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Posted: 3/1/2006 5:41:08 PM EDT
[Last Edit: 3/21/2006 6:01:36 AM EDT by MarkinIN]
I am just inside of Indiana, thankfully, but I have a nephew that is in Illinois, and will be attending college instate. His intentions are to finihs school and move to another state. Anyway, the reason for the title of this thread. He does not yet have a FOI, nor has submitted for one, but has shown an interest in shooting when I have taken him out. He plans on going into teaching, and I am concerned with this being on his record. I know there are a lot of things that are pulled up in a background check that a company cannot legally use, but it is a fat chance that those things do not enter into the mind of the person that does the hiring. I know that 4473.20s show up on background checks, I had them comeup when I was getting a job at Menards and at a chemical company. I am quite sure, therefore, that something, like a FOI, that is run through the state police, would not show up. Under a normal career, I doubt this would come into question, but with him being a teacher, I am a bit concerned.
Is the FOI something that can be used to descriminate against him during the hiring process? Are 4473s the same way?
If neither of these can legally be used to descriminate, I am sure that it will show up, so do you think that it would put him at the bottom of the list of candidates if it shows up? I doubt there is any way to prove that something like that would have made his application insignificant, and if it were brought up to a higher up on the teaching faculty or some similar place, the governing body would rule in favor of the school, seeing as how your state legislature is acting.

Any help with this would be greatly appreciated. I am currently recommending that he wait to do anything with firearms till at least he has his first job secured, but if these things would prove insignificant, then, I would help him get into the sport.
Thanks, Mark.
(If any of this is reduntant or illogically worded, I'm sorry, my defense is that I am a product of Chicago public schools)
Link Posted: 3/1/2006 5:46:21 PM EDT
i would say he'd be okay....where at in IN do you live?? just wondering.....and for the record it's FOID but i don't really care what you call it cuz i don't like it hehe....ne ways i can understand ur concern but i really do think he'd be alright...i'm from a small town and have had plenty of teachers who were/are hunters and gun collectors so i would not worry unless he is thinkin about teaching up around the city....then he may run into probs w/ the liberalistic schools up there......but anywhere south of 80 or west of shitcago i think he would be alright.....as long as he has a clean record and keeps it that way!! turn around time for the FOID card i believe is somewhere around 45 days or so!
Link Posted: 3/1/2006 7:42:12 PM EDT

Originally Posted By MarkinIN:
I am just inside of Indiana, thankfully, but I have a nephew that is in Illinois, and will be attending college instate. His intentions are to finihs school and move to another state. Anyway, the reason for the title of this thread. He does not yet have a FOI, nor has submitted for one, but has shown an interest in shooting when I have taken him out. He plans on going into teaching, and I am concerned with this being on his record. I know there are a lot of things that are pulled up in a background check that a company cannot legally use, but it is a fat chance that those things do not enter into the mind of the person that does the hiring. I know that 4473.20s show up on background checks, I had them comeup when I was getting a job at Menards and at a chemical company. I am quite sure, therefore, that something, like a FOI, that is run through the state police, would not show up. Under a normal career, I doubt this would come into question, but with him being a teacher, I am a bit concerned.
Is the FOI something that can be used to descriminate against him during the hiring process? Are 4473s the same way?
If neither of these can legally be used to descriminate, I am sure that it will show up, so do you think that it would put him at the bottom of the list of candidates if it shows up? I doubt there is any way to prove that something like that would have made his application insignificant, and if it were brought up to a higher up on the teaching faculty or some similar place, the governing body would rule in favor of the school, seeing as how your state legislature is acting.

Any help with this would be greatly appreciated. I am currently recommending that he wait to do anything with firearms till at least he has his first job secured, but if these things would prove insignificant, then, I would help him get into the sport.
Thanks, Mark.
(If any of this is reduntant or illogically worded, I'm sorry, my defense is that I am a product of Chicago public schools)




Dear Mark: I understand your well founded concern. I am a part time substitute teacher with a Type 39 Illinois teaching certificate licensed outside of Cook County. I am also a registered gun owner via the Illinois FOI card system and have been for a long time prior to my becoming a PT teacher.

I cannot speak for Cook County teachers, but your nephew should have no problem obtaining a teacher's license while while in possession of a FOI card and a record of 4473's. I have never encountered any problems being a gun owner and a FOI card holder in light of my licensing procedure and teaching tenure. I have never felt discriminated against for being a gun owning teacher that I am personally aware of.

However, on an unrelated note, I was castigated a bit by a school principal on a single occasion for informing my students that the 2nd Amendment guarantees an individual right to keep and bear arms and not a collective one. Today's school system works very hard at either ignoring or not informing young people of their Constitutional rights, or worse yet, distorting them. For this reason, among many, I will not be renewing my teacher's certificate when it expires at the end of this month.

By the way, one does not have to have a "clean record" to become a teacher or a FOI card holder. As long as he is not a felon, domestic violence or sex offender, or has a recent (3 year, I believe) misdemeanor marijuana possession conviction or simple battery violation, he will be just fine.

As far as the turnaround time for a FOI card, he will reduce that wait by 14-21 days if he uses a simple money order instead of a personal check, which unfortunately, most people tend to use when they register as a gun owner for the privilege to own a gun and ammunition in this Godforsaken liberal state.

I hope you find this information usefull for you. Tell your nephew good luck from me in his potential new career choice. He's going to need it!
Link Posted: 3/2/2006 4:24:21 AM EDT
[Last Edit: 3/2/2006 4:25:44 AM EDT by MarkinIN]
Yeah, I forgot to mention the last bit, he will most likely be moving back in with his parents for at least a few months, and they are in Cook county, but Lake county is only .3 miles away.
Thanks for the help, I was concerned seeing as there is so much concern over the students being armed that it might spill over into the teachers as well. Thank you all for your help.

ETA: I am in Whiting, about two hundred yards from the Illinois border.
Link Posted: 3/21/2006 6:01:04 AM EDT
[Last Edit: 3/21/2006 6:03:25 AM EDT by MarkinIN]
I have another question. In Indiana, an eighteen year old can own a pistol if it is giving to them by their parents, or bought privately. Is this the same in Illinois or do you have to be twenty-one in order to possess a pistol and shoot it?
Also, are there any ranges in the Champaign-Urbana area, rifle or pistol?
Link Posted: 3/21/2006 6:09:21 AM EDT

Originally Posted By MarkinIN:
I have another question. In Indiana, an eighteen year old can own a pistol if it is giving to them by their parents, or bought privately. Is this the same in Illinois or do you have to be twenty-one in order to possess a pistol and shoot it?



Same here in Illinois.
Link Posted: 3/30/2006 1:27:37 PM EDT
Anyway, I wanted to post this before I get bannned for what I put in another topic. It is not legal for any one under 21 to be in possession of a pistol in Illinois unless hunting (go figure that out). There have been very few cases recorded of somoene being chraged with this, but it is still against the law. I don't know how better to say this. so since I am likely not going to be on this board much longer, fuck Illinois.

(720 ILCS 5/24 1.6)
(Text of Section from P.A. 94 72)
Sec. 24 1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her
person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded
and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded
and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not
been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged
in a misdemeanor violation of the Cannabis Control Act or in a misdemeanor violation of the Illinois Controlled Substances Act; or

(F) the person possessing the weapon is a member
of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or

(G) the person possessing the weapon had a order
of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged
in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under
21 years of age and in possession of a handgun as defined in Section 24 3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24 2(b)(1), (b)(3), or 24 2(f).

(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24 1 of this Code.
(c) This Section does not apply to or affect the transportation or possession of weapons that:
(i) are broken down in a non functioning state;
or

(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F 1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.
(Source: P.A. 93 906, eff. 8 11 04; 94 72, eff. 1 1 06.)

(Text of Section from P.A. 94 284)
Sec. 24 1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her
person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded
and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded
and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not
been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged
in a misdemeanor violation of the Cannabis Control Act or in a misdemeanor violation of the Illinois Controlled Substances Act; or

(F) the person possessing the weapon is a member
of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or

(G) the person possessing the weapon had a order
of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged
in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under
21 years of age and in possession of a handgun as defined in Section 24 3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24 2(b)(1), (b)(3), or 24 2(f).

(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24 1 of this Code.
(c) This Section does not apply to or affect the transportation or possession of weapons that:
(i) are broken down in a non functioning state;
or

(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F 1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony. The possession of each firearm in violation of this Section constitutes a single and separate violation.
(Source: P.A. 93 906, eff. 8 11 04; 94 284, eff. 7 21 05.)

(Text of Section from P.A. 94 556)
Sec. 24 1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her
person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded
and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded
and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not
been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged
in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or

(F) the person possessing the weapon is a member
of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or

(G) the person possessing the weapon had a order
of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged
in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under
21 years of age and in possession of a handgun as defined in Section 24 3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24 2(b)(1), (b)(3), or 24 2(f).

(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24 1 of this Code.
(c) This Section does not apply to or affect the transportation or possession of weapons that:
(i) are broken down in a non functioning state;
or

(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F 1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.
(Source: P.A. 93 906, eff. 8 11 04; 94 556, eff. 9 11 05.)
Link Posted: 3/30/2006 2:41:46 PM EDT
[Last Edit: 3/30/2006 2:44:27 PM EDT by silascobb]
You can have it at home no problem. You just can't transport it by carrying it "on or about your person" while upon a public street, alley, or other public lands:

Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town . . . except when on his or her own land or in his or her own abode or fixed place of business,
AND
the person possessing the weapon was under 21 years of age and in possession of a handgun as defined in Section 24 3 . . . (unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24 2(b)(1), (b)(3), or 24 2(f))


An argument can be made that you can still transport it unloaded and encased so long as you don't have the case on or about your person, such as in a fanny pack or some other container that you are carrying under your arm. Also if you have it in the trunk or not on your person while you are driving through any corporate areas, you might comply.

Disclaimer: This is no way should be construed as legal advice, nor is any attorney/client relationship intended or created hereby. Contact your own attorney for legal advice. The information contained herein is intended solely for informational purposes.
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