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Gun store says I need a hard case to pick up a gun.


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#31 Bitter Clinger

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Posted 22 June 2020 - 09:04 AM

 

I thought the whole "1000 foot from a school" rule was struck down as unconstitutional not too long ago.


It was. People v. Greene 2018. The 1000 foot was found facially unconstitutional.

 

 

Yeah, that's the one I was thinking of.

 

Although, it's disturbing that they say this:

"All statutes are presumed constitutional, and the party bringing a constitutional challenge bears the burden of rebutting that presumption."

 

That should never be the case since statutes never go through a constitutional review before being implemented.

Literally, any rule can be proposed and if it's signed by the governor, it becomes "law".  Nobody ever checks to see if it's constitutional.



#32 mauserme

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Posted 22 June 2020 - 10:00 AM

I think Greene was limited in application to the 1st District, no?

 

SCOTUS did find the Gun Free School Zone Act of 1990 an unconstitutional violation of the commerce clause in US v Lopez.  The act was subsequently amended to make it applicable only to firearms which have moved in interstate commerce.  As far as I know that's how it currently exists,



#33 rmart

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Posted 22 June 2020 - 04:43 PM

 

 

I thought the whole "1000 foot from a school" rule was struck down as unconstitutional not too long ago.


It was. People v. Greene 2018. The 1000 foot was found facially unconstitutional.

 

 

Yeah, that's the one I was thinking of.

 

Although, it's disturbing that they say this:

"All statutes are presumed constitutional, and the party bringing a constitutional challenge bears the burden of rebutting that presumption."

 

That should never be the case since statutes never go through a constitutional review before being implemented.

Literally, any rule can be proposed and if it's signed by the governor, it becomes "law".  Nobody ever checks to see if it's constitutional.

 

That's been a bone of contention of mine for a while. I always felt that any law that even smelled like it might encroach on Constitutional limits should be vetted and confirmed Constitutional BEFORE becoming law.

Either that or all such laws MUST have a sunset clause (5 years?) and must be re-voted on at the end of each sunset period. Similar to the 10-year sunset on the Brady bill.


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#34 carry

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Posted 22 June 2020 - 06:56 PM

I like exception #3 in the flyer linked by MauserMe :   

 

3. The firearm is possessed by an individual for use in a school-approved program;

 

 Can't you get a note from the school principal allowing you to purchase without a box?


Edited by carry, 22 June 2020 - 06:57 PM.


#35 defaultdotxbe

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Posted 22 June 2020 - 07:18 PM

I like exception #3 in the flyer linked by MauserMe :   

 

3. The firearm is possessed by an individual for use in a school-approved program;

 

 Can't you get a note from the school principal allowing you to purchase without a box?

What teacher's union would allow that?


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#36 Euler

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Posted 22 June 2020 - 08:35 PM

Federal law may allow school boards and school administrators to allow some people to carry guns in (or near) schools, but I recall ILCS divests them of that power.
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#37 borgranta

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Posted 22 June 2020 - 10:11 PM

 

ATF spells things out pretty well in their Gun Free School Zone Notice. The first column of the last page provides the answer under General Information.

Thanks.  The very end of that column states the store's adopted policy.

 

You have a friend you can borrow one from, or are they just trying to sell you a case?

No one close by.  I'm still trying to find one I can borrow.  Otherwise the store has them for under $20.

 

"Long story longer, RK has their policies and you have to abide by them if you want to do business there." 

In this day and age they seem to be one of the most gun-friendly stores still selling guns.  I'll give them my business, and hope they stay in business even if it costs me a few extra bucks.  But I don't like it.  I just hope things don't get any worse.

 

If you buy the case you can reuse it for future purchases as well as range trips.


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#38 NRApistol

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Posted 23 June 2020 - 10:46 AM

A few years ago I bought a 22 rifle from the Rural King in Charleston IL, across the street from the high school.  Not only did they require a hard case but they also required a lock (of course they were willing to sell me those). I went back home got a hard case and padlock and returned.  I was not allowed to touch the rifle, they removed the bolt, locked the rifle in the case, walked me to my vehicle, THEN handed me the bolt. I was carrying a loaded pistol the entire time.  Rural King NEVER again.


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#39 vezpa

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Posted 23 June 2020 - 11:50 AM

Sometimes you need to pick your hill to die on despite who is legally correct.  This isn't it.  I would find the funniest, most obscure type of hard-case I could when I went to pick this weapon up.

 

 

.


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#40 mauserme

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Posted 23 June 2020 - 12:30 PM

Federal law may allow school boards and school administrators to allow some people to carry guns in (or near) schools, but I recall ILCS divests them of that power.


There's still an exemption in UUW:

(3) Paragraphs (1), (1.5), and (2) of this subsection
( c ) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.



#41 NRApistol

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Posted 23 June 2020 - 01:05 PM

From the Gun Control Act of 1968
 

Generally, it is unlawful  for any individual to knowingly possess a firearm within a school zone. This prohibition does not apply to the possession of a firearm on private property not part of the school grounds such as an FFL's business premise (e.g., commercial storefront, residence, or driveway)

 

Source:  link

 

Rural King had a copy of this brochure on the counter and still required the hard case and lock.


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#42 MagSlap

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Posted 23 June 2020 - 02:47 PM

Sometimes you need to pick your hill to die on despite who is legally correct.  This isn't it.  I would find the funniest, most obscure type of hard-case I could when I went to pick this weapon up.

 

 

.

:yes1:

 

Might I suggest a plywood 40 inch coffin.

Screw in some home depot door hinges and a pad lock.

When you bring it in...ensure it, and you are caked with mud and dirt.

Give it to them over the counter and say...

"Last time I used this...Hmmm...I'm pretty sure the combo is.... "


Edited by MagSlap, 23 June 2020 - 02:48 PM.


#43 GeekDad

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Posted 23 June 2020 - 03:58 PM

I'm not surprised RK made you do this.They're *very* strict. I bought a stripped AR lower from the Plano store and they made me come in, fill out the 4473. Then wait three days, then come back in. They time and date stamped the form and stared at the clock until *EXACTLY* 72 hours had passed. Not one second sooner.

 

Angry!.gif


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#44 mab22

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Posted 23 June 2020 - 09:07 PM

(of course they were willing to sell me those).

Tells you everything rite there.

 


Void the FOID!

#45 max503

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Posted 25 June 2020 - 07:43 AM

Sometimes you need to pick your hill to die on despite who is legally correct.  This isn't it.  I would find the funniest, most obscure type of hard-case I could when I went to pick this weapon up.

 

 

.

I've got a guitar case, I could put a hasp and lock on it.  Maybe I could go in there in a pinstripe suit, fedora, and spats.  



#46 gunuser17

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Posted 25 June 2020 - 08:45 AM

Separation of powers is the reason why there is no constitutional review of statutes as they are passed.  Only the Courts have the power to determine the constitutionality of a law.  That power is not vested in the legislature or the executive branches as far as I can tell.  They simply take an oath to uphold the constitution.  And no jurisdiction vests in the Courts to review a law until there is an actual "case or controversy" - in other words someone has to dispute the constitutionality of the law in a court case over which the court has jurisdiction.  If you want a different system, probably both the Illinois and US Constitutions would have to be amended.



#47 MagSlap

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Posted 25 June 2020 - 09:10 AM

Well...this thread just prompted me to order up some replacement keys for an SKB hard case I have laying around...but never use...

I've had it for a while..keys gone...

Looked it up... 5 bux out the door for a pair of replacment keys....

Done and done...


Edited by MagSlap, 25 June 2020 - 09:12 AM.


#48 ragsbo

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Posted 25 June 2020 - 09:21 AM

I'm not surprised RK made you do this.They're *very* strict. I bought a stripped AR lower from the Plano store and they made me come in, fill out the 4473. Then wait three days, then come back in. They time and date stamped the form and stared at the clock until *EXACTLY* 72 hours had passed. Not one second sooner.

 

Angry!.gif

I had the same experience. I was 7 minutes early and had to wait. The worse thing was no one was around when I showed up but in that 7 minutes 2 folks showed up who got waited on before me. Then they had to carry the weapon to the front door, I could not touch it until we were outside, even tho she was an elderly lady and didn't need to be walking that far. Guess they don't want you to handle your property in the store= you might load it or something, but just a step out side the door is fine!  What really p***** me off what I had a Glock on my belt the whole time- both buying it and hauling it out.


Edited by ragsbo, 25 June 2020 - 09:22 AM.


#49 max503

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Posted 29 June 2020 - 12:16 PM

I'm not surprised RK made you do this.They're *very* strict. I bought a stripped AR lower from the Plano store and they made me come in, fill out the 4473. Then wait three days, then come back in. They time and date stamped the form and stared at the clock until *EXACTLY* 72 hours had passed. Not one second sooner.

 

Angry!.gif

Hate to tell you this, but it takes a lot longer than 72 hours for your approval to go through.  At least twice that has been the recent norm.






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