Posted on 02/04/2009 3:45:55 AM PST by marktwain
SPRINGFIELD -- Illinois gun owners could fall prey to a state bureaucracy that fails to process firearm owner's identification cards promptly.
The state's tardiness leaves some otherwise law-abiding firearm owners vulnerable to criminal charges because FOID cards often expire while the state police are still processing renewals.
Criminal charges can be filed against any resident who possesses a gun but does not have a valid FOID card.
The Illinois State Police agency is required by law to process FOID applications within 30 days. But the process is taking up to 60 business days, according to agency spokesman Lt. Scott Compton.
"Gun owners can't go shooting, can't go hunting, can't buy ammo, and can't legally own a gun. They're caught in a problem with the state police not complying with their own law," said Richard Pearson of Chatsworth, executive director of the Illinois State Rifle Association.
Compton attributed the delay to a deluge of 280,000 applications last year, well above the 225,000 the state averages and the most since 1968. More than 88,500 came in the last three months alone. One day in December 2008 saw about 2,400 applications, more than double the state's average for that date.
Though an additional three staff members have been assigned to handle applications, they haven't completed training, Compton said.
Just what is causing the sudden influx of FOID applications is an open question. Some gun shop owners contend after the November 2008 election of President Barack Obama, more people sought to buy guns because they feared future restrictions on firearm sales.
Under certain scenarios an otherwise law-abiding gun owner without a valid FOID card could be charged with a felony punishable by up to three years in prison, said Todd Vandermyde, a Springfield lobbyist for the National Rifle Association.
Even people who keep guns locked away in their homes while they await their FOID renewal are in technical violation and can be charged with a misdemeanor.
This leaves some to question the state's gun-purchasing policies.
Roger Skartveit, owner of Bazooka's Gun Shop in Ottawa, favors moving to a system similar to Arizona's, where driver's licenses are used as identification for gun buyers.
"If you have any reason you couldn't purchase it, it goes on your record. So when they swipe your card, you either get an approval or a denial immediately," Skartveit said.
This "instant-check" system takes about 30 minutes, he said.
In addition to the record number of card applicants in 2008, this time of the year is particularly busy for FOID applicants, said Tim McGrath, owner of Guns and Gadgets in Peotone.
"In September and October, guys get ready to get in the field to go hunting. Then they see their card is going to expire, and have to get it taken care of before it does," McGrath said.
Vandermyde said he believes the delays are due to the state's fiscal woes.
"There's no money out there to process these cards. It is like everything else in state government, the governor has screwed things up," he said.
Pearson said he isn't sure if delays by the state police were intentional, but said he wouldn't be surprised if that was the case.
"If the state doesn't agree with your right, they simply close off the faucet. We've seen this in other cases. You can't get motorcycle licenses because they don't offer the courses. You can't hunt because they don't offer hunter's safety courses," he said.
McGrath said gun owners shouldn't be penalized because the state can't adhere to its own law -- but owners need to take a measure of responsibility, too.
"If you're responsible enough to own a firearm, you're responsible enough to get the application," McGrath said. "You make sure not to wait until the day you're going hunting."
WTF? That is ridiculous and can't be constitutional.
As the saying goes, you can’t control free men, so you have to turn everyone into a criminal.
Yet another reason why I refuse to live in or visit the People’s Republic of Stalinois.
The red tape and difficulties could very well be by the design of a self righteous bureaucrat with an attitude.
Illinois has always been hostile to firearms ownership. I’m so glad I left that sorry excuse for a state years ago.
My son and I have been waiting four months for our C.C.W. license.
Course the damn state of Florida cashed our checks in three days.
We had some Circuit Court judges here in VA that were holding up CCW permits the same way. We got a law passed saying if the permit wasn’t issued in 45days then a certified copy of the permit application will be acceptable as a defacto permit until the application is approved or denied (within 90 days of application date by law).
IMO, the whole FOID notion is unconstitutional. The Second Amendment is really very clear. FOID represents another path of infringement, and is susceptible to abuse/negligence as demonstrated in this article. If the issuing authority is unable (by design or happenstance) to complete the timely ‘renewal’ the unfortunate firearm owner is placed in the position of breaking the law, not by his own hand.
This kind of interference in the people’s lives is absurd.
My wife and I are waiting for handgun purchase permits in NJ - by law they must approve or deny within 30 days. It’s been 8 weeks so far.
come on whatexit,
you should know laws are for the little people.
NOt govt.
Wife is from teaneck by the way.
You don't need a CCW to purchase or own a gun in Florida. At least you can get a CCW here even if it is taking a little longer than the normal 120 days. BTW if you don't like living in this damn state than you can always move somewhere else.
The Illinois State Police agency is required by law to process FOID applications within 30 days. But the process is taking up to 60 business days, according to agency spokesman Lt. Scott Compton.
"Gun owners can't go shooting, can't go hunting, can't buy ammo, and can't legally own a gun. They're caught in a problem with the state police not complying with their own law," said Richard Pearson of Chatsworth, executive director of the Illinois State Rifle Association.
Under certain scenarios an otherwise law-abiding gun owner without a valid FOID card could be charged with a felony punishable by up to three years in prison, said Todd Vandermyde, a Springfield lobbyist for the National Rifle Association.
Even people who keep guns locked away in their homes while they await their FOID renewal are in technical violation and can be charged with a misdemeanor.
This is why registration of guns or owners is so anti-constituitonal. The gun owners only need to do nothing, and they have become criminals. Even if they take the proper steps, and the *state* fails to do the paperwork, they become criminals. Becoming a criminal is the default state, once registration is enacted.
The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.
Ayn Rand
Mark
Considering that Florida is the fourth most populated state in the country our firearms laws are VERY liberal. I hope we can keep it that way.
re: WTF? That is ridiculous and can’t be constitutional.
So? What’s your point? If you don’t have at least $100,000 and a willingness to spend time in jail then years and years trying to get your conviction overturned then you have little choice but to go along with it.
What a terrible state of affairs when the State can fail to comply with a law and then charge the innocent party with a crime.
The law SHOULD be that the default outcome of an application is approval. That would put a burr under their saddle to get the work done!
Four months? Ow. It’s only been one for me so far and I really hope I get mine before April.
At least Florida lets you have a loaded gun in the car without a CCW
I got it back from the Illinois State Police 1 week AFTER it expired. A buddy at worked waited 62 days for his.
And while IL law says it 'shall' be processed within 30 days, absolutely NO penalties are attached to that law. Therefore the ISP can take however long they please without fear of any legal penalty.
So what good is there stupid Law?
L
I guess my point is that in light of the Heller decision that a lawsuit might do some good.
And not just a criminal but a felon!
Going through life with felony convictions closes a lot of doors, not to mention a felon can't possess a gun anywhere, in any state!
To buy a firearm or ammo, or to transport an assembled firearm on a public right of way, the statute explicitly requires a current and valid FOID. To merely possess a firearm within one's dwelling, the statute requires a FOID previously issued by the state police. The use of the terms "current and valid" in one context but not the other has a logical meaning.
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