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guzzimike66

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Posts posted by guzzimike66

  1. On 1/12/2023 at 6:57 PM, techgeek said:

    Fightlite SCR is billed as 50 state legal isn't it?  That marketing was pre IL foolishness of course.  Does it pass the test under this stupidity? 

    I've been curious about that myself. If you have the pistol version it's now evil. But what if you convert the pistol to rifle config without a threaded barrel? Is it now a happy, friendly hunting rifle?

  2. On 1/11/2023 at 9:40 PM, sailor said:

     

    This is absolutely true of an Illinois resident who is merely traveling out of Illinois, not to another domicile.

     

    However, under federal law regulating firearms purchases, one can be a resident of multiple states at different times throughout the year. See the ATF page https://www.atf.gov/firearms/qa/may-person-who-resides-one-state-and-owns-property-another-state-purchase-firearm-either and the Code of Federal Regulations 478.11 at https://www.law.cornell.edu/cfr/text/27/478.11

     

    Those regulations define what "state of residence" means for the purpose of firearms transfers under federal law. The relevant section that defines "State of residence" states:

     

    A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

     

    Beyond that, of course, are the laws of your second residence state and what it requires for firearms sales.

     

    Finally there's the Illinois FOID act and its bordering states language -- but that is operable in a state outside of Illinois due to CFR 478.96(c) regarding sales to "a nonlicensed resident of a State other than the State in which the licensee's place of business is located if" ... "The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States." -- however, as already established, a person under federal law can be a resident in the state where they have a summer/weekend home for the purpose of the federal laws regulating firearms transfers, and therefore would not be a "resident of a State other than the State in which the licensee's place of business is located" for that transaction and that section of federal law would not even apply.

     

    I own a second home in another state, where I grew up, pay property taxes, and do not rent the property out. I've never tested the federal law regarding multiple state residency and firearms, but with this development in Illinois I'm definitely going to learn more about it.

     

    As I wrote before, fun.

    That's interesting. I didn't know you could be a multi state resident.

  3. On 1/11/2023 at 2:19 PM, sailor said:

     

    There is an exception:

     

    Except as provided in subsection (e) and beginning on
    January 1, 2024, any person who moves into this State in
    possession of an assault weapon, assault weapon attachment,
    .50 caliber rifle, or .50 caliber cartridge shall, within 60
    days, apply for a Firearm Owners Identification Card and
    complete an endorsement application as outlined in subsection

    (d).

     

    There is near identical language for "large capacity ammunition feeding device(s)."

     

    Note the language. It states "moves into." Is "moves into" defined in Illinois law?

     

    What about those who are multi-state residents, owning property in free states? When they return to Illinois, potentially having legally purchased a firearm at their summer home in Wisconsin or Michigan or Arizona (or their winter home in Florida or Colorado), have they "moved into" Illinois and can they bring their legally owned yet banned AWB and magazines and endorse them?

     

    Fun.

    An Illinois resident who purchased a firearm in a state other than their legal residence would not be able to take possession of it there. It has to be shipped to an Illinois FFL. I *think* the exception to that is a long gun purchased in a state that shares a border with Illinois, but a pistol definitely has to go back to a FFL in your home state.

  4. On 1/10/2023 at 10:41 AM, AKS-74U said:

    I got a response from Greg Cote.

     

    "Hi, I have read that it might be signed into law today or tomorrow. I am not comfortable shipping when it can't get there in time. Really sorry but we are trying to prevent any legal issues."

     

     

    From a business POV I don't blame the guy. However... in my mind if they could process the transaction and get it on the way before signing I don't see how it would be any different to Harmon saying that if a 4473 is in process for a banned rifle/pistol it can proceed.

  5. On 1/9/2023 at 7:54 PM, South Side 27 said:

    As far as new magazines. No way to prove when they were acquired or serial numbers. What would stop someone from driving to WI or IN to  a retailer and buying them in person? Will they be checking ID to make sure you are not an IL resident?

    Brick & mortar retailers in other states don't care. They'll sell you as many as you want.

  6. On 1/9/2023 at 9:17 AM, Jeffrey said:

    I was in a LGS over the weekend for a couple hours of range time along with a tire kicking session.  Bossy lady was with so nothing fun to be bought.  I never heard a single individual discuss what is currently going on until a brief convo I made with a random dude.  Even he didn't seem interested.  I did hear the RSO complain to the group of kids next to me how they just bought the Glock he wanted and how p***** he was that it wasn't his.  He still made time to put a mag downrange assuming while still working as the RSO.  Unless you're an ISRA member who actually reads the emails or you visit here, chances are great that everyone else has zero clue as to what is currently happening.  Why don't more gun stores get involved?

    It's frightening how many people are unaware of the minutia of the bill. Some poor soul who doesn't follow the politics with a CCL and a 17 round mag + spare will get pulled over for speeding or something else, as a courtesy let the LEO know they are carrying, and for one reason or another the LEO will learn they are in violation and the preson will be charged and fined. 

  7. On 1/8/2023 at 8:53 PM, DaveIL said:

    dont be mad if I post this in the wrong area but whats up with this? Or is this addressed elsewhere?

    https://www.gunssavelife.com/new-bill-hb5471-gun-mag-50-bmg-ban-end-to-private-transfers-now-included/

    I imagine it's a case of "we'll not require you to give us serial #s for those evil assault weapons but in exchange you have to agree to no more private transfers 6 months sooner" to make it more palatable.

  8. On 7/4/2022 at 1:34 PM, SiliconSorcerer said:

    Or they just put it on the other side. 

    I just don't get it and AR has lots of space on it.  Unless there's a it's got to be right here and there is one already. 

     

     

    In this section of HB4383 (https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=102-0889) it says "undetectable firearms", aka polymer type, have to have serial on a steel plaque (P80 frame in pic below, lower right). Pistol P80s & the like have one embedded in the dust cover but it's not very big. SIG P320 fcu (yes there are 80% SIGs too) available area is even smaller although the whole fcu is steel. If one has already serialized their 80 frame/receiver there's no room for more. If it's a metal gun like 1911 or AR series there's room to put wherever desired but what happens when a firearm now has 2 serial #s? If an individual obliterated an existing self applied serial to then apply one conforming to state/fed "ghost gun" requirements does that not open a huge can of worms?

    CA-AB-857-Engraving.jpg

     

     (f) Unserialized unfinished frames or receivers and
    unserialized firearms serialized pursuant to this Section
    shall be serialized in compliance with all of the following:
     

            (1) An unserialized unfinished frame or receiver and
        unserialized firearm shall be serialized by a federally
        licensed firearms dealer or other federal licensee
        authorized to provide marking services with the licensee's
        abbreviated federal firearms license number as a prefix
        (which is the first 3 and last 5 digits) followed by a
        hyphen, and then followed by a number as a suffix, such as
        12345678-(number). The serial number or numbers must be
        placed in a manner that accords with the requirements
        under federal law for affixing serial numbers to firearms,
        including the requirements that the serial number or
        numbers be at the minimum size and depth, and not
        susceptible to being readily obliterated, altered, or
        removed, and the licensee must retain records that accord
        with the requirements under federal law in the case of the
        sale of a firearm. The imprinting of any serial number
        upon a undetectable firearm must be done on a steel plaque
        in compliance with 18 U.S.C. 922(p).

     

    I skimmed through 18 U.S.C. 922(p) (https://www.law.cornell.edu/uscode/text/18/922) and could find no reference to marking on a steel plaque whatsoever, though it's possible I missed it. There is a section talking about a "Security Exemplar" made of 17-4 stainless that is used for calibrating detectors, and 2 references to the word "serial" ("has had the importer’s or manufacturer’s serial number removed, obliterated, or altered...").  27 CFR 478.92 addresses marking requirements re:size, depth, etc. but also doesn't address the metal plate thing for "undetectable" firearms. Is the metal plate thing an ATF ruling?


    I wonder that if a serial is already there that the HB4383 marking doesn't come into play. Searching the text of the law the words "unfinished frame" is used 18 times while the word "finished" is only used once in this section with regards to logging in the firearm. I can see how it could be interpreted that as long as the gun is marked per ATF you are good to go, but I'm not a lawyer and this is just my interpretation. 


           (3) Every federally licensed firearms dealer or other
        federal licensee that engraves, casts, stamps, or
        otherwise conspicuously and permanently places a unique
        serial number pursuant to this Section shall record it at
        the time of every transaction involving the transfer of a
        firearm, rifle, shotgun, finished frame or receiver, or
        unfinished frame or receiver that has been so marked in
        compliance with the federal guidelines set forth in 27 CFR
        478.124.

     

    These are my mental rambling and interpretations so don't take anything as a guide for what you might do.

  9. On 6/28/2022 at 12:14 PM, spiderk said:

    Say you bought an 80% at some point before this law passed, and also serialized it yourself in that time obviously being unable to conform to their format requirements since it didn't exist yet. How could they argue against that in court? 

    That's been my question all along at both the state and federal level. If I bought a P80 frame 5 years ago - no clue how long they've actually been available - and serialized it for my own purposes what is one supposed to do now? What is an FFL supposed to do if it comes into their shop? Destroy it?

  10. On 6/23/2022 at 8:36 PM, THE KING said:

    You are completely wrong about this.  You need to read HB4383 which was signed into law on 5/18/22.

     

    As of that date it is illegal to offer for sale or sell an unserialized receiver. Doesn't matter whether it's an 80% or finished receiver.

     

    The penalty is a class 4 felony.  

    You're assuming all 80 holders know the Illinois law -  based on what I''ve seen on FB groups a surprising number don't - and won't violate it. If there is no serial there's no paper trail, and what stops someone moving all their unfinished 80s to a free state and selling them from there? If I have a cottage in Wisconsin and sell 80s from there is that a violation of Illinois law? What if I had 80s shipped there to begin with even though I'm an Illinois resident and then sold off whatever I didn't complete? Not trying to challenge anyone but the reality is that the PMF serialization BS at both the state & Fed level won't do a darn thing. What if you lived in Wisconsin, built an 80 there and for whatever reason serialized it for your own purposes and then moved to Illinois in the fall. Is the now Illinois resident supposed to take it and get reserialized? If so, on things like the P80 Glock clones there is only so much room on the marking plate that can't be removed without destroying the frame. California has it's own 80 marking requirements that don't align with what Illinois requires... is that 80 build in violation? And on and on....

  11. On 6/14/2022 at 8:12 AM, SiliconSorcerer said:

    The simple answer to that is yes. 

    I suspect Illinois is going to significantly increase the number of potential criminals (if they could find them) in the state. 

    I'm not sure how many FFL's are going to line up to do this as well, can they force them? I think not existing and then maybe lawsuits.  IDK not a ffl since Jimmy screwed us. 

    The irony though is that person to person transactions still don't have to go through FFL til 2023 or 2024 (I forget which). So my unserialized 80, finished or not, could be sold to someone else with a simple FOID check and other than that no one is the wiser. Conceivably an unserialized yet complete lower could go through multiple hands before it ever sees a FFL.

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