Switch blade knives are now legal in Illinois… Kinda

Switch blade knives are now legal in Illinois, well sort of. With this being Illinois there are some hoops one must jump through to own a switch blade.  Registered gun owners (FOID) are now legal to own switch blade knives which was passed into law August 11th 2017.

Senate Bill 607, uniquely titled “CRIM CD-SWITCHBLADES“, has become Public Act 100-0082. This bill passed both houses and was sent to the governor on June 16th and was approved by Governor Bruce Rauner on August 11th 2017.

The synopsis of the act…

Amends the Criminal Code of 2012. Provides an exemption from the prohibition on sale, manufacture, purchase, possession, or carrying of a switchblade knife to a person who possesses a currently valid Firearm Owner’s Identification Card previously issued in his or her name by the Department of State Police or to a person or an entity engaged in the business of selling or manufacturing switchblade knives.

After examination of the text, we see the addition of the following text…

 (2) The provision of paragraph (1) of subsection (a) of
this Section prohibiting the sale, manufacture, purchase,
possession, or carrying of any knife, commonly referred to
as a switchblade knife, which has a blade that opens
automatically by hand pressure applied to a button, spring
or other device in the handle of the knife, does not apply
to a person who possesses a currently valid Firearm Owner’s
Identification Card previously issued in his or her name by
the Department of State Police or to a person or an entity
engaged in the business of selling or manufacturing
switchblade knives.

Switch Blade Knife

Please note that though Public Act 100-0082 is listed on the Illinois General Assembly (ILGA) website, the Unlawful Use of Weapons statute, also on the ILGA website has not yet been updated (August 14th, 2017 12:40 PM). Nothing in the law preempts local ordinance. Links are provided below for your review. Nothing on this page is legal advice, please consult your attorney with specific questions.

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=SB&DocNum=607&GAID=14&SessionID=91&LegID=100589&fref=gc

 

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0082&fref=gc

 

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1

 

Transport your Firearm Legally in Illinois – Illinois State Police

Transporting your firearm legally in Illinois is sometimes a confusing topic, but it doesn’t have to be. There is much information that makes it easy to comply with the law to transport your firearm legally in Illinois. However the law does treat Illinois residents and non residents differently, so it is also important to know those differences. It is also important to know the legal differences between “Carry” and “Transportation” in Illinois. This article is not to be considered legal advice.

Transporting your Firearm Legally for Illinois Residents

Illinois residents must always have their Firearm Owner Identification (FOID) card or their Illinois Concealed Carry License (CCL) on their person at all times when in possession of firearms and ammunition.

With your FOID, for transport, the firearm must either be..

  • Broken down in a non functioning state, OR
  • Not immediately Accessible, OR
  • Unloaded and enclosed in a case.

The following pamphlet was printed before Illinois allowed carrying of concealed firearms, however does clearly explain how one may transport you firearm legally in Illinois: Transporting-Your-Firearm-Legally-Illinois-State-Police Brochure

For an Illinois resident to carry a firearm, they must have a valid Illinois Concealed Carry License on their person and the firearm must be a hand gun as defined by the Illinois law.

 

Transporting your Firearm Legally for Illinois Non-Residents

The process for an Illinois non-resident to transport their firearm legally in Illinois is similar to that of a resident, however there are also some differences.  The first difference is that the non-resident does not need a FOID card. Infact most non residents aren’t even aware of what a FOID card is. Essentially it is a card that says you have passed a background check, similar to the National Instant Check System (NICS) that anyone who has bought a gun has underwent.  The difference is Illinois residents need this card on their person at all times they are in possession of firearms or ammunition, non residents do not.

For purposes of transportation, the non-resident must adhere to the above described criteria of broken down in a non functioning state, OR not immediately Accessible, OR unloaded and enclosed in a case.

It is important to note that the case does not need to be a separate case for the firearm and the ammunition. It is also important to note that the case(s) need not be locked. There is some mis-information surrounding this topic and I believe that confusion arises when we discuss the federal Firearm Owner Protection Act (FOPA) which states for federal transportation purposes the firearms and ammunition must be in separate locked cases.  Illinois does not have this requirement.

The Illinois Firearm Concealed Carry Licensing Act states:

(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
(1) is not prohibited from owning or possessing a
firearm under federal law;
(2) is eligible to carry a firearm in public under
the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and
(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.

 

What about Carrying of a Concealed Firearm in Illinois?

As previously stated, in the eyes of the law transportation and carrying are two separate and distinctly different subjects.  Only hand guns may be carried in Illinois. And Illinois does not allow Open Carry, meaning the firearm is visible to the general public (except on ones own private land, or the land of another with their permission).  Illinois residents must have their concealed carry license on their person at all times when carrying concealed.

However the law is more loose for non-residents. While Illinois does not honor (read: reciprocation) the concealed carry licenses of any other states, and while Illinois only will issue non-resident licenses to 4 other states (See recent changes to non resident eligibility) actually non-residents are able to carry concealed firearms without an Illinois concealed carry license while in their vehicle if they are licensed to carry in their state of residence.

 

Some legal Definitions you need to know when transporting your firearm legally in Illinois.

According to various laws  it is important you understand how certain terms are defined legally in Illinois.

The Illinois Firearm Concealed Carry Licensing (FCCL) Act defines concealed firearm as…

“Concealed firearm” means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

 

The FCCL defines handgun as…

“Handgun” means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand.

The FCCL, however excludes the following items from the definition of handgun…

“Handgun” does not include:
(1) a stun gun or taser;
(2) a machine gun as defined in item (i) of paragraph

(7) of subsection (a) of Section 24-1 of the Criminal Code of 2012;
(3) a short-barreled rifle or shotgun as defined in
item (ii) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012; or
(4) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not exceeding .18 inch in diameter, or which has a maximum muzzle velocity of less than 700 feet per second, or which expels breakable paint balls containing washable marking colors.

 

The FCCL as well as previous case law, defines case as…

“case” includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.

 

This article is not legal advice. Please consult your criminal defense attorney with any questions.

Terror Watch List and FOID card Revocation in Illinois HB6588

The “Terror Watch List” has become the new buzz word in the gun control world, and the FOID Card Revocation bill is no different. Illinois Rep Gregory Harris has introduced HB6588, a bill which, in addition to other things, would require you lose your gun owner rights in Illinois if added to the mysterious terror watch list.

The FOID card Recovation bill would also cause you to lose your gun rights for making terrorist threats or if charged with assisting terrorists. While nobody wants terrorists having guns, except the terrorists themselves, these provisions are a violation of not only your obvious 2nd Amendment rights, but your 4th & 5th Amendment rights as well.

Synopsis as Introduced:

Amends the Illinois Police Training Act. Provides the annual training of police chiefs must include at least one course on the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, and firearms investigations. Amends the Firearm Owners Identification Card Act. In the definition of “clear and present danger” that the person demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, adds that it includes any act that is intended to cause or create a risk and does cause or create a risk of death or great bodily harm to one or more persons. Permits the Department of State Police to notify the FBI if a person on the Terrorist Watchlist submits an application for a Firearm Owner’s Identification Card (FOID card). Requires the Department of State Police to, within 3 business days, provide notice and reason for the disqualification of a person from a firearm purchase or FOID card revocation to all law enforcement agencies with jurisdiction to assist with the seizure of the person’s FOID card. Adds as grounds to deny an application for or to revoke or seize the person’s FOID card that the person is charged with making a terrorist threat or soliciting or providing material support for terrorism under State law or a similar offense of another state or under federal law. Provides if the Department of State Police has not received the FOID card or Firearms Disposition Record from the person, the Department shall send notice of noncompliance to the sheriff and law enforcement agency where the person resides.

FUll text and sponsors may be found here: http://ilga.gov/legislation/BillStatus.asp?DocNum=6588&GAID=13&DocTypeID=HB&LegID=97990&SessionID=88

The Foid Card Mental Disability bill has Passed Both Houses – Governor Rauner is Next

The Illinois Foid Card Metal Disability Bill (SB2213) passed the Illinois Senate unanimously (53 yeas, 0 naes) on April 22nd. It then passed the Illinois House on April 24th, also unanimously (114 yeas, 0 naes). It is now to be sent to Governor Rauner for decision. It is expected Rauner will approve SB2213. Continue reading The Foid Card Mental Disability bill has Passed Both Houses – Governor Rauner is Next

Illinois Bills to Violate Due Process of Gun Owners

ISRA Legislative Alert – Your Action Required On Two Bills 
This is a late start to this legislative session, but your action is required earlier in the process. Here are two bills to take action on, to oppose while they are still in committee, by using the links provided to fill out on-line witness slips at the ILGA website.  Continue reading Illinois Bills to Violate Due Process of Gun Owners

How to Sell a Gun in Illinois

How to Sell a Gun in Illinois

The process to sell a gun in Illinois is fairly straightforward but does requires some hoops to jump through.  You can not simply sell the gun to anyone off the street, and does require the same waiting period as if you were to buy a gun from a licensed dealer. Nothing within this posting is to be considered legal advice and all questions should be directed to your criminal defense attorney.

The process for private party purchases of guns in Illinois requires the same waiting period as buying a gun from a dealer. Continue reading How to Sell a Gun in Illinois

Illinois Aim to Expedite Firearm Licensing Process

Originally Posted March 6th, 2015

SPRINGFIELD – The Illinois State Police (ISP) today announced the Agency will begin accepting on-line FOID applications beginning March 16, 2015, to provide a more streamlined and modernized application process. The ISP will no longer accept the current FOID paper applications after Monday, March 9, 2015; however, like the CCL, the new FOID application will be available through the Department’s website or through the paper alternative call center method for those individuals who do not have computer access. Minors under the age of 21 without a state of Illinois Driver’s License or Identification card and Amish applicants will be required to complete an alternative call-in paper application.

The ISP has also made changes to the login for both the CCL and FOID applications.  Applicants will no longer be required to obtain a state of Illinois digital I.D. through the Department of Central Management Services.  This login change will allow users greater accessibility to the new application process. All new applicants and returning CCL applicants will need to register with the Illinois State Police by providing some key identifiers found on their Illinois Driver’s License or Identification card, creating a username and password, and answering four security questions. The CCL website will be unavailable beginning Friday, March 13, 2015, at 5:00 p.m., until Monday, March 16, 2015, at 7:00 a.m., in order to implement the new FOID system.

Federal Firearm Licensed (FFLs) dealers will also have access to the web-based portal in order to conduct the required background checks of those wishing to purchase a firearm.  All FFL’s in the state of Illinois are required to register with the ISP via the website at www.ispffl.com or by calling 217-524-3847 to continue to perform background checks after the launch of the new system. The old FTIP system will be closed on March 15 at 4:00 p.m. to allow data to be transferred to the new system. Beginning March 16, at 8:30 a.m., firearm dealers will be able to submit firearm background transactions via the website and follow up on previously requested checks based upon a transaction number.

Firearm dealers using the web-portal during the first 30 days of implementation will be able to submit transactions at no cost. The traditional fee of $2.00 is being waived. Firearm dealers will also still have the option of using the 800# dial-up process; however, dealers will be charged the $2.00 processing fee for this option.

The new CCL and FOID application process is intended to provide a user-friendly portal designed to ease and streamline both application processes.

Illinois State Police Cracking down on Crooked Instructors and Denying Applicants because of it

Thieves will be thieves, and the Illinois State Police have said that thieves should not be instructors of Concealed Carry in Illinois.  The Illinois State Police have yanked credentials of concealed carry instructors who were skirting the law. Furthermore those instructors who were skirting the law invalidated the training of their students and the Illinois State Police will be rejecting the applicants.

“Anyone seeking to legally obtain a concealed carry license also expects that the firearms training will be conducted professionally, honestly, and will reinforce firearms safety and responsibility,” said St. Clair State’s Attorney Brendan Kelly.  The people of good faith who have come forward believe in law abiding, responsible gun ownership and will ensure that the integrity of concealed carry training is upheld and not twisted into a means to defraud consumers,” Kelly added.

 

https://www.isp.state.il.us/media/pressdetails.cfm?ID=788

 

http://www.ksdk.com/story/news/local/2014/03/18/illinois-firearms-instructors-lose-licenses/6583233/