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Posted: 12/31/2016 10:11:15 PM EDT
I have an employee whos father is showing signs of dementia. How would my employee go about getting the guns from him? For what its worth, the father has agreed at times to let go of the guns.

Could a simple ISP check to the son and the ISP transfer record with all the guns listed be sufficient?

Thanks
Link Posted: 1/1/2017 2:03:57 AM EDT
[#1]
Go through an FFL and have them transfer into his name... Or, do it via the online website.  Get them out of his name and possession before he hurts himself or someone else.
Link Posted: 1/1/2017 10:14:52 AM EDT
[#2]
If the son and father are both in Illinois, the only requirement is that the son have a valid FOID.  If the father makes the firearms a "gift" no ISP check or transfer form is necessary by state statute.

The father should keep a list of the transferred firearms, serial numbers and descriptions and his son's FOID information for ten years.

I agree with Brassaholic13, the transfer should be done ASAP.
Link Posted: 1/1/2017 2:34:21 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If the son and father are both in Illinois, the only requirement is that the son have a valid FOID.  If the father makes the firearms a "gift" no ISP check or transfer form is necessary by state statute.

The father should keep a list of the transferred firearms, serial numbers and descriptions and his son's FOID information for ten years.

I agree with Brassaholic13, the transfer should be done ASAP.
View Quote


The son/my employee, will most likely sell most of the guns to cover fathers expenses. Does that change anything?
They are both Illinois residents and actually live a cross the street from 1 another.
Link Posted: 1/1/2017 8:44:33 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


The son/my employee, will most likely sell most of the guns to cover fathers expenses. Does that change anything?
They are both Illinois residents and actually live a cross the street from 1 another.
View Quote


In this messed up state, you're best to cover your ass at all times.  Transfer via ISP website or IL FFL to the son, and then transfer from the son to whomever he sells them to via FFL.  This way there's a paper trail, and ZERO ambiguity to cause issue with legal crap.

As far as I'm concerned, with the amount of illicit firearms running around and the people who carry them, it should be as easy as going to Walmart and picking up a pair of underwear.  However, the feds and state love to complicate things over "feel good legislation".
Link Posted: 1/1/2017 11:52:06 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


The son/my employee, will most likely sell most of the guns to cover fathers expenses. Does that change anything?
They are both Illinois residents and actually live a cross the street from 1 another.
View Quote


Once the firearms are the property of the son, he can sell them if he likes.  If the son sells a firearm, it would be best if he acquired an approval number from the ISP website and kept a record of transfer.  The ISP will not issue an approval number if the buyer's FOID is not valid.

The seller of a firearm has to keep record of the transaction for ten years.  At a minimum, a record of the firearm make, model, serial number and the buyer's FOID number has to be kept.  A record of transfer form can be printed off the ISP website after an approval number is acquired.  If a firearm is so old that it did not have a serial number when it left the factory, the seller should keep a description of the firearm.  Example: Stevens 16 gauge double barrel shotgun with blue steel and walnut wood finish.

The son should educate himself on local laws, city and county, before selling firearms.  To comply with state law, the son needs a valid FOID to possess firearms and the buyer of any firearm is required to have a valid FOID.  

Selling firearms can be tricky business if you do not know anything about the buyer.  Caution is the key.  I would never allow anyone I did not know to come to my home to view a firearm.  I would also be very careful about where I met someone to complete a transaction.

In any case, the seller must wait 24 hours before transferring a long gun and 72 hours before transferring a concealable firearm (handgun) to the buyer.   There is some direction and applicable case law on the ISP website that explains what legally constitutes making an agreement to start the clock ticking to satisfy the required waiting period.  

In what town are these gentlemen located?
Link Posted: 1/2/2017 9:32:43 AM EDT
[#6]
This thread saddens me a little bit guys.  I wish best of luck to your employee/son and father.  My old man is kind of getting there too.
Link Posted: 1/2/2017 10:21:27 PM EDT
[#7]
They live in Shorewood/Joliet.

The guns ive heard about so far sound like they could net some decent cash.
Link Posted: 1/3/2017 6:57:12 PM EDT
[#8]
My dad suffered from dementia before he passed away last year.  He had an incident in the nursing home while recuperating from a broken hip and was shipped over to the psyche ward.  Getting a letter from ISP demanding that he relinquish his FOID and his guns was painful to say the least.  The sooner this is taken care of the better.  Dementia only gets worse, and people who have it tend to get very combative at times.

Initially we ended up locking the guns in a safe and telling dad that the people coming in the house to help him might steal them if they weren't locked up, but eventually they had to be removed completely to comply with IL law.  It would have been nice to do that without a very short legal deadline demanded by the ISP.....

Make sure they both have FOID cards.  I would use the ISP FOID check website and get a transaction number and receipt.  Fill out of a bill of sale from whatever online source you like and have the old man sign them over to the son so he has a written record of the transaction to keep. There are instructions on the ISP website IIRC.
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