WI to IL Residency and FOID Question

Discussion in 'Legal' started by HGM22, Jul 19, 2015.

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  1. HGM22

    HGM22 Member

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    So my brother currently lives and works in Chicago, IL. He has lived there less than 1 year and I believe he is still a WI resident (though I am not sure; if someone knows more about what exactly defines an IL resident or has a link, please let me know).

    Assuming he is a resident of WI still, if he takes a gun to Chicago I believe that is fine. However, what would happen once he becomes an IL resident? Does he need to obtain a FOID card prior to becoming a resident of IL otherwise he is breaking the law? So basically he'd be fine one day, and breaking the law overnight the next?
     
  2. Jeff White

    Jeff White Moderator Staff Member

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    He can't get a FOID card before he becomes a legal Illinois resident. The FOID is only for Illinois residents.

    Here is the the section from the FOID Act that applies. I have highlighted the parts that would apply to your brother:
    http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39
    As you can see, non-residents can possess firearms without a FOID card for hunting or shooting on the range. They can also possess them while traveling in the state as long as they are unloaded and cased.

    When you move to Illinois with firearms you have a 60 day grace period before you have to have a FOID card. It usually takes every day of those 60 days to get a card so he should apply as soon as he becomes a resident and changes his DL to an IL DL.
     
  3. slumlord44

    slumlord44 Member

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    My understanding is that it can take a lot longer than 60 days to get a Foid card.
     
  4. HGM22

    HGM22 Member

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    So if I'm understanding this correctly he can basically stay a WI resident and possess a gun in the state without a FOID card until he gets an IL driver's license. At that point he has 60 days to obtain a FOID card. So what if he doesn't obtain an IL driver's license for some time?
     
  5. Jeff White

    Jeff White Moderator Staff Member

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    You have 90 days after becoming an Illinois resident to get an Illinois DL:

    http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+6&ActID=1815&ChapterID=49&SeqStart=76900000&SeqEnd=96600000
    They use the photo in the drivers license or state ID card database for the FOID card. It's simpler if the DL comes first.

    If he stays a Wisconsin resident the only uses he has for that firearm while in Illinois are the ones highlighted in bold in my original post. It would be technically illegal for him to have it in his room or apartment uncased and loaded. I don't know if anyone has ever been arrested for that, but that is the letter of the law.
     
  6. IBEWBULL

    IBEWBULL Member

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    Many states have differing resident requirements.
    If you work in a state you are not required to become a resident if you travel back home to your original home of record in the specific time on that states books.
    So choose where you want your home of record will be first then go by the rules. This also effect taxes of course. So if your record home is WI and you travel for a job then apartment or room rent is deductible as a business expense. Form 2106 Fed tax. This has a time limit unless you are under temporary sob status. Over a year on the job without a break or change in employer and good bye write off.
    So there is a lot to think on here.
    I never changed residency after relocating to WI in 1976.
    I hope I did not muddy the waters too much here.
     
  7. entropy

    entropy Member

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    Simple solution: He oughta move back to WI! ;)
     
  8. kwc

    kwc Member

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    Per Illinois' Firearm Concealed Carry Act (FCCA), a WI resident with a CCW License (or any non-resident allowed to carry in their home state) is allowed to carry a concealed (and loaded) handgun in the car while traveling within Illinois. (See 430 ILCS 66/40(e)). When exiting the car, it needs to be unloaded and in a case. If storing it in the trunk, there is no need to unload first if going directly to the trunk. The statute used to require unloading first but that changed through an amendment signed into law in July this year.

    However... a non-resident is someone who has lived in Illinois less than 30 days. It sounds like the OP's brother no longer meets these qualifications.

    I have read many, many times (but can't find a definitive reference) that Illinois considers a hotel room to be one's temporary abode. One is allowed to possess a loaded firearm in their abode per the Unlawful Use of Weapons statute (720 ILCS 5/24-1), whether a resident or not. But if a resident, a FOID card is required.

    FOID turnaround time is much faster than before; 3 to 4 weeks seems to be typical now.
     
    Last edited: Aug 2, 2015
  9. kwc

    kwc Member

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    "Dwelling" is defined in the beginning of the criminal code (which includes the UUW statute) as follows:

    A non-resident may possess a loaded firearm in his or her rented hotel room since that is considered a dwelling (portion of building... intended for human habitation).
     
  10. Frank Ettin

    Frank Ettin Moderator Staff Member

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    I don't think your brother should be so quick to assume that he can live and work in Chicago and not be a resident of Illinois. In general if someone lives and works in a State, especially for an indefinite period, he becomes a resident of that State.

    At Common Law "residence" and "domicile" where different, but complimentary, concepts:

    Those notions may have been modified in a State by statute. Whether or not you are a resident of a place will be decided in accordance with applicable law, and applicable law can vary depending on where you are and what the question is.

    So, for example, a State might by statute specify how long you must be living in that State: to be required to obtain a driver's license issued by that State; to be required to register your car in that State; to vote in that State; to pay tuition at the residents' rate at a state college; to qualify for a resident (rather than a non-resident) hunting license; etc. And federal law (27 CFR 478.11) defines "State of Residence" for the purposes of the Gun Control Act of 1968.

    Violating a State's firearm laws can have very unpleasant consequences. Your brother should get some advice from a qualified lawyer before he blithely assumes he's not a resident of Illinois and doesn't have to comply with Illinois firearms law as a resident.
     
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