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Tvandermyde

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  1. If they don't have a algorythm filtering out phone manuf and models and such I say lie your asp off they have not answered any of my questions yet BlasTech Industries E-11 blaster rifle Serial# FJB001
  2. Everyone wants the FOID to go away. But what most fail to understand is the best way to see that happen is to build a strong foundation of a legal basis. We have seen the Illinois Supreme court at times do everything they can to avoid a constitutional question around 2A issues when they can. Several previous cases failed becuase courts inserted their own judgement and applied the wrong test, The court has clarified that and given them guidance on how to apply a test. yet there were all kinds of lawyers who just ran to court screaming Heller and Second Amendment and lost cases and for the last 10 years set bad precident.. Now all those are gone and we get to start over. There are several of us looking at how to approach the issue, but it takes time money and smart lawyers. Right now the Anti-gunners have Saul Cornell working overtime trying to find every 1791 regulation they can to try and put a cork in the dike that is leaking to try and preserve as much as they can. Hense part of the reason I asked Valinda to pull all the amici briefs. We get a new standard of review we will have one chance to make a first impression about it. And we better get our arguments right, in front of the right court with the best fact pattern we can. I want the FOID card gone more than anyone. But there are a lot of other things I want to see gone as well. And in my book, we need to do this right not sloppy
  3. The idea of individuals being able to fight back against a tyrannical government is not that far fetched at all. The founders feared a standing army and sought to have civilian control over it. They had just gotten done fighting the world's superpower. and in a fledgling country were very skeptical of concentrated power. Hence we have 3 branches of government with a bi-camel legislature. Its not ill conceived that a standing army that decides to take over like some ghunta in a banana republic -- becomes the government. Or that a government who had other motives would turn that standing army against the people. Its not complicated or difficult to comprehend. Not to mention all their fears of centralized government.
  4. I asked Valinda to do this as we look to applying this ruling to Illinois.
  5. G-PAC says Illinois is fine and nothing will change, me thinks they read a different opinion than I did
  6. a bunch of courts ignored Heller and this was a rebuke to them. they do so at their own peril this time
  7. here is my take on New York setting a standard of review by which gun laws should be judged. It's on my youtube channel freedom's Steel
  8. The lawyers will do their thing and I have a hand in the issues pushed, but they know how to craft it todd
  9. well hopefully the points I have been sending along have sunk in
  10. Will HB4383 Ban the Sig P320? Under HB-4383 it defines frame or receiver as: "Frame or receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. For models of firearms in which multiple parts provide such housing or structure, the part or parts that the Director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has determined are a frame or receiver constitute the frame or receiver. For purposes of this definition, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.” The Sig P320 is a type of firearm that uses a self contained fire control group. It is then housed in a polymer grip assembly. Unlike other semi-automatic handguns the fire control components are not individually mounted or fixed into the frame. Instead the fire control group is a self contained unit that is designed to be moved from one grip assembly to another if the owner wishes to change the size or style of the pistol. Changing it from a full size frame for target shooting to a sub-compact frame for concealed carry, without the need to purchase a second firearm. The fire control group is serialized and the regulated component of the firearm. There is a window, cut out in the right side of the grip that allows the serial number to show through. Under HB-4383 a frame is defined as: “means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components” So the grip assembly for a P320 is: “visible from the exterior” and “provides housing or a structure designed to hold or integrate one or more fire control components” Therefore under the definition of the bill the grip assembly for the P320 IS a frame and requires a serial number. But there is no place with a “steel” plate in order to put a serial number in compliance with the bill’s requirements. HB-4383 raises significant questions about firearms like the P320: · Are Sig P320s legal for sale in Illinois? · Are spare grip assemblies legal for sale in Illinois since the meet the definition of frame, yet do not have a serial number? · How are owners with grip assemblies like the P320 suppose to comply with this should it become law?
  11. My take on Hb-4383 SA1 The definition of frame or receiver is significantly altered and expanded to cover things that are not currently considered firearms. "Frame or receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. For models of firearms in which multiple parts provide such housing or structure, the part or parts that the Director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has determined are a frame or receiver constitute the frame or receiver. For purposes of this definition, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. Many types of firearms utilize a two piece design. Federal law defines a receiver as being a singular component housing all of the components mentioned. Under Illinois NEW definition of a receiver, a great deal of confusion is going to be created. On an AR-15 style firearm, the serialized component is the lower receiver, having both a lower and upper receiver. The lower holds the fire control group to include the hammer and trigger set. The upper holds the bolt and bolt carrier. The upper receiver, now fits the definition of a “frame or receiver” • Will AR-15 style firearms, now require a serial number on the upper receiver? • Will AR-15 style upper receivers be treated as firearms and require a background/FTIP check? • Be required to be kept in the licensees State version of the acquisitions and dispositions list required under the firearm dealers certification? • Will AR-15 style upper receivers require a FOID card? • If AR-15 style receivers require a serial number, how will that be applied? Will it be under the new serialization guidelines in the bill? • Will it be to match the serial number of the lower if a commercially manufactured firearm? "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that: (1) has reached a stage in manufacture where it may readily be completed, assembled, or converted to be a firearm” • No definition of “may readily be completed” is included. Is this 10 minutes of work? An hour with hand tools? 4 hours with a machine shop? All of this make a significant difference. • The definition of unfinished frame or receiver includes “extrusion” how do you propose to regulate things like tubing? How do you tell the difference between a piece of 1.5” tubing for handrails and 1.5” tubing for a Sterling L2A3? • How do you tell the difference between a piece of 3/8” plate steel for an engine mount and 3/8” plate steel for a 1919 side plate? • How do you tell the difference between a piece of 16 gauge sheet steel at Menards and if it is going to be used for a home project or an AK or MAC-10? Markings: • Many gun owners who have built their own firearms have had them marked so they could be identified if stolen. How do they comply with the marking requirements? You will now have multiple markings on the same firearm. • The FFL marking required are a combination of the abbreviated FFL number, 8 digits, and another numerical identifier. Many of these custom built guns do not have enough space for the required marking in the required manner. How do they comply? • “The imprinting of any serial number must be done on a steel plaque in compliance with 18 U.S.C. 922(p).” The bill calls for imprinting on a “STEEL” plaque. What if it is an aluminum framed gun? All AR-15s are generally made out of aluminum not steel. Are they in compliance as the bill calls for steel? Exceptions: • “has been rendered permanently inoperable” the very nature of an unfinished frame makes it inoperable if left in its unaltered state. • When does a piece of tubing cease being a piece of tubing and a firearm component? Unfinished it is nothing. • The exception only applies to suppliers of manufactures a great many people own various forgings and castings of firearm frame for things such as paperweights. Are they now in violation of the law? • The bill makes an exemption for those firearm made prior to the 1968 requirement of a serial number. So it can not be that important of an issue as all these hundreds of thousands of unserialized guns are being allowed to remain in circulation, the contrary of the intent of the law. This would seem to be an equal protection claim as well as dispersive penalties under the law. Penalties: • A person who owns a home built firearm and fails to have it serialized in accordance with the bill faces a class A first offense and Class 3 second offense. Even if that person has a FOID Card or CHL. • The penalty is the same if a lawful person obtained and built the firearm as if a prohibited person built and possessed the firearm. • How are people with previously marked firearms, that can not comply, suppose to comply with this? They can’t mark the gun as prescribed by law. • There is no provision for inheritance. FOID Implications: Since the definition of a frame or receiver is being altered/created under this new section of the criminal code, will you need a FOID card in order to posses one under the new definition? Current law requires a FOID card to possess firearms or ammunition. It hasn’t been repealed. How many cases of prohibited persons acquiring/building “ghost guns” have been prosecuted for: o Being felon in possession? o Prohibited person in possession? o Possession without a FOID card? o Transfer without waiting period? o Transfer without record keeping? o Transfer without background check? How many have been prosecuted under Federal law for the illegal transfer of these firearms? All of the criminal penalties exist to deal with those who can’t possess a firearm who possess one of these -- a firearm is a firearm regardless if it is of commercial manufacture or home built. Fees: While the bill requires the serialization to be done by an FFL, there is an issue of cost. The bill does not outline any fees nor cap them. Either one leading to a host of problems of an artificially low fee of less than the cost of time and effort by the FFL or leading to a new additional tax on a firearms. A quick check of FFLs indicates some may charge $35-50 for the service. So after paying all the sales taxes on components, gun owners will now face the requirement and burden of having to find a willing FFL to mark the frame and pay the fee/tax and wait the time to have it completed in order to keep their currently legal firearm which they possess. Possession by Non-residents: This bill is an outlier with about half a dozen states implementing something about this subject. What happens to an individual from another state that possesses one of these firearms if they come into contact with law enforcement? • Are they in violation of the law for not having a serial number despite their home state not requiring it? • If a person from another state is legally carrying that firearm and comes into contact with law enforcement then what?
  12. While I don't have anything definitive I have heard rumblings of a ghost gun bill. I would suspect that with 3 gun bills sitting in the Senate exec committee they would likely amend/gut replace one of those to get their new pet project going so I think that will be the place to watch for the next few days. just my guy feeling.
  13. I listened to the hearing and was underwhelmed once again. The biggest elephant in the room went unanswered. After seeing FOID cards take 6-9 months at times, that they suspended expiration dates during covid and now the mere FTIP check on a purchase extends the renewal were not even discussed. all perfect pushbacks to the states deminimus argument about how unintrusive the FOID is. I'll stop there as there were so many opportunities missed
  14. Many here know of my criticism of ISRA and my disagreements with them on legislative and policy issues. It appears their lobbying has caused Cook County considerable problems with their carry ban bill and it may not get called at all this session. If so, we will have New York decided, hopefully in our favor, by the time Veto rolls around. They deserve credit for this. Good news but stay vigilant
  15. Back in October we won the GSL case on Crook County ammo tax. Unknown to most of us non-lawyers, there is this 23 day thing where the decision isn’t final till it goes through some process and is kicked back to the lower courts and this takes about 23 days. In that time the decision I guess isn’t “final”. The Court left open a small window on how the tax money could be spent which lead to the special concurring opinion from Justice Michael Burke -- “Moreover, even if the statutes mentioned by the County did intend to specifically preserve for home rule units the power to tax handguns in the manner under consideration here, that would not show that the framers of our constitution intended to authorize a home[1]rule unit’s discriminatory taxation of firearms, where the text of that constitution clearly prohibits taxation that infringes on the right to keep and bear arms. Again, I believe that the majority’s analysis wrongly leaves the door open for a municipality to enact a future tax on firearms or ammunition that is more narrowly tailored to the purpose of ameliorating the cost of gun violence. The only problem with that approach is that it would still violate the Illinois Constitution.” After Crook County reimposed the tax in attempting to thread the needle that the Court eluded to, we filed a petition for rehearing. Earlier this month, the Court noticed that a decision on that could be coming down today. 7 cases on petitions for rehearing were listed on that notice. This morning, the order came out with 6 of the 7 cases denied. Ours was not one of them. But they have not decided the GSL case as of yet. So more waiting. The fact that they did not deny it lends a bit of hope that we get a second bite at the apple.
  16. It looks as though several of my FB posts about this has stirred some ire with ISRA's lobbyist. And since I have been the one poking the bear, I'm now the fault of everything for their actions when I, Valinda and NRA all testified against it. Guess I'm gonna have to dig up some old emails and memos. . .
  17. Valinda thanks for the kind words. It is true Sullivan is trying to blame me which makes no sense as I/the FFLs were the ones screaming the loudest about expired FOID cards and trying to process gun sales. This appears to be another damage control move on their part knowing that this is going to slap every gun owner in the face in the next 18-24 months and then as an ISRA representative try to say I have no clue about what I'm talking about. I will leave it to the people here to decided who to believe and trust on these issues. After all, one group was Neutral and I testified against it. . .
  18. We didn't have Heller and McDonald. You're all living in a post Heller world when Mortong Grove's handgun ban was found to be constitutional
  19. A motion to appeal was filed on 11/20/18. An extension was requested on 1/23/19 Another extention was requested on 3/12/19 with the court saying this is the final extension briefs due on 4/26 Then there will be the reply brief from the defandant and then, there will be a reply from the state to which they will dawdel and most likely ask for an extension. So may not get before the Court till October. Right about the time New York is being heard. So depending, we could go up after New York. And have the benefit of those orals. and depending on how long delayed, could even see a ruling in the interum. this may toss a monkey wrench into some of those things going on at the capitol.
  20. Firearms Technical Group d/b/a Spartan Suppressors 210 Commercial Drive Unit B Yorkville, IL 60560 The wait starts when you buy/order your gun
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