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Posted: 1/14/2002 8:34:00 AM EDT
I've recently been informed (by 5 different shooting ranges) that I cannot bring a friend or relative to use the range unless they have a FOID card, even if I do have a current FOID card....   I can bring my child, if they're under 21, but I can't even bring my wife.  The ranges won't let her on the firing line.  I asked if this was just for liability, and they said "No, that's the law".  As I read through the section on FOID cards, I came to the conclusion that they're RIGHT....

Evidently this isn't a new law, but I haven't tried to bring someone to an indoor range before.  The outdoor range I usually use has not checked individuals, since they're not supplying guns or ammunition.

So I can't even introduce someone to the shooting sports without them first applying for a FOID, and waiting up to two months for the State to Issue a the card.  The ranges wouldn't even allow it if I brought my own guns & ammo, and even if the non-FOID shooter was under strict supervision by myself.  

For my birthday, my wife (who has never shot a firearm) tried to arrange to go shooting with me.  Every indoor place she called said that everyone on the range needs a current FOID.  We had to go to Wisconsin for me to show her how to shoot.  One range owner said they usually would allow it, but the police are stepping up enforcement.  I told a Cook county sherriff, and he said "No way, that's not the law", but sadly it is.

The Illinois Constitution guarantees that:
"SECTION 22. RIGHT TO ARMS  
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed. (Source: Illinois Constitution.)
... but the law says you need to be licensed by the state before you can hold a firearm.

Try that with the right to freedom of religion, speech, etc.

Richardson :-(
Link Posted: 1/14/2002 9:28:24 AM EDT
[#1]
   Is this in Cook County?   I have not heard of it downstate.   Have any of these range people shown you the specific law?  

   I live in Iowa (no FOID required) but shoot across the river in Moline IL.  I just renewed my club membership, and the renewal form did not mention this.  My FFL (also in IL) has an indoor range which I visited this past Saturday, and he did not mention anything about this.  
 
   I don't (yet) feel your pain.
Link Posted: 1/14/2002 9:46:26 AM EDT
[#2]
Quoted:
   Is this in Cook County? [cut]
   I live in Iowa (no FOID required) but shoot across the river in Moline IL
   I don't (yet) feel your pain.
View Quote


There are several excemptions, mostly for non-residents.  Here's a link to the FOID law...
www.legis.state.il.us/ilcs/ch430/ch430act65.htm

It's at least a class A misdemeanor (I think you can go to jail for it).
   
Here's the excemptions:

   (b)  The  provisions  of  this  Section  regarding the possession of firearms and firearm ammunition do not apply to:
        (1)  United States Marshals;
        (2)  Members of  the  Armed Forces of the United States or the National Guard;
        (3)  Federal   officials  required  to  carry  firearms;
        (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;
        (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;
        (8)  Nonresidents while  at  a  firearm  showing  or  display recognized by the Department of State Police;
        (9)  Nonresidents whose firearms are unloaded and enclosed in a case;
        (10)  Nonresidents  who are currently licensed or registered to possess a firearm in their resident 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; and
        (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.

SO, you're better off NOT being a citizen in Illinois..

Link Posted: 1/14/2002 10:28:56 AM EDT
[#3]
The Illinois Constitution guarantees that:
"SECTION 22. RIGHT TO ARMS  
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed. (Source: Illinois Constitution.)
... but the law says you need to be licensed by the state before you can hold a firearm.

Try that with the right to freedom of religion, speech, etc.

Richardson :-(
View Quote


At the Marion County courthouse during Jury Deliberation of the Haggerty trial, I had the chance to review the transripts of the 6th IL constitutional convention in 1970.  I'm sorry to tell you, the article you are refering to above, as stated in the official record, only prevents the IL legislature from an outright ban on ALL firearms.  That is it.  Go to your local court house and read the pages yourself.  I have a list of the pages for you if you are interested.

Please read the Morton Grove handgun ban cases, they do a good job explaning this fact.  Search it at :

[url]www.saf.org[/url]

Yes you are correct about the FOID card issue, in fact last year the IL state police were checking FOIDs at Gun World in Bensneville.

I'll be happy to expound on the IL consitution some time with anyone intersted.  I am going to order copies of the pages from the official record.
Link Posted: 1/15/2002 12:10:12 PM EDT
[#4]
I had the same happen to me and two buddies in 2001 at gun world.
Welcome to behind enemy lines.  
Since you learned first hand what gun control is about, do your little part to get it to stop.
Join a group, or like me,
Carry apps in your car, and pass them out to those that do not know.  
Every FOID holder is a good thing.  After they try they can go out and buy a gun!
c-rock
Link Posted: 1/15/2002 12:18:35 PM EDT
[#5]
Take it to the Supreme Court.  The FOID thing obviously is infringing on your right to keep and bare arms.

Or move to Oregon.
Link Posted: 1/15/2002 12:26:52 PM EDT
[#6]
Quoted:
Take it to the Supreme Court.  The FOID thing obviously is infringing on your right to keep and bare arms.

Or move to Oregon.
View Quote


The only way to take it to the Supreme Court is to get arrested first.  The upper courts do not hear cases unless they've worked their way through the lower court systems.  If my family could continue getting my full income, I'd gladly get arrested & fight the law.  

Although the US 2nd amendment is not explicitly stated as an individual right, the Illinois Bill of rights does make this explicit.  But, as SCR1 pointed out, this strongly worded amendment has been interpreted to mean simply that the state of Illinois cannot ban all firearms.  I know that "keep and bear" translates into "own & carry", but the legislators & courts in Illinois don't see it that way.

Moving to Oregon (or another friendly state) will become an option if things get much worse in Illinois.  I figure this state needs as many conservatives as it can get.

Richardson
Link Posted: 1/19/2002 6:47:29 AM EDT
[#7]
The original intent of the language in many state constitutions, "subject to the police power..." was to make it clear that police could disarm a person being arrested.  But this has been corrupted to allow all sorts of infringements.

I do note that the First Amendment says "Congress shall make no laws..."... which leaves it open to states to screw you over.  But the Bill of rights was extended by amendment to expand it over states.

However, the Second Amendment says simply "... shall not be infringed."  There is no limiting to the Feds.  In fact, it acknowleges that the right already exists.  The Bill of Rights does not grant the right, it says that the government is forbidden from infringing it.

Our judges seem unable to read plain (&%#&$*() English.  But they know what it says, so to rule otherwise makes them liars and crooks.  I have no respect.
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