Illinois Assault Weapons Ban Proposed - NO GRANDFATHERING

[Trent]

So, I heard in the news that the proposals were advanced, but not passed?

The amendments were passed.

Chicago is short only ONE vote to get this passed without preemption (assuming all members are present)

They are looking for that vote right now, I'd bet my bottom dollar.

They might SAY they aren't advancing it, just to take us off guard.

Wait until the first time 4 or 5 pro-gun reps are sick and not present.

You'll see that bill thrown out on the floor for a vote by Madigan before you can say "What the..."

 

[Solo]

Ah. That's pretty bad for IL. Keep us updated, Trent.

If it does pass, I'm hoping for a lawsuit. It's about time.

 

[Trent]

Ah. That's pretty bad for IL. Keep us updated, Trent.

If it does pass, I'm hoping for a lawsuit. It's about time.

Legislation takes months (sometimes days; look at what happened in NY)... litigation takes years.

And lots.. and lots.. and lots of money.

And really smart people.

 

[Solo]

Well, in NY, the courts are filing an injunction against the SAFE act unless the state can show it is constitutional, so there's some hope.

And even if a legal battle takes years, winning it is a more permanent victory than preventing a bill from passing.

 

[Trent]

Solo, I'd agree about permanent change, to a degree.

But as an example; despite the Federal court ruling, the Chicago SA has already stated publicly that in Cook County / Chicago, anyone who carries a firearm will be arrested and charged with a felony; even IF the state passes concealed carry; and/or even IF the June 9th Federal Court ruling kicks in to effect without a replacement law for Unlawful Use of Weapons.

How much more clearly does a state or local Government have to be about trampling a basic civil right?

 

[fehhkk]

Yeah, but the Cook County SA was alone in making that declaration. He said it was his sole idea only, I think Rep. reboletti challenged him when he made that statement during the hearings

 

[mayassa]

Holy cow! I joined the military left Illinois in 85 and I'm so glad I never moved back. Last one out please take the flag with you. Might as well give the state over to China for payment of some of the debt we have with them. People in Illinois won't mind.

 

[Bubbles]

I don't see how 8,000 folks out of nearly 13,000,000 helps...

For 8000 people to show up at a state capital on fairly short notice, on a work day, when the weather makes travel difficult, is nothing short of phenomenal.

 

[Trent]

Yup, this pretty much smashes the pro-gun rallies seen in other states, back in January and February, which were on weekends and in fairer weather.

 

[Akita1]

I already have my eye on an estate in Indiana with a built in vault. I'll keep the house in IL to work out of but hold the guns at the other property.

I'm seriously considering reincorporating my business in another state so THEY get all of the corporate tax money. If I get a residence in another state, well, the corporate income goes with me.

All of it.

and THAT, my friend is the answer if all else fails and you have the ability to do so!

 

[Akita1]

Trent - what is the chance any of this gets struck down on appeal (if signed into law as you expect)? Not from IL so don't know the appellate court system there. Thanks.

 

[Phatty]

Trent - what is the chance any of this gets struck down on appeal (if signed into law as you expect)? Not from IL so don't know the appellate court system there. Thanks.

There's almost no chance that an Illinois state court would strike down the law (maybe a particular provision of the law could get stricken if it was particularly egregious). In fact, off the top of my head, I can't think of any firearms law that has ever been struck down by an Illinois court.

With regard to the federal courts in Illinois, we would probably lose at the district court level (the first level of the federal court system) and in my opinion have about a 40% chance of success at the federal appellate level (7th Circuit Court of Appeals), highly dependent on the particular panel of judges assigned to the case. It would take 18-24 months to get to that point.

 

[Jeff White]

In fact, off the top of my head, I can't think of any firearms law that has ever been struck down by an Illinois court.

The state supreme court did make the definition of a cased firearm be enforced as it is written not the way the lower courts interpreted it.

 

[Trent]

Yeah, back in 2006. That was a heck of a great ruling for Illinois residents as it changed the transportation rules (as seen by State's Attorney and police), allowing us to carry unloaded weapons in the glove box with a loaded magazine next to them.

Still a far cry from true self defense, but at least puts you a few seconds closer to it... assuming you don't bungle the mag / speedloader loading process under pressure.

 

[Phatty]

I should add that last year the Illinois Supreme Court did not flatly reject a plaintiff's challenge to the Cook County assault weapon ban. Instead, it allowed the plaintiff to proceed with his lawsuit to give both parties a chance to present evidence. As far as I know, that case is still working its way through the trial court.

 

[Phatty]

The state supreme court did make the definition of a cased firearm be enforced as it is written not the way the lower courts interpreted it.

How sad is our State when we consider it a great win for gun rights when the Illinois Supreme Court decides to interpret a statute consistently with the plain meaning of that statute.

 

[Jeff White]

There are plenty of laws that the courts have interpreted to mean something somewhat different then the plain language of the statute. Probably in all states and at the federal level.

I like to say that a law doesn't mean what it say until the courts have ruled on it.

 

[JTHunter]

Trent - last year, the crowds seemed larger and decidedly more boistrous than this year. Last year, people lined all thre levels of the rotunda and chanted "Concealed carry NOW!" for a full minute. In moving through the many halls and esp. in the underground tunnel, you could hear more of those off & on chants.

Not this year. Don't know why not other than somebody didn't want us to push too hard because of the June 9th deadline.

Still, it's a lot of fun to hang out with "a few" like-minded friends.

 

[Trent]

Still, it's a lot of fun to hang out with "a few" like-minded friends.

Yeah, it was.

I felt a tremendous feeling of pride this week, being surrounded by so many people who were united in a determined, singular effort.

As we walked around the capitol building, looking for one particular office, we went down the north house side, and down the back stairs to get to the first floor. My son turned and look at me all freaked out "Dad, are we supposed to be here???" (Meaning the halls, the stairs, etc)

I looked at him confused for a minute, then something in my head clicked; I understood what he was feeling.

I turned to him, smiled, and said:

"Son, I'll go any damn place I feel like going in THIS building, all of these suits you see walking around work for the PEOPLE, and the PEOPLE own this building. I'll go where I please, and say what I please. They are public servants and we allow them to occupy this building to do our bidding, not the other way around."

 

[breakingcontact]

Do some of the radical socialists who run Illinois want this ban? Of course...but many more are happy to give the public a distraction from the real problem in Illinois:

nearly $100 billion behind in pension obligations. You know, the pensions forced in by the unions/Democrats.

I still don't see how people don't see this as left vs right. I suppose in Illinois they are equal opportunity in sending governors to prison. What a joke.

Perhaps this is also a response to y'all gaining your concealed carry rights.

 

[lilguy]

So, what does one do with a collection when this passes?

 

[Trent]

First thing I'll do, if it passes, is file a big nasty lawsuit against the State of Illinois.

 

[lilguy]

Anyone know where to find the story concerning the FTF transfer trap set up by the Cook County sheriff ? Thats what's coming with this law, they'll begin hounding folks trying to sell their collections.

 

[steelerdude99]

Anyone know where to find the story concerning the FTF transfer trap set up by the Cook County sheriff? That's what's coming with this law, they'll begin hounding folks trying to sell their collections.

lilguy,
Please elaborate on the "FTF transfer trap". I have never heard of it.

chuck

 

[Deanimator]

Anyone know where to find the story concerning the FTF transfer trap set up by the Cook County sheriff ? Thats what's coming with this law, they'll begin hounding folks trying to sell their collections.

It's on Second City Cop blog.