Skip to comments.Fresh Attempt to Grab Guns in Illinois Underway
Posted on 01/19/2013 8:31:01 AM PST by Springfield Reformer
The Empire Strikes Back: Round two of the effort to cynically use the Sandy Hook tragedy to deprive Illinoisans of their constitutional right to bear arms....
The legislation appears to deny the use of most modern firearms, ammo mags over ten rounds, makes it harder to quickly access your weapon in your home and car, appears to also negate the recent case law that allowed glove compartment storage, and makes it easier to lose your FOID card if you dont play their game. There does appear to be some sort of grandfathering, but only if you slobber and grovel like a good little vassal under a full-fledged registration scheme. This is a very cursory analysis, and I reserve the right to read it again and revise my conclusions. But it looks bad. Very bad. Dont know what the support level is. Hopefully same as before. As in even the downstate dems wouldn't get on this sinking ship...
Hat tip to Illinois Carry at http://illinoiscarry.com/forum/index.php?showtopic=33329 for identifying the new Illinois gun legislation so quickly
This needs to be passed.....inner city Chicago will then be a safe place to raise a family.
May I rip this off? (Link to the image)
Love the pic. :)
BTW, what’s this about the “River Raisin’?”
You might as well, I did.
The River Raisin is the northern war of 1812 version of the Alamo. It was a massacre of Americans that spurred revenge that led to America seizing control of the great lakes from british forces in Canada. It effectively set the border between Canada and the USA in this part of the country.
Something like 9 Kentucky counties are named after men who fought here.
I strongly recommend that Illinois FReepers consult with a lawyer before placing their handgun in a glove compartment, thinking that "recent case law" favors it.
How much did the situation really change in Springfield with the last election? I know several more slots went from R to D, but would that have materially affected the vote count from the last (two) times Quinn tried to shove this turkey through?
They didn’t learn from the angry crowds last time?
They also have a VETO PROOF majority.
Those of us who still live here are so F'ed.
Point well taken. Illinois v Diggins turned on the definition of case, whether it had to be portable or specifically a firearm case to qualify. The court decided negatively on both points, i.e., the case could be fixed or portable and did not have to be specifically made for firearms. The court deprecates an earlier appellate decision (Cameron336 Ill. App. 3d 548 (2003)) as flawed for concluding a glove compartment did not qualify as a case. However, the holding in the Diggins case was that a center console could qualify. At this point in time there is no specific ruling on glove compartments per se, though I’m not sure how prosecution could demonstrate a rational difference between the two.
I also understand that 520 ILCS 5/2.33 (wildlife code) requires the case to be specifically a gun case. The violation is not criminal, but you can lose possession of the weapon until the authorities return it to you. See here for a useful summary of current Illinois gun law:
Disclaimer: This discussion is to provide general information only and does not constitute legal advice. In other words, if you do anything based on this information, and you get in trouble with the law over it, you’re on your own. Well, you and the lawyer you hire.
My brother in law lives in Cook County. Was telling me his FOI card was due for renewal at end of December, last year. So he sends off the forms and check in November. His card is now expired, and when he contacted the state they are. Something like 20000 applications behind, and have exactly 2 officers that work on them.
So it seems the plan is to make it such a bureaucratic CF that owning any kind of weapon legally will be impossible.