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Posted: 11/23/2020 3:03:48 AM EDT
Does a firearms transfer to a family member (daughter-in-law) in Illinois require a FOID check authorization number?  Asking because she applied for her FOID in July and surprise, surprise, the state hasn't gotten around to doing anything yet.  There seems to be two things wrong here.  One, simply ignoring her request for a FOID card means she's being denied a constitutional right.  Two, the state has failed to comply with their own statutes regarding the required issue timeline.  Interested in hearing from those who've had to deal with this themselves, or know what the law says in this case.
Link Posted: 11/23/2020 1:51:25 PM EDT
[#1]
IANAL

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39

Inheritance. Sounds like in normal times you had 60 day period which should cover getting a FOID. Slightly off topic, but maybe  slightly helpful.

430 ILCS 65/12) (from Ch. 38, par. 83-12)
   Sec. 12. The provisions of this Act shall not apply to the passing or transfer of any firearm or firearm ammunition upon the death of the owner thereof to his heir or legatee or to the passing or transfer of any firearm or firearm ammunition incident to any legal proceeding or action until 60 days after such passing or transfer.
(Source: Laws 1967, p. 2600.)
View Quote


Gifting a firearm

http://www.ilga.gov/legislation/publicacts/98/098-0508.htm

(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
               (2) transfers as a bona fide gift to the transferor's
   husband, wife, son, daughter, stepson, stepdaughter,
   father, mother, stepfather, stepmother, brother, sister,
   nephew, niece, uncle, aunt, grandfather, grandmother,
   grandson, granddaughter, father-in-law, mother-in-law,
   son-in-law, or daughter-in-law;
View Quote


Sounds like: Immediate family member gift exempt from FOID verification. Family member must meet all ownership requirements. Still need to keep record of transfer.

IANAL x2
Link Posted: 11/23/2020 2:40:37 PM EDT
[#2]
Asking because she applied for her FOID in July and surprise, surprise, the state hasn't gotten around to doing anything yet.
View Quote


E-mail sent.
Mike

Link Posted: 11/25/2020 2:23:00 AM EDT
[#3]
My thanks to everyone for their input.
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