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HB3912 CRIM CD-USE OF SILENCERS


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#1 InterestedBystander

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Posted 09 October 2019 - 01:59 PM

Filed Oct 8

http://ilga.gov/legi...onID=108&GA=101


Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that a person also commits the offense of unlawful use of weapons when the person knowingly uses, attaches, or possesses with the intent to use or attach (rather than possesses) any device or attachment of any kind (deletes designed, used, or intended for use in) for silencing the report of any handgun. Permits the use, attachment, or possession with the intent to use the device or attachment on the premises of a firing or shooting range. Prohibits the possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment is not possessed in compliance with the federal National Firearms Act. Provides that a person also commits the offense of unlawful sale or delivery of firearms when he or she transfers or gives a suppressor or silencer to a person not authorized to possess the suppressor or silencer under federal law. Amends the Wildlife Code. Removes the prohibition of using a silencer or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun. Effective immediately.
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#2 Euler

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Posted 09 October 2019 - 02:33 PM

520 ILCS 5/2.33. Prohibitions.
...
(s) (Blank). It is unlawful to use a silencer or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun.
...

720 ILCS 5/24-1. Unlawful use of weapons.
...
(a) A person commits the offense of unlawful use of weapons when he knowingly:
...
(6) Uses, attaches, or possesses with the intent to use or attach Possesses any device or attachment of any kind for designed, used or intended for use in silencing the report of any handgun, unless the use, attachment, or possession with the intent to use the device or attachment is on the premises of a firing or shooting range; or possesses any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment is not possessed in compliance with the federal National Firearms Act firearm; or
...

720 ILCS 5/24-3. Unlawful sale or delivery of firearms.
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(A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:
...
(m) Transfers or gives a suppressor or silencer to a person not authorized to possess the suppressor or silencer under federal law.
...


Edited by Euler, 09 October 2019 - 02:34 PM.

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#3 modeler1945

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Posted 09 October 2019 - 02:58 PM

If I'm reading that correctly, are they proposing suppressors to be legal at firing ranges, and only firing ranges?


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#4 Euler

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Posted 09 October 2019 - 03:01 PM

If I'm reading that correctly, are they proposing suppressors to be legal at firing ranges, and only firing ranges?


If I read correctly, they'd be legal on handguns only at ranges, but legal on "anything else" everywhere, as long as Federal law is not violated.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#5 Flynn

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Posted 09 October 2019 - 03:02 PM

If I'm reading that correctly, are they proposing suppressors to be legal at firing ranges, and only firing ranges?

 

That is the way I read it at first, but the "or" in 

 

 

 

or possesses any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment is not possessed in compliance with the federal National Firearms Act firearm

 

Would imply that if it's properly NFA stamped it's legal for rifles everywhere, or maybe not.

 

Either way only allowing them at firing ranges and shooting ranges for pistols is silly IMO, does the back 50 of my private property count as a firing or shooting range if I setup targets?  And worse if pistol silencers are only allowed at shooting ranges then only shooting ranges can own them because transport to and from the shooting range and possession outside the shooting range would maybe be illegal under that text all hanging on the intent clause interpretation.

 

I would love to see them legalized, but this law looks like a hot mess.

 

Why can't they just legalize them and add extra punishment if used while commiting or with the intent to commit a crime, why does Illinois have to make navigating gun laws like navigating the potholes on the State's highways?


Edited by Flynn, 09 October 2019 - 03:10 PM.

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#6 Rangerdeepv

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Posted 09 October 2019 - 04:08 PM

 

If I'm reading that correctly, are they proposing suppressors to be legal at firing ranges, and only firing ranges?

 

That is the way I read it at first, but the "or" in 

 

 

 

or possesses any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment is not possessed in compliance with the federal National Firearms Act firearm

 

Would imply that if it's properly NFA stamped it's legal for rifles everywhere, or maybe not.

 

Either way only allowing them at firing ranges and shooting ranges for pistols is silly IMO, does the back 50 of my private property count as a firing or shooting range if I setup targets?  And worse if pistol silencers are only allowed at shooting ranges then only shooting ranges can own them because transport to and from the shooting range and possession outside the shooting range would maybe be illegal under that text all hanging on the intent clause interpretation.

 

I would love to see them legalized, but this law looks like a hot mess.

 

Why can't they just legalize them and add extra punishment if used while commiting or with the intent to commit a crime, why does Illinois have to make navigating gun laws like navigating the potholes on the State's highways?

 

 

It keeps the lawyers employed..................



#7 Raw Power

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Posted 09 October 2019 - 04:36 PM

If this is true, it's going to get expensive...

 

$$$$

 

Fingers crossed.



#8 InterestedBystander

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Posted 09 October 2019 - 04:52 PM

I would love to see them legalized, but this law looks like a hot mess.


Similar bills submitted before in every session and could not even get to committee. We've lost ground on this bill the ladt few years. But, I would suggest caution when discussing the bill in detail publicly on board as there may be nuances in the bill that may make it not completely as it seems. A little surprised Skillicorn is submitting it now.

Edited by InterestedBystander, 09 October 2019 - 05:00 PM.

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#9 markthesignguy

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Posted 10 October 2019 - 12:37 AM

 

I would love to see them legalized, but this law looks like a hot mess.


Similar bills submitted before in every session and could not even get to committee. We've lost ground on this bill the ladt few years. But, I would suggest caution when discussing the bill in detail publicly on board as there may be nuances in the bill that may make it not completely as it seems. A little surprised Skillicorn is submitting it now.

 

Don't do the grabbers homework for them.  This WHOLE set of forums ARE regularly checked by the enemy.


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