Help with IL gun laws for selling inherited guns


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IronMaiden
July 8, 2013, 07:34 PM
I'm hoping someone will know the answer to this off the top of their head. If not, maybe someone could point me to where I might find the answer?

So, I'm mostly asking this on behalf of my in-laws. Years and years ago (not sure how many), my MIL inherited 4 guns from her father (all newer than about 1950s era). She never got an FOID card or registered the guns. Now she wants to sell them.

From what I understand, 1) it's currently illegal for her to even have these guns, 2) you need an FOID card to sell guns, even privately.

Is there any way she can go about getting an FOID card for these guns now, so that she can sell them? Would she still need an FOID card to sell them to someplace like Cabellas (I'm assuming yes)? Will applying for an FOID card now get her in trouble for having them for all these years without one?

If nobody knows, does someone at least know the relevant sections of IL law that deals with gun things so I can go search it out?

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dreamer56
July 8, 2013, 08:40 PM
My understanding is that yes, she needs a FOID card - she can apply - and wait, and wait - because it is taking several months - then with that card she can sell them following the IL laws.

Not a lawyer, don't want to be one - maybe someone will have more to say on this than I -

ilbob
July 8, 2013, 08:47 PM
the cards are not specific to the guns. they are specific to the owner of the firearms.

she cannot legally have the firearms without a FOID.

AFAIK, she can still legally transfer them to someone with a FOID card.

PapaG
July 9, 2013, 10:39 AM
She can have someone with a foid take them to a shop to sell on consignment or have the shop purchase them.

Neo-Luddite
July 9, 2013, 11:15 AM
Legally, she needs a FOID card to sell the guns. This being said, she needs to transfer the weapons over to a FOID holder for now if none is in the household where she lives as someone else MUST have these weapons under their control until she gets a FOID. Picky, sure-in practice old guns stay in closets in homes where no FOID is held by folks not barred from haviung a FOID~ but this *is* a crime. So they need to go to a FOID holder until she gets a FOID of her own, then transfer them as she likes.

IronMaiden
July 9, 2013, 03:04 PM
Thanks for the replies everyone. I think the plan is to see if any of their friends and family have a FOID card who could sell them for them. It's good to know the cards aren't gun-specific.

JTHunter
July 9, 2013, 04:52 PM
IM - from the sounds of it, you don't live in Illinois. Do you or any of your immediate family have any interest in inheriting those guns? If so, you will need to have an Illinois FFL dealer "transfer" the guns to another dealer in your home state. They will then run the NICS background check on you so you can take possession of the guns, according to your local laws. There is also a modest fee involved for this service.

If you have no interest in the guns, get the guns to a friend that has a FOID "ASAP"! It wouldn't do for the "authorities" to find this out as they would most likely confiscate the guns. They might destroy them but it is also likely they would "get lost".

Good luck.

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