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Franks bill would allow 18-20 year olds to have FOID card without parental consent

Wednesday, Nov 27, 2013

* Rep. Jack Franks has introduced a new bill

Amends the Firearm Owners Identification Card Act. Lowers the age in which a person may apply for a Firearm Owner’s Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age.

* From local news coverage

Under current law, residents under age 21 must produce a notarized affidavit from a parent or guardian, who cannot themselves be ineligible to have the FOID card required by law to possess firearms and ammunition.

Franks said he was surprised when he learned from upset constituents that college-aged adults had the extra requirement. He called the extra burden unnecessary and an impediment to law-abiding citizens exercising their Second Amendment rights that does nothing to keep criminals from obtaining guns.

“If you’re 18 and able to join the military and defend our country, I don’t think it makes sense that you have to get your parents’ permission to get a FOID card in Illinois,” Franks said.

The bill does not eliminate the parental permission requirement for people younger than 18 to obtain a FOID card. Children under state law can handle firearms without a FOID card in the presence of a parent, guardian or someone acting in a supervisory capacity who has a valid card.

Franks’ bill is likely to face opposition from Chicago lawmakers, who advocate strict gun control, as well as from gun control groups. The state’s oldest, the Illinois Council to Prevent Handgun Violence, is reviewing Franks’ bill, Executive Director Colleen Daley said Friday.

Thoughts?

- Posted by Rich Miller        

32 Comments
  1. - Lob Y Olla - Wednesday, Nov 27, 13 @ 9:26 am:

    That proposal will allow 18+ year olds to avoid the penalty enhancement in the Agg UUW statute. Makes sense to me.


  2. - E Man - Wednesday, Nov 27, 13 @ 9:28 am:

    Agree. Same should be done with alcohol. Otherwise, roll up the age to 21 if you want to serve your country. Simple math.


  3. - Mason born - Wednesday, Nov 27, 13 @ 9:31 am:

    This has always been silly. By Federal and State Law you can legally purchase a Rifle or Shotgun at 18. Requiring parental consent for 18-20 yr has never been rational. I would think this is the kind of thing that should be simple bookkeeping. Here is a law that doesn’t make sense let’s fix it. Of course Rich is right it will be a circus. I personally am curious what the arguments for not doing it are.


  4. - wordslinger - Wednesday, Nov 27, 13 @ 9:32 am:

    I’m fine with that. Either you’re an adult or you’re not. Once you’ve reached an age where you can serve in the armed forces, you should be vested with all adult rights.


  5. - OneMan - Wednesday, Nov 27, 13 @ 9:37 am:

    Seems a bit silly that it is 21…


  6. - Oswego Willy - Wednesday, Nov 27, 13 @ 9:38 am:

    If you are old enough to vote for the people who can vote for or against this Bill, then I am ok with it…

    When the branches of the Armed Forces say that an 18 year old can’t serve, and can’t handle a firearm in defense of the United States… then I will be against this Bill…


  7. - walkinfool - Wednesday, Nov 27, 13 @ 9:41 am:

    Jack Franks makes sense.

    Wait! Did I just say that?


  8. - veritas - Wednesday, Nov 27, 13 @ 9:45 am:

    Agreed - now can we reduce the drinking age to 18?


  9. - Joan P. - Wednesday, Nov 27, 13 @ 9:45 am:

    I’m not a fan of guns, but I think it’s silly allow an 18-year-old to enlist in the military, train her to use serious weapons in order to kill people, but not let her get a FOID.


  10. - Joan P. - Wednesday, Nov 27, 13 @ 9:46 am:

    That should read “to allow”. I need another cup of caffeine.


  11. - Tequila Mockingbird - Wednesday, Nov 27, 13 @ 9:57 am:

    Until they do away with the whole FOID thing, this is a logical change in a useless law.


  12. - Grandson of Man - Wednesday, Nov 27, 13 @ 10:00 am:

    I also agree. If you’re 18, you’re an adult, and you can use weapons in wars. You should be able to get a FOID.


  13. - Formerly Known As... - Wednesday, Nov 27, 13 @ 10:00 am:

    If the federal government trusts them to defend us and serve in the military at age 18, then we should trust them to exercise the same rights and freedoms as the rest of us at age 18.


  14. - RonOglesby - Wednesday, Nov 27, 13 @ 10:13 am:

    It also allows the ILGA to head off another lawsuit that is in court right now challenging this… And 18 year old that is NOT living with parents, and wants to own a shotgun, but has parents that refuse to sign the FOID app.

    There could also be a suit as a parent that is not eligible for a FOID (prior felony, mental health whatever) cannot sign for a 20 year old, even if that 20 year old does not live with the parent and is considered an adult in every other way.

    but this is Illinois. And while I think this change is smart I am waiting to hear the “Chicago” reaction.


  15. - Ken_in_Aurora - Wednesday, Nov 27, 13 @ 10:23 am:

    It’s profoundly logical, which means it will never pass. ;)


  16. - dupage dan - Wednesday, Nov 27, 13 @ 10:27 am:

    I always told our son that the age of reason is 30 y/o. I know from experience. However, he also joined the military before he was 21 y/o. I don’t think there is, developmentally, a significant difference in mental functioning that justifies denying them the right to purchase the firearms at 18. Reluctantly, I agree with the drinking age as well. Stupid knows no age.


  17. - cermak_rd - Wednesday, Nov 27, 13 @ 10:49 am:

    I agree with Rep Franks. It’s silly not to allow 18 year olds to have a FOID card when they can vote, serve in the armed forces, and do everything else an adult can do.

    Now about that drinking age…


  18. - Rod - Wednesday, Nov 27, 13 @ 11:12 am:

    I also agree with Rep Franks.


  19. - downstate commissioner - Wednesday, Nov 27, 13 @ 11:21 am:

    Know a guy who had no mother, and a dad with some major alcohol issues who wasn’t eligible himself. Now a retired Pharmacist, so he was no dummy. He said that all of his friends from rural southern Illinois had foid cards and went hunting when they were in high school-he couldn’t legally do it until he was 21. Didn’t have a real problem with this age requirement(my dad signed off on mine when he got his) until I heard his story. Seems a logical amendment might be to use a different color to indicate the original age to quiet down the handgun purchase worries.


  20. - John Boch - Wednesday, Nov 27, 13 @ 11:28 am:

    Guns Save Life supports this common sense reform to the FOID Act.


  21. - And the horse they rode in on! - Wednesday, Nov 27, 13 @ 11:37 am:

    == “If you’re 18 and able to join the military and defend our country, I don’t think it makes sense that you have to get your parents’ permission to get a FOID card in Illinois,” Franks said.

    Well if Rep. Franks or anyone else is going to use that logic then shouldn’t the legal drinking age should be lowered to 18 as well? Somehow I doubt the MADD folks would like that idea.


  22. - 47th Ward - Wednesday, Nov 27, 13 @ 11:45 am:

    I didn’t realize 18-20 year olds needed parental consent. I have no problem with ending that requirement.


  23. - Railrat - Wednesday, Nov 27, 13 @ 12:11 pm:

    It does make sense, but the “foid” requirement needs to be abolished not a universal issue in other states, but it IS a revenue stream and this IS Illinois!!! to all of you please have a safe and happy Thanksgiving and to those also Happy Hanukkah !!


  24. - Anyone Remember? - Wednesday, Nov 27, 13 @ 12:55 pm:

    Legally, the State of Illinois does not “trust” anyone 18 - 20 to carry a weapon without parental consent. IF we did, then there wouldn’t be a minimum age of 21 to be a police officer, correct?
    65 ILCS 5/10-2.1-6(e)


  25. - reformer - Wednesday, Nov 27, 13 @ 1:17 pm:

    == “If you’re 18 and able to join the military and defend our country, I don’t think it makes sense that you have to get your parents’ permission to get a FOID card in Illinois,” Franks said. ==

    The same argument could be applied to reducing the following ages from 21 to 18:

    * drinking age
    * casino entry age
    * bus driver age
    * age to serve in the IL 后色


  26. - reformer - Wednesday, Nov 27, 13 @ 1:22 pm:

    I meant to write the IL House.

    Let’s do away with the hoary argument that if “you’re old enough to fight, you’re old enough to _____________ (fill in the blank).” Here’s a compromise all can agree on: If you are between 18-20 and actually serving in the armed forces, then and only then can you get a FOID without parental permission. Why should 99% benefit for the sacrifice borne by 1%?


  27. - reformer - Wednesday, Nov 27, 13 @ 1:23 pm:

    Will Rep. Franks next introduce a bill to lower the handgun purchase age without parental consent to 18?


  28. - Todd - Wednesday, Nov 27, 13 @ 1:33 pm:

    We have filed this bill in the past. Phelps had and so did Forby we have passed it out of chambers and I can’t remember if Blagojevich vetoed it or if it got hung up

    We welcome rep. Franks help on the issue


  29. - Mason born - Wednesday, Nov 27, 13 @ 1:42 pm:

    Reformer

    I am curious what is the gain for society in keeping the Foid the way it is? If you want to change the other issues let’s debate it.

    If a 18 yr old from Missouri drives into IL he can buy a Rifle perfectly legally with his drivers liscense and walk out the next day. Yet a 18 yr old IL resident needs permission from his folks to do the same. So what does the 18-20yr restriction do??

    As for the Military arguement aren’t all your freedoms a gift from that 1%.
    –Why should 99% benefit for the sacrifice borne by 1%?–


  30. - reformer - Wednesday, Nov 27, 13 @ 2:45 pm:

    Mason

    I don’t see much benefit to the FOID today, and I would abolish it. I think it’s reasonable, however, to require parental consent for 18-year olds purchasing firearms.

    I’m willing to apply the old-enough-to-fight argument to those who actually fight. I’m from the era when all young men were subject to the draft, not just registration. It affected our lives whether we were ultimately drafted or not.

    If old-enough-to-fight eliminates one age limit, why not all the others?

    Maturity is not something that happens suddenly on a birthday. It’s a gradual process, which is why it’s appropriate to gradually permit young people to assume adult responsiblities rather than doing it all at once as some on this forum advocate.


  31. - Mason born - Wednesday, Nov 27, 13 @ 3:39 pm:

    Reformer

    So that should apply to a 20 yr old. At some point a Person has to stand on their own and make their own choices and yes live with the consequences. Requiring a 18-20 yr old to request his parents permission especially if he is on his own doesn’t make sense. As for the other items you list as examples of silly age laws i agree.


  32. - John - Wednesday, Dec 4, 13 @ 9:10 am:

    Federal law prohibits the purchase of a handgun by anyone under the age of 21, so there is an age graduated standard there. Many states prohibit the issuance of a concealed carry license to anyone under 21, so there is some consideration of the level of maturity required to carry a gun in public by most state legislatures.

    Boch says Guns Save Life supports this bill to lower the FOID issuance age to 18. Since GSL likes to pose as a civil rights organization, why don’t they support abolishing the FOID?

    Is this the position of Boch, or has the GSL Board adopted it? Then again, Boch runs the board by talking over them and interrupting them until they give up anyway, so the President for Life of GSL always gets his way.

    Most of the gun rubes in Illinois secretly like to have the FOID card in their wallet, because they think it proves that they are “one of the good guys.” Most of them inherently believe that the system is inherently infallible, and have a fawning attitude towards law enforcement especially.


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