these people protect us and defend us, and they can't even point me in the direction of a written law that states 21 to be in possession of.

    This is seriously driving me crazy. You would think somewhere, that they would have in big bold letters "You must be 21 to be in possession of a handgun"

    Well, I just contacted my fathers old friend who is a retired county sheriff, who is going to give us the final word. If the law says 21, the law says 21. I'm not going to violate it, the problem I have right now is how hard it is to find a written law that says you must be 21. They need to understand when it comes down to it, legally, purchasing and possession are completely different things.
     
    Last edited: Apr 28, 2009
  10. bcj1755

    bcj1755 New Member

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    Ok, this makes no sense...according to this, in IL someone is still considered a minor if they're under 21?! Huh?! If I'm over the age to be legally an adult, then by definition I no longer need written consent from my parents for anything. But Illinois says that a legal adult still needs parental permission to posses a firearm? WTF?!?! If I lived in Illinois and was under 21, I'd be finding out if I'm considered an adult.
     
  11. DigitalRX

    DigitalRX New Member

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    Age of Majority (adult) is 18 in Illinois. In 1971 when the age of majority was changed from 21 to 18, Illinois decided to pick and choose when you're considered an adult on constitutional issues and state laws.

    So, according to Illinois law I'm an adult, but still need my parents permission to get my FOID card. Because, I'm not out of pampers yet apparently, according to IL.
     
  12. bcj1755

    bcj1755 New Member

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    So how does Illinois keep passing all these blatently unconstitutional laws? Oh yeah, all the liberals in power up there. If I were you, I'd move away from Obamaville ASAP. I know me personally, I couldn't tolerate living in that place.
     
  13. PPK 32

    PPK 32 Active Member

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    Called my local range he is not the police but according to him you cannot be in possesion of a firearm even if you do not own it. They can take the gun (cops). Can't wait to retire and get the hell out of this state. Sorry for the bad news. If you are under 21 an adult, must be present.
     
    Last edited: Apr 28, 2009
  14. DigitalRX

    DigitalRX New Member

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    But I am an adult, according to state and federal law... This makes absolutely no sense at all. I hold a steady job, I pay taxes, I live on my own, I go to college, I can vote, I can join the Military and possibly die for my country. But I'm not an adult... Looks like I'm going to be sending out some mass emails today to my representative, and everyone else I can think of.

    Thanks for calling, though. Much appreciated.
     
  15. PPK 32

    PPK 32 Active Member

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