Illinois Supreme Court Rules Non-residents Don’t Need FOID Card

Illinois Supreme Court Rules Non-residents Don't Need FOID Card

Illinois Supreme Court Rules Non-residents Don't Need FOID Card

The Illinois Supreme Court overturned a case that made it illegal for non-Illinois residents to carry a gun in the state without an Illinois Firearm Owner Identification Card, something that only Illinois citizens can obtain.

The ruling stems from a case out of Chicago. Following a routine traffic stop, Leonard Holmes, Jr., a resident of Indiana, was charged with two counts of aggravated unlawful use of a weapon.
During the stop, police discovered a loaded pistol in the backseat armrest of Holmes’ car, which generated the first charge. Police also tacked on a charge of carrying a firearm without an Illinois FOID.
The court ruled 7-to-0 that someone who has a permit to have a gun from their home state doesn’t need to also get a FOID card.

Source and more reading:  State House News

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  • Dbltap

    So was he charged with carrying without an Illinois permit to carry which does not exist. Last I knew Illinois did not recognize any sates carry permit.

  • Anonymous

    “If they’re permitted to have a gun in their home state and they just happen to be traveling through the state of Illinois and they get stopped for a speeding ticket or whatever and there’s a gun in the car, well we’re not going to charge them with a FOID card violation,”

    WHAT??? Seriously? So, any non-resident with a permit from their home state pass through Ill with a loaded firearm, but a resident is S.O.L. I would love to read the wording of that law.

    Sorry, just not buying it. Either selective enforcement or we’re not being given all the details.

  • LongPurple

    New Jersey had the same situation — ID card needed to “possess” a gun, and not available to non-residents. It is totally illogical to require something under a law, which does not permit one to obtain that required document.

  • ME

    So if their home state has less restrictive laws on carry a fire arm in the vehicle, they can do the same in IL? If their home state allows concealed carry OR open carry, they are allowed to do the same in IL? What’s the point in having ANY state laws, if they are only enforced on the residents of that state?

  • Rlrork55

    The law clearly states that non-residents don’t need an FOID. But the fact the police charged him knowing this shows theei utter contemp for law abiding gun owners. But wear your pants down around your ass and your hat on sideways and you’re given pass after pass because you vote Democrat. But this guy should have been smarter than to try to carry a gun in this state.

  • Rlrork55

    No (Me) you cannot posess a loaded gun period unless hunting, at a range, or in your home. The only way to pass through IL legally is unloaded and in a case made for a gun. If its in a zippered case made for a gun fine. Zip that same gun up in a suit case and its a felony. This state wants to make an example of you for even owning a gun.

  • Rlrork55

    I have a CCW from Utah and PA recognised in 30 states but I have to stop at the border of my own state, unload it and place it in a case. A word to the wise. While it is legal to carry a loaded clip in the same case as your unloaded gun if you are stopped in many jurisdictions or by the Illinois State Police they will open the case and place the loaded clip in the gun and then arrest you on a felony charge. This place is a cesspool.

  • Scott

    He was charged with two counts. The Supreme Court dismissed the FOID violation. The driver still faces changes on the aggravated unlawful use of a weapon. The only way to get CC in in Illinois is to be a Mayor, Council Person or a Police Officer.
    in Illinois is to be a Mayor, Council Person or a Police Officer.

     

  • allpeoplecreatedequal

    What are the rules for a non US citizen who resides in IL(6 years) regarding gun possession? I have a friend who was stopped for expired plate, then accused of police of child pornography, consented to have his apt searched, no child pornography found, and police asked about guns. He was honest and gave them the guns that he bought in Michigan many years ago when he hunted. He did not have a FOID card and the police confiscated the guns. This is a peaceful hispanic man(not great with language either) who works and minds his business. It doesn’t seem that a non US Citizen can get a FOID card in IL?????

    Is false accusation(to get entry into someones home) a new tactic to get rid of illegals? Police had no search warrant. Said it was an anonymous tip. Do illegal people have any humane rights? Any ideas and suggestions are appreciated. Will this person now be subject to deportation for a police set-up?

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