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discussion:foid_home [2024/09/01 22:04] – created Gene Hughdiscussion:foid_home [2024/09/01 22:34] (current) – Gene Hugh
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 ===== Comments ===== ===== Comments =====
-  * Though the Second Amendment gives us the right to bear arms, but consider the Home Rule (see Home Rule).+  * Though the Second Amendment gives us the right to bear arms, but consider the [[pub:home_rule|]].
     * Constitution of the State of Illinois, Article VII, Section 6 Powers of Home Rule Units     * Constitution of the State of Illinois, Article VII, Section 6 Powers of Home Rule Units
       * A County which has a chief executive officer elected by the electors of the county and any municipality which has a population of more than 25,000 are home rule units. Other municipalities may elect by referendum to become home rule units. Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt.       * A County which has a chief executive officer elected by the electors of the county and any municipality which has a population of more than 25,000 are home rule units. Other municipalities may elect by referendum to become home rule units. Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt.
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       * (d) Any person who becomes a resident of this State, who is not otherwise prohibited from obtaining, possessing, or using a firearm or firearm ammunition, shall not be required to have a Firearm Owner's Identification Card to possess firearms or firearms ammunition until 60 calendar days after he or she obtains an Illinois driver's license or Illinois Identification Card.       * (d) Any person who becomes a resident of this State, who is not otherwise prohibited from obtaining, possessing, or using a firearm or firearm ammunition, shall not be required to have a Firearm Owner's Identification Card to possess firearms or firearms ammunition until 60 calendar days after he or she obtains an Illinois driver's license or Illinois Identification Card.
  
-  * Applicable on-going case, but has not become case law yet.+  * Applicable case, but has not become case law yet, vacated and remanded.
     * People v. Brown 2020 IL, Docket: 124100     * People v. Brown 2020 IL, Docket: 124100
       * Illinois FOID licensing law for firearms possession cannot be applied to peaceable possession of a lawful gun on one's own property by a person who is not prohibited from owning guns.       * Illinois FOID licensing law for firearms possession cannot be applied to peaceable possession of a lawful gun on one's own property by a person who is not prohibited from owning guns.
-    * People v. Vivian Claudine Brown 2022 IL, Docket: 127201+    * [[https://caselaw.findlaw.com/court/il-supreme-court/2175977.html|People v. Vivian Claudine Brown 2022 IL, Docket: 127201]]
       * The government cannot criminalize the simple keeping of an ordinary long gun in the home by a person who is not prohibited from possessing firearms.       * The government cannot criminalize the simple keeping of an ordinary long gun in the home by a person who is not prohibited from possessing firearms.
 +    * https://senatorjasonplummer.com/2022/06/28/for-the-second-time-illinois-supreme-court-declines-to-rule-on-foid-act
 +    * https://saf.org/ill-judge-rules-foid-card-requirement-unconstitutional-for-guns-in-home
  
   * Possible Arrest Charges   * Possible Arrest Charges
-    * UUW - Possess Firearm Without Valid FOID Card / Elgibility+    * UUW - Possess Firearm Without Valid FOID Card / Eligibility
       * 430 ILCS 65.0/2-A-1 Misdemeanor       * 430 ILCS 65.0/2-A-1 Misdemeanor
         * in that he/she knowingly possessed/acquired a firearm, (describe), without having in his/her possession a firearm owner's identification card previously issued in his/her name by the Department of State Police under the provisions of the firearms and ammunition act.         * in that he/she knowingly possessed/acquired a firearm, (describe), without having in his/her possession a firearm owner's identification card previously issued in his/her name by the Department of State Police under the provisions of the firearms and ammunition act.
  
-  * Possible solution without arrest: Seize and inventory firearm for safekeeping+  * Possible solution without arrest: seize and inventory firearm for safekeeping
     * Weapon return criteria will require the owner to obtain a FOID before the firearm is returned.     * Weapon return criteria will require the owner to obtain a FOID before the firearm is returned.
     * Case Report: Unlawful Possession of Handgun without an FOID card Possession Firearm/Ammo – No FOID Card     * Case Report: Unlawful Possession of Handgun without an FOID card Possession Firearm/Ammo – No FOID Card
       * IUCR 1460       * IUCR 1460
     * Inventory, hold for investigation     * Inventory, hold for investigation
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