Illinois State Police cry poor, flout law

[Cryozombie]

http://qconline.com/archives/qco/display.php?id=533867

The Illinois State Police are breaking the law.

And they are using an excuse that they would never accept from an ordinary person -- poverty.

Capt. Scott Compton of the Illinois State Police explained that the department that handles FOID applications is understaffed and using antiquated technology from the early 1970s. On top of that, the number of people requesting gun permits is at record levels, he said.

Challenges such as these are understandable.

But the law is the law.

Just imagine telling a trooper who pulled you over for a broken taillight that you shouldn't have to obey the law because you don't have the money to fix the taillight.

Think that would keep you from getting a ticket? I don't think so either.

And

Right now, millions of Illinois gun owners are expected to abide by the FOID law.

Shouldn't we at least expect the Illinois State Police to follow the law too?

FWIW, this is not a Criticism of the police, but rather the system that allows this sort of thing to occur... they have a very valid point: I can understand that they are understaffed and underfunded to process the applications, but by the same token the law is clear, and I can tell you from personal experience that not having the money will not prevent you from gettin busted if you aren't part of the system. What's good for the goose is good for the gander... this law is in place to stop people like our Governor from saying "pssst, take a year to process these... What's that Supreme Court? No of course we don't deny the right to own firearms, there is just a backlog in processing" and it needs to be followed.

 

[jks9199]

It appears to be an administrative law, not a criminal law. They are different. It also appears that the delays in processing are not because the Illinois State Police are ignoring applications or stalling. They simply cannot process the number of applications they are receiving in a more timely manner. I suspect that there are mandated record checks and steps in the approval process...

Do I agree with the requirement? Not really, at least not from what I see here about it. Here in VA, there's no such thing. Unless you have to register it federally -- you can own any gun you want, unless you're prohibited by law from owning a gun. Felons, crazy folks, and those charged or convicted of domestic assault, in other words. You can even carry any legally owned gun openly, if you so choose. If you want a CCW, we're a "shall issue" state -- and there's a provision in the code about timely processing that (as I recall) says if they don't reject it in time, the application is approved.

 

[billc]

Here in Illinois in the last election, Dan Proft, one of the candidates for governor, wanted to get rid of FOID cards all together and implement an instant check system. It's funny. The criminals seem to get their FOID cards right away. Why else would so many of them be carrying pistols. They also must be getting access to concealed carry permits because a lot of them are carrying their weapons in a concealed manner. Hmmmm. Perhaps the state police could use the system the criminals are using. That might speed things up.

 

[Cryozombie]

It appears to be an administrative law, not a criminal law. They are different. It also appears that the delays in processing are not because the Illinois State Police are ignoring applications or stalling. They simply cannot process the number of applications they are receiving in a more timely manner. I suspect that there are mandated record checks and steps in the approval process...

This is true, however, isn't an administrative law similar to a civil law, in that they can be brought before a Judge, and damages awarded from the results in the form of a monetary compensation?

The ISP does claim they cannot process the applications in time, and if we take them at their word, then yes they are not stalling, but just because they SAY that is the reason, do we know it's true? We don't KNOW that they arent currying political favor with our Anti-gun governor and using that as an excuse, which is why the law was created in the first place. (I'm not saying they are, the ISP is fairly gun-owner friendly however it COULD happen which is why it had to be written into the law) Given that the background checks are almost instantanious now... there is no reason a DMV style system could not be put in place... go in, show your ID, do your paperwork, pay your tax (erm, fee, sorry) wait 20 minutes for the BG Check and the ID to be printed, and go on your way.

Or better yet, since the background check is now required every time you purchase a weapon from a dealership anyhow, how about we simply do away with the FOID altogether?