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Posted: 4/26/2009 9:04:41 PM EDT
I see you guys/gals get plenty of FOID questions when I did my search but I couldn't find what i was looking for.

Was visting my SIL this weekend and went with my BIL to Mega Sports off of I-55. He's fairly new to guns and asked for my opinion.  We told the guy what we wanted to see and then he asked for our FOID cards. My BIL gave his but when he asked for mine I simply said I didn't have one. The clerk then said I couldn't even handle the guns.  

I didn't elaborate that I don't need one in MO but maybe that doesn't matter.  I would not normally buy a gun without holding/inspecting it.  As a MO resident, can I not buy a gun in IL and have it shipped to my local FFL?

TIA
tr

btw, that Mega store has a huge selection, there's nothing even close in the StL area
Link Posted: 4/26/2009 9:46:10 PM EDT
Federal law allows you to buy a long gun from any state that physically borders Mo.
Illinois state laws requires dealers to ask and see your FOID card prior to handling firearms.

Welcome to Illinois.
Link Posted: 4/27/2009 5:21:28 AM EDT
Originally Posted By rubble:
Federal law allows you to buy a long gun from any state that physically borders Mo.
Illinois state laws requires dealers to ask and see your FOID card prior to handling firearms.

Welcome to Illinois.


But shouldn't his out of state DL been enough? Can't have a FOID if you don't live here......

Link Posted: 4/27/2009 5:54:12 AM EDT
[Last Edit: 4/27/2009 5:57:15 AM EDT by shadesofgrey]
Originally Posted By rubble:
Federal law allows you to buy a long gun from any state that physically borders Mo.
Illinois state laws requires dealers to ask and see your FOID card prior to handling firearms.

Welcome to Illinois.


Federal law allows a person to acquire a long gun from ANY state as long as it goes through an FFL in that state.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
His driver's license should be enough to handle firearms (at least long guns) if he identified himself as an out of state resident.
Link Posted: 4/27/2009 6:02:04 AM EDT
Thanks for the info. My internet searching ability is not great but I did manage to find that it appears longguns and shotguns would be ok, if I identified myself as a MO resident.

I couldn't find anything on handguns though.

Thanks again fo the help!

tr
Link Posted: 4/27/2009 6:04:22 AM EDT
[Last Edit: 4/27/2009 6:04:39 AM EDT by ilbob]
Originally Posted By shadesofgrey:
Originally Posted By rubble:
Federal law allows you to buy a long gun from any state that physically borders Mo.
Illinois state laws requires dealers to ask and see your FOID card prior to handling firearms.

Welcome to Illinois.


Federal law allows a person to acquire a long gun from ANY state as long as it goes through an FFL in that state.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
His driver's license should be enough to handle firearms (at least long guns) if he identified himself as an out of state resident.


That would make way too much sense.

The law seems fairly clear.

430 ILCS 65/3) (from Ch. 38, par. 83‑3)
   Sec. 3. (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


So except as allowed by section 3a, you can't transfer a gun to someone w/o a FOID card.

(430 ILCS 65/3a) (from Ch. 38, par. 83‑3a)
   Sec. 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.


So one would think being from MO you would be OK to look at a long gun.

I would argue that allowing someone to hold a firearm for the sole purpose of inspecting it does not constitute a transfer, but the antigun state police have decided it does.
Link Posted: 4/27/2009 6:29:44 AM EDT
As a MO resident you can purchase long arms directly from a IL dealer and handguns if you have them transfered to your local ffl.
Link Posted: 4/27/2009 6:58:40 AM EDT
Yeah but remember he went to mega sports.....
Link Posted: 4/27/2009 7:11:32 AM EDT
One thing that everyone seems to forget, since we see these posts all of the time.  As a business owner, you can conduct business ANY way you want.  There are no laws that FORCE you to do business with anyone.  Guns, ammo, cheese,  it doesn't matter.  Now,  I dont think that it is good business to act that way, but it is the business owners choice.   And we as consumers can choose who we spend our money with too.
I'm not saying it's right, but it is reality.

Just my opinion,  I could be wrong..........      
Link Posted: 4/27/2009 9:23:01 AM EDT
Unless Missouri law prohibits it (and I don't believe it does) you can buy a long arm in any state and have it shipped to a FFL in Missouri for transfer to you (This is Federal law).

Illinois state law limits its residents to only being able to buy long arms from Illinois and its contiguous states.

As for needing a FOID to handle firearms, there is no such restriction. As long as there is a FOID holder supervising the handling (i.e. the shop clerk) you are within the law to handle it. However most stores won't bother allowing you to handle any firearm without one. If you would have told the clerk you were from out of state and showed him your DL, you may have been permitted to handle the firearm in their store.
Link Posted: 4/27/2009 9:54:40 AM EDT
Thanks again for the replies. I didn't identify myself as I had no real reason to press the issue. I just didn't know how the whole FOID process worked and figured it was SOP. Also, I was just helping my BIL by pointing out what I would recommend based on my experience and his criteria.  I do think next time I'm up there I will talk to them again because they really had a nice selection, way better than anything around here.

Thanks neighbors!

tr
Link Posted: 4/29/2009 11:11:35 PM EDT
Originally Posted By shadesofgrey:
Originally Posted By rubble:
Federal law allows you to buy a long gun from any state that physically borders Mo.
Illinois state laws requires dealers to ask and see your FOID card prior to handling firearms.

Welcome to Illinois.


Federal law allows a person to acquire a long gun from ANY state as long as it goes through an FFL in that state.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
His driver's license should be enough to handle firearms (at least long guns) if he identified himself as an out of state resident.


Federal law is not prohibiting, state law is.  This is one of the acts that FFL's have to interpret. As you read you'll see its not simple as it looks.

(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.
       (2) No person may acquire or possess firearm ammunition 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.
   (b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
       (1) United States Marshals, while engaged in the operation of their official duties;
       (2) Members of the Armed Forces of the United States or the National Guard, while engaged in the operation of their official duties;
       (3) Federal officials required to carry firearms, while engaged in the operation of their official duties;
       (4) Members of bona fide veterans organizations which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
       (5) Nonresident hunters during hunting season, with valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;About possession not acquiring.
       (6) Those hunters exempt from obtaining a hunting license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
       (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;About possession not acquiring.
       (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;About possession not acquiring.
       (9) Nonresidents whose firearms are unloaded and enclosed in a case;About possession not acquiring.
       (10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;Interesting, but now I'm suppose to know all of the other state laws? How do I know if someone is properly registered or what gun permit is valid from another state?
       (11) Unemancipated minors while in the custody and immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
       (12) Color guards of bona fide veterans organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
       (13) Nonresident hunters whose state of residence does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;About possession not acquiring.
       (14) Resident hunters who are properly authorized to hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled;
       (15) A person who is otherwise eligible to obtain a Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization; and
       (16) Competitive shooting athletes whose competition firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
   (c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties.
(Source: P.A. 96‑7, eff. 4‑3‑09.)
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