Changing Licenses To Buy Handgun - Chicagoland Sportbikes
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post #1 of 23 (permalink) Old 03-02-2010, 10:39 AM Thread Starter
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Changing Licenses To Buy Handgun

So I'm interested in purchasing a handgun, but because I live in Crook County I can't buy one ... right?


Well I'm at college in Iowa currently, whats to say I can't go into the DMV with my passport and pick up an Iowa Driver's License and go buy a handgun here with that?
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post #2 of 23 (permalink) Old 03-02-2010, 10:41 AM
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I thought the ban was only Oak Park and Chicago?

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post #3 of 23 (permalink) Old 03-02-2010, 10:43 AM
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I live in Cook county and have one legally - I think it's just the city that's messed up like that.

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post #4 of 23 (permalink) Old 03-02-2010, 10:44 AM Thread Starter
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I thought the ban was only Oak Park and Chicago?
Yeah that applies to me.
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post #5 of 23 (permalink) Old 03-02-2010, 10:46 AM
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That case (handgun ban) is actually up in the supreme court today I believe. Your permanant address would have to change in order to get a license in Iowa.
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post #6 of 23 (permalink) Old 03-02-2010, 10:47 AM
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You have to turn in your IL license.

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post #7 of 23 (permalink) Old 03-02-2010, 10:47 AM Thread Starter
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Originally Posted by Pocket Rockets View Post
That case (handgun ban) is actually up in the supreme court today I believe. Your permanant address would have to change in order to get a license in Iowa.
I can't just walk in with a utility bill and a Passport?

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You have to turn in your IL license.
and tell them I lost the IL license
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post #8 of 23 (permalink) Old 03-02-2010, 10:51 AM
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I live in Chicago. I asked a gun shop owner this question. As long as you have a valid foid card you can buy any gun they sell legally. It will be illegal for you to store that gun in Chicago. So you can leave it in say Frankfort and be free and clear.

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post #9 of 23 (permalink) Old 03-02-2010, 10:52 AM Thread Starter
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I live in Chicago. I asked a gun shop owner this question. As long as you have a valid foid card you can buy any gun they sell legally. It will be illegal for you to store that gun in Chicago. So you can leave it in say Frankfort and be free and clear.
Sweet, sounds good to me!
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post #10 of 23 (permalink) Old 03-03-2010, 01:29 PM

 
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post #11 of 23 (permalink) Old 03-03-2010, 01:41 PM
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Well, at least we know the CLSB group rides are safe...as everyone"s packin'!!!
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post #12 of 23 (permalink) Old 03-03-2010, 02:06 PM
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Quote:
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That case (handgun ban) is actually up in the supreme court today I believe. Your permanant address would have to change in order to get a license in Iowa.
Yea, the case is being heard today, but they may not make a decision on it until June or so, and who knows when after that will laws concerning gun restrictions finally get overturned. Could be a while.

I'm not a fan of guns, but I find the gun ban for Chicago and Oak Park offensive, constitutionally speaking. It it were me in this situation and I wanted a gun that badly, I think I would move.

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post #13 of 23 (permalink) Old 03-03-2010, 02:35 PM
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As long as you have a valid F.O.I.D card you can buy a handgun in Illinois no matter where you live. You will have to comply with the waiting period and all of the state laws regarding purchase, but the address on your F.O.I.D or drivers license has no bearing on your legal right to buy a firearm in Illinois.
If you bring the gun into Chicago, you COULD be subject to violating the City ordinance of possesion, but that's a misdemeanor and as long as you are transporting the weapon in accordance with state law, the worst that could befall you is a fine. They could confiscate the gun, but as long as you are in compliance with state law they would have to return your property to you.
It's a gray area...most Chicago Cops I know would only cite you for violations if you were doing something stupid, like transporting the gun loaded or within reach of the driver etc. Most handgun owners I know who live in Chicago who have handguns they use for sport carry the guns unloaded in locked bags or cases and locked in their trunk. I've never heard of anyone beng cited or arrested for Chicago gun ordinance violations who have traveled to and from the range that way.

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post #14 of 23 (permalink) Old 03-03-2010, 02:40 PM

 
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As long as you have a valid F.O.I.D card you can buy a handgun in Illinois no matter where you live. You will have to comply with the waiting period and all of the state laws regarding purchase, but the address on your F.O.I.D or drivers license has no bearing on your legal right to buy a firearm in Illinois.
If you bring the gun into Chicago, you COULD be subject to violating the City ordinance of possesion, but that's a misdemeanor and as long as you are transporting the weapon in accordance with state law, the worst that could befall you is a fine. They could confiscate the gun, but as long as you are in compliance with state law they would have to return your property to you.
It's a gray area...most Chicago Cops I know would only cite you for violations if you were doing something stupid, like transporting the gun loaded or within reach of the driver etc. Most handgun owners I know who live in Chicago who have handguns they use for sport carry the guns unloaded in locked bags or cases and locked in their trunk. I've never heard of anyone beng cited or arrested for Chicago gun ordinance violations who have traveled to and from the range that way.

Question. Lets say they confiscate the gun. Then you have to pay your fine, go to the station and pick it up? So when you leave the station they snag you again for the same offense? Or in theory they could?
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post #15 of 23 (permalink) Old 03-03-2010, 02:42 PM
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hmmm, being deceptive on your place of residency in order to obtain a firearm probably isn't the best of roads to travel down.

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post #16 of 23 (permalink) Old 03-03-2010, 03:43 PM
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Question. Lets say they confiscate the gun. Then you have to pay your fine, go to the station and pick it up? So when you leave the station they snag you again for the same offense? Or in theory they could?
I don't think that would sit well with a judge that ordered them to return your property...Do you?

In the first place, if you are transporting a firearm in compliance with state law while holding a valid F.O.I.D, chances are even if you get stopped for a traffic violation the police would never know you have a gun with you unless you told them.
If the police are executing a search warrant on your home (that's the only way they're getting into my home)...I'd say that you have bigger problems than violating a city ordinance...AND If you're that concerned about it after the judge returns your property...take it out of the city and lock it in a gun shop locker.

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post #17 of 23 (permalink) Old 03-03-2010, 04:57 PM
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what happens if you, live in Chicago/Oak Park, legally own a handgun (w/foid card), keep it in your house (against city ordinance), and.......have to end up using it to take down (kill) a burglar in a home invasion/ self-defense situation?

Is it still misdemeanor at that point or does it a felony at that point?

-Maciek
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post #18 of 23 (permalink) Old 03-03-2010, 05:08 PM
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you can transport a gun thru chicago, so i dont see the issue unless they are coming into your house. why are they in your house in the first place? you prolly have bigger problems.

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post #19 of 23 (permalink) Old 03-03-2010, 05:11 PM
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Quote:
Originally Posted by ABSOLUTnie View Post
what happens if you, live in Chicago/Oak Park, legally own a handgun (w/foid card), keep it in your house (against city ordinance), and.......have to end up using it to take down (kill) a burglar in a home invasion/ self-defense situation?

Is it still misdemeanor at that point or does it a felony at that point?
Search for an identical case that happened in Wilmette.

Greg

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post #20 of 23 (permalink) Old 03-03-2010, 05:13 PM
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you can transport a gun thru chicago, so i dont see the issue unless they are coming into your house. why are they in your house in the first place? you prolly have bigger problems.
One other thing to consider about storing handguns in chicago or oak park. Make sure you or your SO is not an attorney or an employee of the city. It could cost you your job as well.

Greg

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post #21 of 23 (permalink) Old 03-03-2010, 07:48 PM
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what happens if you, live in Chicago/Oak Park, legally own a handgun (w/foid card), keep it in your house (against city ordinance), and.......have to end up using it to take down (kill) a burglar in a home invasion/ self-defense situation?

Is it still misdemeanor at that point or does it a felony at that point?
According to a CPD detective who I posed a similar question to, if you otherwise legally own the gun and the investigation does not warrant any charges because you were defending yourself from an unknown attacker who illegally entered your home, chances are you would not even be charged on the city ordinance. In which case you would likely even have the gun returned to you.
Having a prior relationship with the person who was shot or inviting/allowing them into your home would complcate matters, but if the shooting still proved justifiable, the outcome would be the same.
A felony would only be charged if the shooting was deemed not justified or if the gun was possesed illegally i.e. stolen or serial # tampered or it tested in ballistics as having been used in a crime etc.
He also told me that if one should ever have to use an unregistered firearm to protect themself in their own home one should not answer any questions without an attorney present... and one should just repeat "I was in fear for my life...he (she) threatened my life."
As a sidenote, there is an inconsistency to the Chicago handgun ban. Anyone who had a gun before (approximately) 1982 and registered it and kept the registration current is not in violation of the city ordinance.
In my opinion (I'm not a lawyer)...that violates the equal treatment under the law part of the constitution.

"Dirt is for racing on...Asphalt is for getting there" OR "Flat trackers go in deeper and come out harder... OR (With apologies to General MaCarthur) "Old motorcycle racers never die, they just slip off the groove and fade into the dust!

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post #22 of 23 (permalink) Old 03-03-2010, 07:52 PM
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Search for an identical case that happened in Wilmette.
Weren't there some questionable aspects to that case and didn't the shooter ultimately prevail in appeal?

"Dirt is for racing on...Asphalt is for getting there" OR "Flat trackers go in deeper and come out harder... OR (With apologies to General MaCarthur) "Old motorcycle racers never die, they just slip off the groove and fade into the dust!

If you want to anger a conservative, tell him a lie. To anger a liberal all one must do is tell the truth!
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post #23 of 23 (permalink) Old 03-03-2010, 08:54 PM
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Quote:
Originally Posted by OldTimeBiker View Post
According to a CPD detective who I posed a similar question to, if you otherwise legally own the gun and the investigation does not warrant any charges because you were defending yourself from an unknown attacker who illegally entered your home, chances are you would not even be charged on the city ordinance. In which case you would likely even have the gun returned to you.
Having a prior relationship with the person who was shot or inviting/allowing them into your home would complcate matters, but if the shooting still proved justifiable, the outcome would be the same.
A felony would only be charged if the shooting was deemed not justified or if the gun was possesed illegally i.e. stolen or serial # tampered or it tested in ballistics as having been used in a crime etc.
He also told me that if one should ever have to use an unregistered firearm to protect themself in their own home one should not answer any questions without an attorney present... and one should just repeat "I was in fear for my life...he (she) threatened my life."
As a sidenote, there is an inconsistency to the Chicago handgun ban. Anyone who had a gun before (approximately) 1982 and registered it and kept the registration current is not in violation of the city ordinance.
In my opinion (I'm not a lawyer)...that violates the equal treatment under the law part of the constitution.
Thanks. Exactly what I wanted to hear.

-Maciek
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