under 21 and in possesion of handgun in illinois

Discussion in 'Legal and Activism' started by remington7mm, Jan 12, 2011.

  1. remington7mm

    remington7mm New Member

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    Update and score one for the constitution!

    We contacted an old friend of ours, who was a Sergeant for the state police on this subject. We told him our viewpoints on it, and how we personally interpreted the law. All in all, I ended up being correct.

    IL Compiled Statute 720ILCS 5/24-3.1 is in support of what I said. I'm a legal citizen, I'm over the age of majority, I have my FOID card and I now have written permission from the gun owner, my father, to use his weapon.

    (720 ILCS 5/24‑3.1) (from Ch. 38, par. 24‑3.1)
    Sec. 24‑3.1. Unlawful possession of firearms and firearm ammunition.
    (a) A person commits the offense of unlawful possession of firearms or firearm ammunition when:
    (1) He is under 18 years of age and has in his

    possession any firearm of a size which may be concealed upon the person; or
    (2) He is under 21 years of age, has been convicted

    of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or
    (3) He is a narcotic addict and has any firearms or

    firearm ammunition in his possession; or
    (4) He has been a patient in a mental hospital

    within the past 5 years and has any firearms or firearm ammunition in his possession; or
    (5) He is mentally retarded and has any firearms or

    firearm ammunition in his possession; or
    (6) He has in his possession any explosive bullet.
    For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.
    (b) Sentence.
    Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
    (c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.
    (Source: P.A. 94‑284, eff. 7‑21‑05; 95‑331, eff. 8‑21‑07.)

    Victory!



    this is the closest answer i got for possesing a pistol under 21 in illinois. is this correct? can some one clarify this for me?
     
  2. remington7mm

    remington7mm New Member

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    no one has any informaation on this subject?
     

  3. JonM

    JonM Moderator

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    it isnt up to the local police if your tried in court or not. contact your local district attorney office what their opinion is. thats the one that counts. when you ride the line it doesnt mean they wont hassle you.
     
  4. danf_fl

    danf_fl Retired Supporter

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    Have you checked the federal guidelines?
     
  5. Steve65

    Steve65 New Member

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    I hope there's no federal law prohibiting a minor from target shooting or hunting with a handgun with parental permission -- or else I'm a bad guy!
     
  6. TheOldMan

    TheOldMan New Member

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    You will not or should not get legal advice from this forum. Contact your DA as posted above.
     
  7. JonM

    JonM Moderator

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    i believe you need supervision not just permission in regards to handguns. but im no lawyer.
     
  8. NGIB

    NGIB New Member

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    Legal advice from the internet is worth about what it costs - nothing at all. Claiming "but the fellas at xyz.com told me it was OK" as you're led off to jail probably won't affect the outcome...
     
  9. Mack Bolan

    Mack Bolan New Member

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    if you are under 21 in illinois you can own a firearm like any other resident of illinois- you need to (well first qualify for and apply for) POSSESS a valid FOID (Firearms Owners I.D.) card.

    when you are under 21 the FOID application needs to be signed by an over 21 legal guardian or parent that is essentially taking liability for anything the under 21 individual does with any firearm or any ammunition.

    there is no printed age restriction on the application or any verbage pertaining to one.

    this is not legal advice but info that is available on the illinois state police website.;)
     
    Last edited: Jan 13, 2011
  10. remington7mm

    remington7mm New Member

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    Well I have a pistol but I just wanna know if its legal for me to have
     
  11. willfully armed

    willfully armed New Member

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    From www.ATF.GOV

    im rarely suprised by how many folks will allow themselves to rely upon others to find information that concerns their legality in such serious situations.

    That said, as promised, from the ATF website itself-

    ATF - Code of Federal Regulations - T.D. ATF-402; Ref: Notice No. 855 RIN 1512-AB68


    ATF Online - Publications - State Laws and Published Ordinances - Firearms, 2008 (29th Edition)

    http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5-illinois.pdf
     
  12. Boyerracing343

    Boyerracing343 New Member Supporter

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    Great topic, but i am also wondering the same question. I have multiple handguns and i am only 19 years old and currently live in Illinois. So is there any final verdict on what the laws are?
     
  13. TimL2952

    TimL2952 New Member

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    what website did you get that info from and can ya steer me towards the rules for NY? me and my brother want to get into handgun shooting
     
  14. willfully armed

    willfully armed New Member

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    Links are in the post. Atf.government

    Navigate through the enforcement - firearms.
     
  15. TimL2952

    TimL2952 New Member

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    thanks willfullyarmed...i didnt know there was a second page and posted after reading the first couple replies.

    im 19 and i just wanted to check it out
     
  16. TimL2952

    TimL2952 New Member

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    ATF Freqeuntly Asked Questions #1.....

    "1.I want information on relief of federal firearm disability? (I am a felon but want to own a firearm, how do I get my privilege restored?)"


    HE CALLED IT A PRIVELAGE!!!! :0
     
  17. Boyerracing343

    Boyerracing343 New Member Supporter

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    Well I am pretty sure this was already pointed out, but i just wanted to add that i called the Belleville, Illinois police department today and was informed that it is legal for anyone over the age of 18 to carry a handgun, as long as they have a valid foid card and the firearm is unloaded of course.
     
    Last edited: Jan 17, 2011
  18. remington7mm

    remington7mm New Member

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    sorry for taking so long to reply back. from my under standing i can posses/transfer a handgun. however i can buy it nor get ammunition till im 21. im also thinking that its bs because its the 2 amendment and everyone 18 and older should have the same resposibilitys being an adult as long as they pass the back round checks as for some one over 21 has to pass aswell. i did end up get a springfield xd45 acp sunday and will be getting it tonight. rather its leagal or not i am still able to go places with it, just cant get into indoor shooting ranges till im 21 witch cost money vs going to my buddis farm field were it is legal to shoot at for free just got to buy ammo!