IL Legal Help

[AR27]

Hi everyone, I am in my mid 20's and have a 17 year old little brother who lives with my step dad and mom. I do not live with them. My 17 year old little brother wants to move up to his first AR and his parents are ok with it. They do not have foid cards, I do have a foid card. So I have been asked to go do the paperwork for him. My question is what if someone were to break into their home and he shoots them with the AR? The firearm is legally considered mine, is it not? The serial numbers will come up in my name right? I dont want to be held responsible. When he turns 18 will this change? Or will it always be under my name? He is going to own this rifle for his entire life also so i dont want to be dragged into some situation just because i filled out the paperwork 8 years ago or something. But i also know that IL does not register firearms, so how does this work? I really dont know anything about this situation and im hoping someone can understand what i am asking and help me.

Also dont say wait till he is 18, i was aked now. Or dont say have his parents get foids because its not gunna happen.

 

[DT Guy]

Both of the things I was going to suggest, you said not to mention.

I don't actually think you can do what you're proposing; i.e., him possessing the rifle in a house different from you, especially with you not being his parent:

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.
Will I be held responsible for my child who has access to a firearm?
Yes. Illinois law (720 ILCS 5/24-9) states "(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:
(1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or
(2) placed in a securely locked box or container; or
(3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.
(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
(c) Subsection (a) does not apply:
(1) if the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or
(2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person."

Larry

 

[Sam1911]

So I have been asked to go do the paperwork for him.

That should answer your question right there. If you are going to purchase a firearm for another person -- especially for another person who cannot do so on their own -- then you must stop. "Do not pass Go, Do not collect $200" as they say in Monopoly.

You could purchase a rifle as a gift for another person (according to federal law) but you must abide by all laws of your state when making that gift. He doesn't have his FOID card. Therefore he CANNOT be a legal recipient of your gift -- in fact, he can't even "possess" the gun if you were to lend it to him.

The closest thing you can do to buying this for him is to purchase it yourself and then let him use it, under your direct supervision, at the range.

 

[o Unforgiven o]

No, his parents will need to get an FOID card and get the AR themselves if they want it at the house. Or you could take Sam's advice and buy it now and use with him until he or one of his parents has an FOID card.

 

[AR27]

He has a foid, just under 18 so he cant buy. Ok so say his parents get foids, now apply everything I just said to them, they dont want to have the troubles I said either.



(I am showing them the thread right now)

 

[AR27]

Can anybody help?

 

[Sam1911]

Help? http://www.nraila.org/statelawpdfs/ILSL.pdf There's the NRA's breakdown of IL law.

I don't see anything that says he couldn't own that gun (and/or possess that gun) as long as he has his FOID card.

Federally, you still can't go buy it FOR him as that would be a "straw-man" sale because you'd be lying on the form 4473. However, it does appear that it would be legal for you to buy it as a gift for him. (NOT a purchase ... a GIFT. No money changing hands, etc.)

 

[Freedom_fighter_in_IL]

Exactly right Sam. As long as you go and purchase it and the money did not come from HIM then it would be legal as long as he has his FOID. As a gift. As far as responsibility for any actions done with said firearm, you are not nor can you be held, responsible for any actions done with that weapon now or any other time. Just as long as you can PROVE to any authorities questioning you that you "gifted" the firearm to him. Illinois is a PITA to put it mildly.

 

[Sam1911]

FFIL,

Would it be true to say that the "giver" must retain all the same information that a "seller" must retain (for 10 years, etc.)?

 

[Freedom_fighter_in_IL]

Sam,

In THIS state it is best to yes. Until we can get rid of this BS here it is BEST to CYA in every way possible.

 

[belercous]

You can also loan him the gun for a while and he might decide to buy it from you later, provided he still has a valid FOID card at the time of sale.