Can an Illinois resident pick up a shotgun at Cabela's in Indiana ?

[Hanagan]

aka

That's a good idea. However, I wonder if your plan would work. Remember I was attempting to avoid the Cook County tax. If I had the shotgun shipped to Cabela's in Hoffman Estates, I'm sure the tax would be collected. Now Bass Pro in Bollingbrook is another question. I believe that would have worked.

I did make the trip last evening to do the paperwork for the background check.

As I mentioned earlier in this thread, I needed an excuse to go to my favorite pizza joint. ( John's Pizzeria in Munster. That's the old John's in Calumet City during my high school days.)

Thanks for your input.

Hanagan

 

PS: Before someone points out again that I spent more money in driving from Wheaton to Hammond twice, than if I had paid the Cook County tax, I can only say this. At 81 years of age, some decisions are made more on principle than money. The money I have, and I'm not going to compromise my principles.

[aka]

aka

That's a good idea. However, I wonder if your plan would work. Remember I was attempting to avoid the Cook County tax. If I had the shotgun shipped to Cabela's in Hoffman Estates, I'm sure the tax would be collected. Now Bass Pro in Bollingbrook is another question. I believe that would have worked.

I did make the trip last evening to do the paperwork for the background check.

As I mentioned earlier in this thread, I needed an excuse to go to my favorite pizza joint. ( John's Pizzeria in Munster. That's the old John's in Calumet City during my high school days.)

Thanks for your input.

Hanagan

 

PS: Before someone points out again that I spent more money in driving from Wheaton to Hammond twice, than if I had paid the Cook County tax, I can only say this. At 81 years of age, some decisions are made more on principle than money. The money I have, and I'm not going to compromise my principles.

 

Hey, you got to go to your favorite pizza place and you stood by your principles. I think it is a win win all around. I hope you enjoyed the pizza and I am sure you will enjoy the shotgun. I have shot that model (my boss owns one) and it is fun thing to shoot. Good Luck!

[Hanagan]

aka

Thanks for the note. I agree with all the members here who recognized my actions as not being the most intelligent or economically smart move. However, it's too late for me to change what I believe. I'm glad I did it my way. ( In the words of Frank Sanatra. )

My wife and I took the second trip from Wheaton to Hammond, and I did pick up the Beretta A 300 from Cabela's last evening. I cleaned it as soon as I arrived home, and hope to get to the range this week. I love the exclusive green ( Mallard ) color.

If you are ever get near Munster, Indiana, check out John's Pizzeria on Ridge Road. It was formerly located on State Street in Calumet City, IL. My wife and I started going there in about 1952. We've now been married for 60 years. Perhaps it was our mutual love of good pizza that has kept us together.

All the best.

Hanagan

[solareclipse2]

I'm an Aurelio's guy myself but I'm glad you had a nice trip.

[Hanagan]

solareclipse2

Aurelio's is my second favorite. ( and it"s a lot closer to me in Wheaton. )

 

Hanagan

[abolt243]

I just jumped on here for the first time in several days/weeks and saw this thread. I've not read every entry, so this may have already been said. According to Illinois law, which is where the waiting period comes from, you should NOT have to make two trips. The law clearly states, and I'll post the statute in a bit, that the waiting period starts when the "agreement to purchase is reached". So, you call Cabela's, tell them you want to buy the gun, give them the numbers from your FOID/FCCL or better yet, email/fax a copy to them. You could even pay in full or put a down payment on the gun via a credit card. They can run the background check at that point in case there is a delay. 24 hours later, you drive to the store, fill out the 4473, sign it and go home with your gun. The question is, do they understand this (obviously not) and are they willing to abide by the letter of the law? Or, do they want to adhere to their policy to give them a "cushion" in case your gun is stolen from you and used in a crime in a few years?

 

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

(Text of Section before amendment by P.A. 100-606)
Sec. 24-3. Unlawful sale or delivery of firearms.

...................................

 

(A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:

 

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. ...........................

Nothing in this paragraph (g) relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under 18 U.S.C. 922(t). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm. ...................

 

I redacted the non-pertinent points to this discussion. Tried to highlight the parts you might be interested in. Again, this is the law. Nothing prevents any retailer from following their own policy as long as it's at least as restrictive as this. If they want, they can make it 24 business hours and three trips.

 

Good luck,

Abolt

[Xwing]

I just jumped on here for the first time in several days/weeks and saw this thread. I've not read every entry, so this may have already been said. According to Illinois law, which is where the waiting period comes from, you should NOT have to make two trips. The law clearly states, and I'll post the statute in a bit, that the waiting period starts when the "agreement to purchase is reached". So, you call Cabela's, tell them you want to buy the gun, give them the numbers from your FOID/FCCL or better yet, email/fax a copy to them. You could even pay in full or put a down payment on the gun via a credit card. They can run the background check at that point in case there is a delay. 24 hours later, you drive to the store, fill out the 4473, sign it and go home with your gun. The question is, do they understand this (obviously not) and are they willing to abide by the letter of the law? Or, do they want to adhere to their policy to give them a "cushion" in case your gun is stolen from you and used in a crime in a few years?

 

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

(Text of Section before amendment by P.A. 100-606)

Sec. 24-3. Unlawful sale or delivery of firearms.

...................................

 

(A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:

 

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. ...........................

Nothing in this paragraph (g) relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under 18 U.S.C. 922(t). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm. ...................

 

I redacted the non-pertinent points to this discussion. Tried to highlight the parts you might be interested in. Again, this is the law. Nothing prevents any retailer from following their own policy as long as it's at least as restrictive as this. If they want, they can make it 24 business hours and three trips.

 

Good luck,

Abolt

 

While you are correct, most stores don't see it this way (especially big box stores aka Cabala's or Bass Pro). They will take the more restrictive definition because they don't want to take the risk of having possible trouble. Their store associates aren't lawyers and the corporation doesn't want to take any chances.

[solareclipse2]

 

I just jumped on here for the first time in several days/weeks and saw this thread. I've not read every entry, so this may have already been said. According to Illinois law, which is where the waiting period comes from, you should NOT have to make two trips. The law clearly states, and I'll post the statute in a bit, that the waiting period starts when the "agreement to purchase is reached". So, you call Cabela's, tell them you want to buy the gun, give them the numbers from your FOID/FCCL or better yet, email/fax a copy to them. You could even pay in full or put a down payment on the gun via a credit card. They can run the background check at that point in case there is a delay. 24 hours later, you drive to the store, fill out the 4473, sign it and go home with your gun. The question is, do they understand this (obviously not) and are they willing to abide by the letter of the law? Or, do they want to adhere to their policy to give them a "cushion" in case your gun is stolen from you and used in a crime in a few years?

 

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

(Text of Section before amendment by P.A. 100-606)

Sec. 24-3. Unlawful sale or delivery of firearms.

...................................

 

(A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:

 

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. ...........................

Nothing in this paragraph (g) relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under 18 U.S.C. 922(t). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm. ...................

 

I redacted the non-pertinent points to this discussion. Tried to highlight the parts you might be interested in. Again, this is the law. Nothing prevents any retailer from following their own policy as long as it's at least as restrictive as this. If they want, they can make it 24 business hours and three trips.

 

Good luck,

Abolt

 

While you are correct, most stores don't see it this way (especially big box stores aka Cabala's or Bass Pro). They will take the more restrictive definition because they don't want to take the risk of having possible trouble. Their store associates aren't lawyers and the corporation doesn't want to take any chances.

 

 

Correct. The Brady campaign is using another poor helpless family to try to sue Cabela's as we speak

 

http://www.thetruthaboutguns.com/2018/07/daniel-zimmerman/plcaa-be-damned-brady-campaign-sues-cabelas-over-straw-purchase-gun-used-in-murder/

[Yas]

I was familiar with the law and when a sale is made deal wordage , but its the FFL's shop and I had to do 2 trips regardless they were not taking chances and parting with the firearm any other way.

 

The famous and irritating words I heard was "Some guys from the ISP stopped in and said thats was the was it supposed to be done" .

 

Irritatingly no details like Who, From what district, or details.

[solareclipse2]

I was familiar with the law and when a sale is made deal wordage , but its the FFL's shop and I had to do 2 trips regardless they were not taking chances and parting with the firearm any other way.

 

The famous and irritating words I heard was "Some guys from the ISP stopped in and said thats was the was it supposed to be done" .

 

Irritatingly no details like Who, From what district, or details.

 

Because those guys don't exist and were never there. Don't question the almighty FFL. You mere mortal cannot possibly know more than them!

 

or something like that. That's why I don't shop at some places any more.

[aka]

 

I just jumped on here for the first time in several days/weeks and saw this thread. I've not read every entry, so this may have already been said. According to Illinois law, which is where the waiting period comes from, you should NOT have to make two trips. The law clearly states, and I'll post the statute in a bit, that the waiting period starts when the "agreement to purchase is reached". So, you call Cabela's, tell them you want to buy the gun, give them the numbers from your FOID/FCCL or better yet, email/fax a copy to them. You could even pay in full or put a down payment on the gun via a credit card. They can run the background check at that point in case there is a delay. 24 hours later, you drive to the store, fill out the 4473, sign it and go home with your gun. The question is, do they understand this (obviously not) and are they willing to abide by the letter of the law? Or, do they want to adhere to their policy to give them a "cushion" in case your gun is stolen from you and used in a crime in a few years?

 

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

(Text of Section before amendment by P.A. 100-606)

Sec. 24-3. Unlawful sale or delivery of firearms.

...................................

 

(A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:

 

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. ...........................

Nothing in this paragraph (g) relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under 18 U.S.C. 922(t). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm. ...................

 

I redacted the non-pertinent points to this discussion. Tried to highlight the parts you might be interested in. Again, this is the law. Nothing prevents any retailer from following their own policy as long as it's at least as restrictive as this. If they want, they can make it 24 business hours and three trips.

 

Good luck,

Abolt

 

While you are correct, most stores don't see it this way (especially big box stores aka Cabala's or Bass Pro). They will take the more restrictive definition because they don't want to take the risk of having possible trouble. Their store associates aren't lawyers and the corporation doesn't want to take any chances.

 

I have noticed this trend everywhere. You need to come in and fill the paperwork and then the waiting period starts. I recently got something at Bass Pro Online and they would not consider the date of order as purchase date. It was the date/time when I went in and filled the forms. A lot of gun ranges are doing the same. Seems that there is big push to tighten the timeline. And now from Jan 1, 2019 it will be three days for all guns.

[axel2078]

I don't see why not. I live in southern IL and recently bought a Stoeger shotgun from a Cabela's in Missouri and I picked it up in Missouri. The caveat is that if they sell to someone from IL, they must follow IL's gun laws since they are more strict, so I had to wait the standard 24 hours for a long gun, while MO residents can walk in, purchase, and walk right out with it. The process was annoying too. I went in and filled out the paperwork to start the 24 hr clock and then went back in the next day to pick it up and I had to fill out more paperwork and sign some logbook indicating I'm an IL resident. It took like 20 minutes before it was all done.