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Everything posted by lockman
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Felonies unless expunged, pardoned or judicially overturned are forever. Depending on the reason for the background check, felonies may not appear after a certain time. But for guns the only ones that will not show are those removed as above or never got digitized from old paper, but they do exist and can be found if their source is known. ^ this ***
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^^^^^^ that is the way the FOID previously worked. As originally passed The FOID act only related to purchase it did not address possession unless you were a prohibited person. I think it was worded that way previously because they saw the constitutional issues involved in a ban on possession by otherwise lawful persons. But now they throw that concern out the window. ^ this ***
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Don’t let them rewrite history. The FOID may have been around for 50 years, but for most of that history it did not prohibit possession or ownership as long as you have the FOID or had one previously issued in your name. If your FOID expired in 1973 you can possess any lawful firearms and ammunition. You just could not buy any in Illinois until you get another FOID. The FOID was historically only the regulation of new purchases, anything possessed prior to expiration was legal to own, possess or use lawfully. ^ this ***
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Because it's working so well in Illinois. In spite of running a background check on lawful gunowners every night, Illinois is among the worst states for murder and non-negligent homicide. It's almost as if laws restraining legal ownership of firearms is ineffective against criminals... non-negligent homicide would include self-defense shootings. A homicide is death by the actions of another person. It denotes no moral or legal deference. hence, justifiable homicide or negligent homicide.
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Would you apply the same standard to the first amendment, the fourth or fifth amendment? A direct corollary would be a law making it illegal to participate in public speaking unless you have a permit from the government, conditioned on passing an identity background check and make sure you’re not in the prohibited database. ^ this ***
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Without the FOID criminals will have access to firearms. WAIT! Criminals had just as much access to guns under FOID. So that’s not it. Realistically there is no downside to striking the FOID! Background check still take place when you buy guns from the dealer. Murder is still murder armed robbery is still armed robbery. and state storm troopers don’t break down my door retrieving guns because I have an expired permission slip. Sounds like a win-win to me.
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By logical extension possession of handguns would be included as per Heller they are the ‘ quintessential ‘ tool of self-defense. Transport to and from the range, the gun shop, or repair shop would also be logically included by extension through Ezell. With the exception of the fee in order to exercise a constitutional right, upholding the circuit court judges decision would basically reset the FOID act back to the way it was when it was originally passed. ^ this ***
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Of course someone had to come along and muddy the waters here. That person is me. There is a legal distinction between ownership and possession. There are ways to own and not possess. There are also exemptions on possession for minors. Will an FFL be involved in this process absolutely not. Without a parent in your household with an FOID card, you have no options or exemptions. ^ this ***
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Appealing a REVOKED FOID
lockman replied to Novakj126's topic in Illinois FOID Application, Renewal & Appeal Process
Potential Catch 22 here, no doctor or clinician would construct an evaluation stating no risk. Sent from my iPad using Tapatalk -
Prohibited Carry Zones - 23 Categories
lockman replied to Molly B.'s topic in Illinois Right to Keep and Carry
Private owners can prohibit all they want. While not ILLEGAL to carry/store in your car a private lot owner can certainly prohibit carry/store in your car, and if discovered, refuse you entry to their lot. They cannot, however, have you arrested for carry/store in your car. They can, however, probably have you arrested for trespass if you refuse to leave. At least it is not enforceable without the power to search. Any owner of properties open to the general public that starts searching vehicles will suffer a significant backlash. Sent from my iPad using Tapatalk -
FOID and CCL data by county - current data and historical trends
lockman replied to Hap's topic in Illinois Politics
I know lots of people who only own rifles and shotguns for hunting and target shooting. Not all gun owners have handguns they want to carry. There are lots of handguns I would like to own and carry. One can dream. Sent from my iPad using Tapatalk -
Automatic Knives for FOID Holders Becomes Law!
lockman replied to omg_its_john_cena's topic in Illinois Politics
If traveling in Chicago carry the least expensive knife as the usual course of action is confiscation. This situation will provide interesting legal arguments into the future. Personally I feel advocating violating a municipal ordinance that does not violate any bodies rights and is furthering the spirit of liberty and self determination is the moral high ground. Just be prepared to to forfeit the knife and face the fractional possibility of a fine. I am sure a few around here will become dealers. If I buy 10 knives at wholesale, sell them at retail I am a dealer. No license I am aware of. Is there? Sent from my iPad using Tapatalk -
Automatic Knives for FOID Holders Becomes Law!
lockman replied to omg_its_john_cena's topic in Illinois Politics
Why is IC neutral? This falls squarely in the right to carry category. -
How do you get to the area to view who filed slips on the legislation?
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So you go in voluntarily for a check-up of your mental state and regardless of the determination you lose your rights. Your bat-poop crazy! Loss of rights. Your Just plain normal! Loss of rights. You are deemed to be the sanest person on earth! lose your rights. Definitely a deprivation suite in the works.
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Prohibited Carry Zones - 23 Categories
lockman replied to Molly B.'s topic in Illinois Right to Keep and Carry
The VA lot would be prohibited only if posted as such. -
Prohibited Carry Zones - 23 Categories
lockman replied to Molly B.'s topic in Illinois Right to Keep and Carry
430 ILCS 66/65(a)(23) should be stricken because you can still be prosecuted under federal law regardless of what the state decides to do. As for cemeteries and such, only if they're posted. -
Prohibited Carry Zones - 23 Categories
lockman replied to Molly B.'s topic in Illinois Right to Keep and Carry
Under federal law yes, understate law unless they post.