Jump to content

Shout out to Tactical Link - IL-friendly vendor


gearsmithy

Recommended Posts

Just wanted to give credit where credit is due. I recently placed an order for some pistol mags with http://www.tacticallink.com/, and they notified me that the items I ordered were banned under state law. I explained the process we went through to get concealed carry passed and referenced them to the preemption clause in the law. I also explained that the whole "magazines aren't part of the gun" argument and mentioned that it hasn't been tested in court yet so use your judgement if you want to change your policies. I also expressed that I can understand if they want to keep it simple and how hard it is for IL residents to order online due to the confusion around the law.

 

Well, they changed their policies a few minutes later and issued an apology. I sent them a copy of my CCW and the transaction was done. It's refreshing to know that there are vendors out there who are willing navigate these waters with us. Two thumbs up!

Link to comment
Share on other sites

The new preemption law voids all handgun restrictions in Illinois. § 3-13G-3 bans the transfer, acquisition, possession, manufacture or distribution of assault ammunition (any detachable ammunition magazine having a capacity of more than 16 rounds).

This sounds like a specific municipal ordinance. Location?
Link to comment
Share on other sites

I believe that’s state law, there’s a whole topic on it here :)

http://illinoiscarry.com/forum/index.php?showtopic=67613

The state has preemption over handguns. There is no statewide restrictions on ammo or magazines, only municipal ordinances e.g Chicago 15 rds, Cook 10 rds, etc which have yet to be challenged with state preemption.
Link to comment
Share on other sites

That's good they changed their policy but why did you have to give them a copy of your CCL? Just curious.. Sent from my SM-G955U using Tapatalk

 

The way the law is worded preemption seems to only apply to CCL holders. So theoretically the local laws still apply if you don't have your permit.

 

(430 ILCS 66/90)
Sec. 90. Preemption. The regulation, licensing, possession, registration, and transportation of handguns and ammunition for handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or handguns and ammunition for handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 98-63, eff. 7-9-13.)
Link to comment
Share on other sites

 

That's good they changed their policy but why did you have to give them a copy of your CCL? Just curious.. Sent from my SM-G955U using Tapatalk

 

The way the law is worded preemption seems to only apply to CCL holders. So theoretically the local laws still apply if you don't have your permit.

 

(430 ILCS 66/90)
Sec. 90. Preemption. The regulation, licensing, possession, registration, and transportation of handguns and ammunition for handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or handguns and ammunition for handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 98-63, eff. 7-9-13.)

 

There is also a pre-emption clause in the FOID act that protects FOID card holders.

 

(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

Sec. 13.1. Preemption.

(a) Except as otherwise provided in the Firearm Concealed Carry Act and subsections (B) and © of this Section, the provisions of any ordinance enacted by any municipality which requires registration or imposes greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act, are not invalidated or affected by this Act.

(B) Notwithstanding subsection (a) of this Section, the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition by a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, enacted on or before the effective date of this amendatory Act of the 98th General Assembly that purports to impose regulations or restrictions on a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act in a manner that is inconsistent with this Act, on the effective date of this amendatory Act of the 98th General Assembly, shall be invalid in its application to a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act.

© Notwithstanding subsection (a) of this Section, the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid unless the ordinance or regulation is enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly. Any ordinance or regulation described in this subsection © enacted more than 10 days after the effective date of this amendatory Act of the 98th General Assembly is invalid. An ordinance enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly may be amended. The enactment or amendment of ordinances under this subsection © are subject to the submission requirements of Section 13.3. For the purposes of this subsection, "assault weapons" means firearms designated by either make or model or by a test or list of cosmetic features that cumulatively would place the firearm into a definition of "assault weapon" under the ordinance.

(d) For the purposes of this Section, "handgun" has the meaning ascribed to it in Section 5 of the Firearm Concealed Carry Act.

(e) This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 98-63, eff. 7-9-13.)

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...