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Supreme Court says only residents need FOID gun card

By   /   April 7, 2011  /   23 Comments

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.
 
 
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.
 
 
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.
 

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  • The Issue Here

    The issue here really was the prosecution making itself look stupid grasping for straws in their argument. They hurt their own case when they contended, as they did, that even though the FOID statute specifically exempted out of state residents when their weapon was encased, the felony unlawful use of weapon statute did not. They sort of shot themselves in the head in front of the court making that obscene argument. It’s what you can expect from Crook County prosecutors. Really they are trying to apply what they think should be the state law rather than what it really is.

  • http://http//www.excite.com R Brown

    It is about time the State of Illions move into the 21 centry with their gun laws, thank,s, Illions State Suprime Court, but to have a weapon in your car empty and locked upped, is like not haveing a weapon all, when the bad guy come out to jack your car, what are you going to say to him or her, wait until I unlock my consul and get weapon, or snatch your wife or girlfriend handbag or purse, what should she say? wait until I go back to my car and get my weapon? Is time to have conceal carry even the City of Chicago, it is time for the Illions State Suprime Court to put the breaks on the Chicago City Counscel from trying to comeup with some law to blocking the people from having conceal carry,

    I live in the State of Indiana, we have had conceal carry here for a few years now, the car jacking came to a stop, maybe one or two a year now if that, home invasion down now as for as I know, and so on. Conceal carry is a good thing to have, because the bad guy knows that if he or she does something wrong, they maybe put down at any monut.

  • http://http//www.excite.com R Brown

    It is about time the State of Illions move into the 21 centry with their gun laws, thank,s, Illions State Suprime Court, but to have a weapon in your car empty and locked upped, is like not haveing a weapon all, when the bad guy come out to jack your car, what are you going to say to him or her, wait until I unlock my consul and get weapon, or snatch your wife or girlfriend handbag or purse, what should she say? wait until I go back to my car and get my weapon? Is time to have conceal carry even the City of Chicago, it is time for the Illions State Suprime Court to put the breaks on the Chicago City Counscel from trying to comeup with some law to blocking the people from having conceal carry,

    I live in the State of Indiana, we have had conceal carry here for a few years now, the car jacking came to a stop, maybe one or two a year now if that, home invasion down now as for as I know, and so on. Conceal carry is a good thing to have, because the bad guy knows that if he or she does something wrong, they maybe put down at any minute.

    Ps: sorry for the typo

  • http://kangaroowatch.org Ed Roth

    I am 72 years old. I knew that if I lived long enough I would see the Illinois court do something right.

    Ed Roth

  • kelly

    Illinois should look at the legality of the Foid card system and decide if in fact the FOID card system is complying to the United States Constitution, or if it’s in violation with it. There is a legitimate argument that the whole Foid card system is in fact violating both the State and federal constitution since the Supreme Court ruling, that the people have the right to bare arms.

  • mark

    My wife and I live in Ohio and have our CCW license and we always carry. We will not travel to Illinois because of their anti-gun attitude. If the state would pass conceal carry or allow open carry other gun owners might come and spend a little money there.

  • Czechbikr

    Hi Mark, It’s OK…Illinois doesn’t need your money because they are taxing the hell out of it’s citizens and corporations to support our Socialist agenda. Part of that agenda is to maintain fear amongst the population and their utter dependence upon the state.

    Constitutional carry across the USA is our only hope now as yesterday Illinois politicians once again proved that they are under Chicago’s thumb. Will the last real American to leave Illinois please turn out the lights?

  • Sherm

    Illinois now being the only state were concealed carry is prohibited, and some of the toughest general gun laws anywhere in the U.S., should be the safest state, and have the lowest crime rate in Amaerica. Yet when you look at the 10 Most Dangerous Cities in America Violent Crime, Rockford Illinois came in at #9: (violent Crime Per 1,000: 14.5 2010 Murders: 20). My advice to Illinois residents is to sharpen your FOID card to a razors edge and learn to throw it accurately, (don’t forget to practice your running skills, because, unlike a boomerang, your card won’t come back).

  • Chris

    Illinois is a joke. I lived there for the first 24 years of my life. Now I live in Texas and actually feel free. If it wasn’t for my family and friends, I’d never go back to that dump.

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  • Why Bother

    i have an FOID card but i see the only reason to have it is to buy a gun legally. i cannot carry the gun on me for protection which is why i wanted the gun. if i have the gun loaded and within reach in my car i face prison time? what a joke! another way for broke Illinois to take our money and we get nothing in return. i sure hope if i ever have to use my gun in my car that i have time to get to the gun…get the case it has to be in open and then load it. im sure by then the person who has their gun illegally and cheaper will have killed me and taken my car by then. thanks Illinos for making me feel safer being illegal than legal.

  • JP

    All we need is more idiots like the group of you carrying firearms. Outside the military and PD’s, it is the most ignorant 10% who feel the need to carry a gun around in everyday life in order to function and feel safe.

    Morons, most theft and violence is initiated by surprise and all going for your gun will do is get you killed. More likely, your gun will get stolen, or one of your kids will end up shooting themselves the one time daddy gets drunk and leaves it unlocked. The statistics show that the odds of injuring yourself or a member of your family with a firearm is significantly higher than ever using it to defend yourselves. I’m sure thats not a problem for geniuses like you that “bare” arms (its ‘bear’ fool).

    Whats worse, many like Florida’s Zimmerman feel that walking around with a gun makes you ‘deputies’. If you feel the need to police the rest of us, enter the police academy. If you wash out, there is probably a reason…..

    I don’t have a problem with someone having a gun to protect their home, but they really need to institute an IQ test in the FOID process. We really don’t need the least capable and paranoid people walking the streets with lethal weapons. You people who feel you HAVE TO HAVE a gun with them on the street are the last people who should have them.

  • tim

    I left IL.for that very reason. the taxes,gun laws and all the other communist activities that take place. My whole family is leaving with a whole lot of money and should have been jobs for the people of IL. but,if we stay our CO. will not be able to grow only exist.

  • Roberto

    I’m just glad I live in a state that follows the 2nd Amendment. Illinois is a friggin joke, why? Because only criminals are allowed to carry a gun on their person. I will be going to Wisconsin soon and will leave my guns and carry permit at home. Luckily, my friend there has plenty of guns and ammo to protect us from the bears and wolves as we camp for a week. I feel bad that the citizens of the socialist state of Illinois have to live as scapegoats for the King.

  • AntiglobalJoel

    JP,….great news!….. the system you seem to favor…where only police and military have guns…is already in existence so feel free to leave the USA. It’s called Red China.

  • louis

    I live in Ohio and visiting my family in Illinois this past July. My brother and I went to Cabela’s to purchase ammo. He forgot his FOID and I tried to buy ammo but was denied due to no FOID. I told the cashier I was out of state (shown my Ohio Driver License) but it did not matter, she did not sell me the ammo.
    The State Police FOID FAQ has no clear statement about out of state residence. The only thing that is clear is the state is infringing on my personal right and disrupting commerce. Cabela’s has two stores in IL; they would fair much better out of IL.

  • http://www.facebook.com/people/Wally-Geez/100001379162195 Wally Geez

    Don’t forget to add North Korea and Cuba to that….

  • http://www.facebook.com/people/Wally-Geez/100001379162195 Wally Geez

    Are we one country or just a collection of 50 country-states? We supposedly have a constitution that gives each citizen the right to own guns, yet each state has the ability to skirt these rights and do whatever the hell they please, even if it’s the complete opposite!

  • http://www.facebook.com/people/Andrew-Petersen/599474435 Andrew Petersen

    Only a Chicago Cop would be that Pissy about an Out of State Resident with a firearm legally being transported.

  • Michael

    Police in Chicago are still arresting for this. I’m a non resident with a carry license and they took my gun, arrested me, and 5 months later I am still in a court battle to get charges dropped and my weapon back.

  • hill billly

    I live in a small town in Missouri. When in a gun store recently, there was an old boy (probably in 80s). He said when he was in high school, he walked a mile or so to school, met up with younger kids on the way. There was a scare of dogs with distemper at the time. He carried a 22 pistol and it laid on his desk all day. How to solve our murder problem: beheading after many witnesses. Beheading is quick, actually merciful compared to the suffering a murder causes, but it is so very, very impressive!!!!

  • Submarine-man

    I was born and raised in the Communist Republic of Illinois and lived in Pekin until I was 21. I was issued my FOID at age 14 in 1968.

    I have earned the right to say to all of the SUBJECTS (not citizens) of the Communist Republic of Illinois, “How does it feel to be required to obtain permission from the mayor of Chicago (a pimple on the hemorrhoid on the ass of the galaxy) to exercise your second amendment rights.

    The entire state of Illinois has always been held hostage by Shitcago, and the only difference between 1920’s Shitcago and present day is the current date. The mayors office is no better than the drug cartels that inhabit that cesspool.

  • Responsible gun owner

    Dear Jp sounds to me your one of the ignorent 99% ers who were out protesting attacking and raping your own kind at wallstreet. Your a morron for thinking if someones carring a gun and is attacked that there going to shoot them selves someone else or even get itstolen .. Your a fool. And a librail. U belong in OBoma land…. illinois

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