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illinois sherrif confiscating guns

I live in Illinois 60 miles SW of Chicago. Here is a story of common sense by a Kendall Co Sherriffs Deputy. My neighbors were going through a divorce. The man is a firearms owner. He's a hothead. He had a safe in his house to secure firearms. He moved out and posted a picture of himself on Facebook with himself holding a gun to his head. His estranged wife saw it and refused to let him into the house to remove his safe containing his firearms. The police were called and after finding out that she did not have a FOID card the sherriffs deputy informed her that she was illeagal by having firearms in the house without a FOID card. She replied, What am I supposed to do, let him into the house to get his guns and let him shoot me? The deputy concurred and left with no action taken against her. After a couple of months and after things cooled down, he was allowed to remove his safe containing his firearms. They got divorced and kinda get along.
 
apakesha said:
I live in Illinois 60 miles SW of Chicago. Here is a story of common sense by a Kendall Co Sherriffs Deputy. My neighbors were going through a divorce. The man is a firearms owner. He's a hothead. He had a safe in his house to secure firearms. He moved out and posted a picture of himself on Facebook with himself holding a gun to his head. His estranged wife saw it and refused to let him into the house to remove his safe containing his firearms. The police were called and after finding out that she did not have a FOID card the sheriff's deputy informed her that she was illegal by having firearms in the house without a FOID card. She replied, What am I supposed to do, let him into the house to get his guns and let him shoot me? The deputy concurred and left with no action taken against her. After a couple of months and after things cooled down, he was allowed to remove his safe containing his firearms. They got divorced and kinda get along.

Courts have ruled that if you can't get in the safe (or other secure place) then you can't be in possession, and can't be charged.
 
areaone said:
Just a heads up for Illinois residents(I am one), if you have firearms in the home everyone of legal age should have a FOID card. If the owner of the firearms passes away or abandons the premises, the firearms are illegal to the premises if the occupant/owner does not have a valid FOID to have physical possession of those firearms, regardless who actually owns those firearms.
How do they know what you have? Couldn't you claim to have sold them out-of-state? Then let the FOID expire.

Why haven't any enforcers been shot over this?
 
CatShooter said:
apakesha said:
I live in Illinois 60 miles SW of Chicago. Here is a story of common sense by a Kendall Co Sherriffs Deputy. My neighbors were going through a divorce. The man is a firearms owner. He's a hothead. He had a safe in his house to secure firearms. He moved out and posted a picture of himself on Facebook with himself holding a gun to his head. His estranged wife saw it and refused to let him into the house to remove his safe containing his firearms. The police were called and after finding out that she did not have a FOID card the sheriff's deputy informed her that she was illegal by having firearms in the house without a FOID card. She replied, What am I supposed to do, let him into the house to get his guns and let him shoot me? The deputy concurred and left with no action taken against her. After a couple of months and after things cooled down, he was allowed to remove his safe containing his firearms. They got divorced and kinda get along.

Courts have ruled that if you can't get in the safe (or other secure place) then you can't be in possession, and can't be charged.

That is gray area. It can be a he said she said deal it can also be looked at like this in a pickup if there is a locked toolbox and you do not have the key to get into it you can still be charged with being in possession of anything in said box. If the driver is under 21 and there is booze in it the parents can also be charged with contributing. That is BS because if I do not have the key how am I to get the booze from it?

So to the safe he can say she knows the combo and has access to the place where it is written down if she cannot remember it.
 
people said:
CatShooter said:
apakesha said:
I live in Illinois 60 miles SW of Chicago. Here is a story of common sense by a Kendall Co Sherriffs Deputy. My neighbors were going through a divorce. The man is a firearms owner. He's a hothead. He had a safe in his house to secure firearms. He moved out and posted a picture of himself on Facebook with himself holding a gun to his head. His estranged wife saw it and refused to let him into the house to remove his safe containing his firearms. The police were called and after finding out that she did not have a FOID card the sheriff's deputy informed her that she was illegal by having firearms in the house without a FOID card. She replied, What am I supposed to do, let him into the house to get his guns and let him shoot me? The deputy concurred and left with no action taken against her. After a couple of months and after things cooled down, he was allowed to remove his safe containing his firearms. They got divorced and kinda get along.

Courts have ruled that if you can't get in the safe (or other secure place) then you can't be in possession, and can't be charged.

That is gray area. It can be a he said she said deal it can also be looked at like this in a pickup if there is a locked toolbox and you do not have the key to get into it you can still be charged with being in possession of anything in said box. If the driver is under 21 and there is booze in it the parents can also be charged with contributing. That is BS because if I do not have the key how am I to get the booze from it?

So to the safe he can say she knows the combo and has access to the place where it is written down if she cannot remember it.

Nonsense!! It is not grey... no more than if she was renting the upstairs of the house to someone that had guns - she could not be charged with possession if she had a key to the upstairs.

If it is his safe, and they did not share it, she cannot be charged.
 
CatShooter said:
Nonsense!! It is not grey... no more than if she was renting the upstairs of the house to someone that had guns - she could not be charged with possession if she had a key to the upstairs.

If it is his safe, and they did not share it, she cannot be charged.

Stop with your factual and reality based responses. It is so much more fun to drum up false hysteria and incorrect situations when on gun forums! ;D :D
 
SShooterZ said:
CatShooter said:
Nonsense!! It is not grey... no more than if she was renting the upstairs of the house to someone that had guns - she could not be charged with possession if she had a key to the upstairs.

If it is his safe, and they did not share it, she cannot be charged.

Stop with your factual and reality based responses. It is so much more fun to drum up false hysteria and incorrect situations when on gun forums! ;D :D

You're right... but I plead that de' Debil made me do it. :)
 

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