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Old April 21, 2009, 09:25 AM   #1
blw679
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Location: Evanston, IL
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Illinois Laws for Out of State residents

I am a Michigan resident (with Michigan ID) currently residing in a suburb of Chicago going to school full-time. What steps are necessary to take to be able to purchase a shotgun here in Illinois? I have purchased firearms before in Michigan but just wondered if there are a lot of loopholes to jump through buying here.
Thanks in advance for your help.
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Old April 21, 2009, 11:57 AM   #2
ilbob
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Good question.

The answer is a little convoluted.

Federal law no longer precludes you from buying a long gun out of state.

State law would thus apply.

Quote:
(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.
So you can neither possess nor acquire a firearm in Illinois without a FOID card. There are some interesting exceptions though.

Quote:
b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
...
(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;
There are some other exceptions for hunters.

Quote:
(430 ILCS 65/3a) (from Ch. 38, par. 83‑3a)
....
(b) Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky or a non‑resident with a valid non‑resident hunting license, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a rifle, shotgun or ammunition for a rifle or shotgun in Illinois.
This provision seems to modify the previous paragraph requiring a FOID card to buy a long gun if you are from a contiguous state OR you are a non-resident and have a non-resident hunting license. MI is not a contiguous state so presuming you are legal and over 18, you would seem to need a non-resident hunting license.

I have no idea what a gun dealer would say about it. They may not want to screw around with it.
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Last edited by ilbob; April 21, 2009 at 12:10 PM.
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Old April 21, 2009, 03:02 PM   #3
blw679
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Thanks a lot for your response. I am planning to contact a local gun dealer this weekend to hopefully sort this out.
Again, thank you.
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Old April 21, 2009, 03:11 PM   #4
blw679
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I just spoke with someone at a local gun shop and they told me it was required that I have an Illinois State ID or drivers license and that it is needed on my firearms application. Just thought I would let you know!
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Old April 23, 2009, 09:58 AM   #5
ilbob
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Quote:
I just spoke with someone at a local gun shop and they told me it was required that I have an Illinois State ID or drivers license and that it is needed on my firearms application. Just thought I would let you know!
that is true for a firearms owner id card.

as a non-resident though, you are not eligible for a FOID card.
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Old June 7, 2010, 06:27 AM   #6
Buck 1965
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can an Indiana resident

Can an Indiana resident sell guns at gun shows and flea markets in Il?
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Old June 7, 2010, 09:38 AM   #7
NavyLT
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Quote:
Can an Indiana resident sell guns at gun shows and flea markets in Il?
Yes. But only if the transaction is performed through an FFL. However, be advised, that you must also obey Illinois law regarding the actual possession and transportation of those guns. There isn't a snow ball's chance in hell I would try it, without an Illinois gun lawyer right next to me already on retainer.

Illinois statute:

Quote:
65/3. Transfer of firearms; records;
exceptions

(a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.

(a-5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.

(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense.

(b-5) Any resident may purchase ammunition from a person outside of Illinois. Any resident purchasing ammunition outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents.
Federal statute:

Quote:
§ 922. Unlawful acts

(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
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Old June 8, 2010, 07:54 PM   #8
NukemJim
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Quote:
Yes. But only if the transaction is performed through an FFL. However, be advised, that you must also obey Illinois law regarding the actual possession and transportation of those guns. There isn't a snow ball's chance in hell I would try it, without an Illinois gun lawyer right next to me already on retainer.
You forgot the multiple video cameras that are being recorded live off site to several servers, no sound of course*. And the willingness to risk years of court hassles.


Otherwise + 1

Best wishes

NukemJim




* In ILL all parties involved in a conversation must know about it and agree to the audio recording of a conversation or whoever is making the audio recording of the conversation can be arrested and of course the audio portion of the tape would not be allowed in court. There was a case in Decatur where a person was arrested for filming LEO stops, he stayed out the LEOs way but they got him for for making the audio recording. Illinois law makers do not want to let people know or prove what was said behind closed doors. Gee, I wonder why
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Old June 9, 2010, 05:59 PM   #9
langenc
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Just stay the hexx out of IL!!!
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