Kim,
I only have one point of contention regarding your article. You stated:
"Just so we're all clear on this, having an expired FOID card and possessing a firearm is a felony in Illinois -- which means he'll never again be "allowed" to have a gun while he lives there."
The fact is that Federal law prohibits anyone convicted of a felony ANYWHERE from not only legally purchasing guns, but from legally owning any ("legally," as such term is defined by our unconsitutional system of justice, that is - and They have the ability to enforce those laws, no matter how patently illegal). As such, our hero will be forever debarred the ownership and use of arms if convicted, even if he moves to a different state - and THAT is a true crime. The only thing that Hale DeMar will be able to do "legally" is to buy an antique gun (i.e. manufactured prior to 1899) because they are not defined as "firearms" under the 1968 Gun Control Act (which is followed by most states). Of course, he can always get one via a private purchase, but if he's caught with a gun after a felony conviction, he'll be serving some heavy time in prison.
The fact is that Federal law prohibits anyone convicted of a felony ANYWHERE from not only legally purchasing guns, but from legally owning any ("legally," as such term is defined by our unconsitutional system of justice, that is - and They have the ability to enforce those laws, no matter how patently illegal). As such, our hero will be forever debarred the ownership and use of arms if convicted, even if he moves to a different state - and THAT is a true crime. The only thing that Hale DeMar will be able to do "legally" is to buy an antique gun (i.e. manufactured prior to 1899) because they are not defined as "firearms" under the 1968 Gun Control Act (which is followed by most states). Of course, he can always get one via a private purchase, but if he's caught with a gun after a felony conviction, he'll be serving some heavy time in prison.
Then to hell with the law.
If you read the statutes closely, you'll notice that when the Unlawful Use of Weapon statute describes the requirement for an Illinois resident to have a FOID card when in possession of a firearm outside his residence or fixed place of business, it explicitly states that the FOID card must be current and valid. Likewise the statutes regarding sales of firearms require the recipient to have a current and valid FOID. The FOID act applicable to possession in one's home or fixed place of business, however, merely requires that the person possess a FOID card previously issued to the person by the Illinois State Police.
I'd be curious to know if anyone has taken this issue to court, since the difference in language does not seem to be accidental. Legislators could have had good reason to make the distinction, since it avoids making someone a criminal by default, and also prevents the state from making someone a criminal by failing to renew a FOID card in a timely manner. Someone whose FOID card application was sat upon by the state would not be allowed to buy firearms or ammunition, nor to transport firearms unless disassembled, but they could leave their firearms at home while waiting for the state to issue the FOID card as required by law.