I need some legalish CYA advice about gifting a gun - Page 2

I need some legalish CYA advice about gifting a gun

This is a discussion on I need some legalish CYA advice about gifting a gun within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; The proposal in question failed (for now at least). The ban was prospective (keep what you have) so he would have been ok owning it. ...

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Thread: I need some legalish CYA advice about gifting a gun

  1. #16
    Member Array Domr's Avatar
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    The proposal in question failed (for now at least). The ban was prospective (keep what you have) so he would have been ok owning it. Would have been subject to registration though according to the wording of the proposal.
    However, if he has possession (even with no intention of ever firing) he should have a FOID.


  2. #17
    Member Array 91wm6's Avatar
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    Quote Originally Posted by Domr View Post
    The proposal in question failed (for now at least). The ban was prospective (keep what you have) so he would have been ok owning it. Would have been subject to registration though according to the wording of the proposal.
    However, if he has possession (even with no intention of ever firing) he should have a FOID.
    He doesn't have a FOID , which is one reason I'm worried about it coming back to bite me in the ass. If he doesn't register it as required(if legislation passes), then it's found later during a search and he winds up getting in trouble...what then?

  3. #18
    VIP Member Array dukalmighty's Avatar
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    Quote Originally Posted by 91wm6 View Post
    He doesn't have a FOID , which is one reason I'm worried about it coming back to bite me in the ass. If he doesn't register it as required(if legislation passes), then it's found later during a search and he winds up getting in trouble...what then?
    HE GETS IN TROUBLE,since you gifted it to him legally in TX what he does after that is on him.If he failed to get a FOID and they catch him with the gun then he is the one in deep doo doo,I'm sure he knows the law where he lives.
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  4. #19
    Member Array 91wm6's Avatar
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    Quote Originally Posted by dukalmighty View Post
    HE GETS IN TROUBLE,since you gifted it to him legally in TX what he does after that is on him.If he failed to get a FOID and they catch him with the gun then he is the one in deep doo doo,I'm sure he knows the law where he lives.
    Good point, I guess I'm over-thinking the situation. Hopefully we won't have to deal with any new anti-gun legislation anyway. I've written my state representatives for what it's worth, I hope y'all do the same. Thanks again for all the replies and advice!

  5. #20
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    Quote Originally Posted by 91wm6 View Post
    Good point, I guess I'm over-thinking the situation. Hopefully we won't have to deal with any new anti-gun legislation anyway. I've written my state representatives for what it's worth, I hope y'all do the same. Thanks again for all the replies and advice!
    How long has he been in the Peoples Republic Illinois? If he doesn't have a FOID I believe he's already breaking the law. It would also explain why he hasn't shot the gun, without a FOID he cannot transport it to the range, or even buy ammo in the state of IL.
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  6. #21
    Distinguished Member Array kapnketel's Avatar
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    He needs to apply for his FOID pronto. They are not messing around in IL. Take if from a guy who lived there for over 50 years.

    You could consider an NFA trust and keep the weapons in your name but allow him to "use" them.
    I'd rather be lucky than good any day

    There's nothing that will change someone's moral outlook quicker than cash in large sums.

    Majority rule only works if you're also considering individual rights. Because you can't have five wolves and one sheep voting on what to have for supper.

  7. #22
    Member Array Domr's Avatar
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    Yes, he needs to apply for a FOID ASAP. The wait is several weeks now with all the recent hysteria. As mentioned above, he's already in violation. He needs to keep it stored away until he gets his FOID, or ideally have a trustworthy friend with a FOID hold it for him until his card comes. God forbid something should happen to his house (fire, burglary etc) and the cops come if they find it they'll go after him with charges.

  8. #23
    Senior Member Array nontechguy's Avatar
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    Don't the FOID papers have the serial # of the firearm? If he tries to get his card now, won't he be in trouble for already having it? Catch 22.

    You might ask him if he's planning a trip to Texas anytime soon. (By road)

  9. #24
    Member Array Domr's Avatar
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    ^^no, FOID is a catch all card with no ties to serial #'s (at least right now...the politicians are dying to change that). Also a road trip to TX would be no walk in the park. Driving through IL as an IL resident with a weapon without a FOID is a no no. He's kind of in a no win situation right now. I have friends who applied before Thanksgiving who still haven't received their FOIDs, so there's no quick solution unfortunately.

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