IL Legal Help

[AR27]

Hi everyone, I recently posted about buying a AR-15 for my 17 year old little brother (he has his foid) and came to a conclussion that his parents will get foids and buy it for him.

Well they have a few questions that i dont know the answers to, I am hoping someone on the THR will help.

They basically want to know how liable they are and for how long. Say he was to use this weapon against a burgular in thier home, would this be a problem? Since he is paying for the weapon it is his and he will own it his entire life. Now say the same situation happens but its 8 years down the road and he lives in his own house. If the court were to rule his use of the weapon un-just would this leave his parents liable? Is that firearm legally thiers since they filled out the paperwork? If it is, how can they "transfer" it into his name next year when he turns 18?

 

[Jaybird78]

Talking to a lawyer that deals in firearm law would be best.

That being said my father bought me a shotgun while I was 17 ( a gift). I never had to shoot anyone. My father is still on the 4473 form for that shotgun. It was a gift and so no paperwork between us was neccessary. We both had FOID cards.

I would bet there is some liability (parent on 4473) with him being underage if he would have to shoot someone.

Some would say what they plan to do is a "straw purchase". Them being family however and if everyone has a FOID I would say a "don't ask, don't tell policy would be best on who is buying (say it is a gift). When you buy the form asks you "Are you intended owner?" I have heard SOME FFL's will not sell to you even if it is a gift for someone. Worried about LIABILITY!

If parent wanted to "transfer" the rifle after he turns 18 to put their minds at rest they would have to write up a personal bill of sale between the two with Foid numbers being exchanged, waiting period to be followed, date, description and serial number of rifle and the seller (parent) keeping the sale record for a period of 10 (TEN, yes I said TEN) years.

With this being said and I'm sure I'm leaving some details out. Is your brother responsible? Can he just wait one more year?

Good luck

 

[joe_security]

I would say use something other than the black rifle for HD use. Do you want a prosecutor holding up an AR15 for jurors to see ? I understand that he has the FOID no foul there, and also that the AR platform is a great HD weapon. I just would not want to see trouble in court, where HD shootings tend to end up. Note that I am NOT an attorney, its best to consult with one.

 

[Autolycus]

I would suggest buying him some gift certificates for the place you intend to buy it from and then have him buy it when he is 18.

Or just buy it and transfer it to him as a gift when he is 18.

 

[belercous]

In private sales in Ill there is no waiting period. A bill of sale is not required either, but the transfer info (date, foid) must be kept for 10 years.

8 yrs. down the road, with a proper transfer (name, date of transfer, FOID of transferee) absolves the parents of liability completely. (this assumes that the kid is not mentally "defective" or otherwise ineligible to own a gun, and the parents had knowledge of such at or before the time of transfer.)

Once the transfer is made the gun is the kid's, irrespective of who bought it, assuming all laws were followed. And the kid doesn't have to be 18 to own it.

How about looking up ILCS 720 Ch. 430 Act 65 and reading it in toto? That's the Illinois gun law section. You might be surprised at what is in there. And it is a more definitive source than people like us on the intertube giving advice. Remember, one cannot cite a post on the interweb in court, but one can cite the law.

N.B., A Bushmaster (XM-15) carbine is quite accurate with even Wolf ammo.

 

[NukemJim]

In private sales in Ill there is no waiting period

Uhmm, er, you might want to check with the Illinois State Police on the above statement. More specifically check out this link http://www.isp.state.il.us/docs/9-049.pdf

Waiting periods do apply for private sales (24hr long guns, 72 hr handguns) and must be documented on the transfer form.

IIRC this is a fairly recent (2-4 years) tweak of the rules.

Just trying to help people stay out of trouble.

NukemJim