WI to IL Residency and FOID Question

[HGM22]

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?

 

[Jeff White]

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

(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required; exceptions.
(a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
(1) United States Marshals, while engaged in the operation of their official duties;
(2) Members of the Armed Forces of the United States or the National Guard, while engaged in the operation of their official duties;
(3) Federal officials required to carry firearms, while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations which
receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and enclosed in a case;
(10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
(12) Color guards of bona fide veterans organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;
(14) Resident hunters who are properly authorized to hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled;
(15) A person who is otherwise eligible to obtain a Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization; and
(16) Competitive shooting athletes whose competition firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
(c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties.
(d) Any person who becomes a resident of this State, who is not otherwise prohibited from obtaining, possessing, or using a firearm or firearm ammunition, shall not be required to have a Firearm Owner's Identification Card to possess firearms or firearms ammunition until 60 calendar days after he or she obtains an Illinois driver's license or Illinois Identification Card.
(Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)

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.

 

[slumlord44]

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

 

[HGM22]

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?

 

[Jeff White]

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

http://www.ilga.gov/legislation/ilc...hapterID=49&SeqStart=76900000&SeqEnd=96600000

7. A nonresident who becomes a resident of this State, may for a period of the first 90 days of residence in Illinois operate any motor vehicle which he was qualified or licensed to drive by his home state or country so long as he has in his possession, a valid and current license issued to him by his home state or country. Upon expiration of such 90 day period, such new resident must comply with the provisions of this Act and apply for an Illinois license or permit.

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.

 

[IBEWBULL]

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.

 

[entropy]

Simple solution: He oughta move back to WI!

 

[kwc]

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.

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.

 

[kwc]

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

(720 ILCS 5/2-6) (from Ch. 38, par. 2-6)
Sec. 2-6. "Dwelling". (a) Except as otherwise provided in subsection (b) of this Section, "dwelling" means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence.

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).

 

[Frank Ettin]

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?....

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:

Although the domicile and residence of a person are usually in the same place, and the two terms are frequently used as if they have the same meaning, they are not synonymous. A person can have two places of residence, such as one in the city and one in the country, but only one domicile. Residence means living in a particular locality, but domicile means living in that locality with the intent to make it a fixed and permanent home. Residence merely requires bodily presence as an inhabitant in a given place, whereas domicile requires bodily presence in that place and also an intention to make it one's permanent home.

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.