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Have Questions About the new Protect Illinois Communities Act?


mauserme

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On 1/13/2023 at 11:56 PM, rrichard said:

Thanks. That helps, but I’d like to see a list of names and votes cast. I’ve seen that for other bills in the past, but can’t find the list for this one.

If I did this correctly (been around a few years but haven't posted hardly at all), the attached pdf files below are the final vote tallies for the House & Senate on HB5471 from the ilga.gov website. I check this stuff fairly often to see how my Rep & Senator vote on issues. It doesn't show party so you will have to look up the individual people on the ilga.gov site to find that info if you want to dig that deep. These can be harder to find once the legislative session rolls on to a new one.

10200HB5471_01092023_010000T.pdf 10200HB5471sam005_01102023_004002C.pdf

Edited by Emeribd
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Thanks for posting those.

 

Just one point of clarification.  Senate Amendment 3 is the heart of the law, so the House Concurrence vote on SA3 is probably the one that says the most but I'd be surprised if they really differed in any meaningful way (I didn't do a vote by vote comparison).  Senate Amendments 4 & 5 cleaned up up some references to other statute.

 

The one affirmative vote by a person calling himself a Republican was former Representative Jim Durkin.  He was replaced as Minority Leader shortly before that vote and resigned from the House shorty after.

 

 

10200HB5471sam003_01102023_004000C.pdf

 

 

 

 

 

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  • 8 months later...
On 1/14/2023 at 11:13 AM, bigdudez25 said:

So are u allowed to still sell your AR or AK rifles to an FFL dealer? Or is that not allowed either? I've had several people reach out and ask me...

 

I believe they cannot be sold or transferred in Illinois. They can, at this time, be sold out of State. FFL's can still sell/transfer Assault Weapons to another out of State FFL.

 

VooDoo

 

Edited by Vodoun da Vinci
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On 9/24/2023 at 12:27 PM, Vodoun da Vinci said:

 

I believe they cannot be sold or transferred in Illinois. They can, at this time, be sold out of State. FFL's can still sell/transfer Assault Weapons to another out of State FFL.

 

VooDoo

 

Private sale in a bording state with no checks at all. 

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On 9/24/2023 at 4:15 PM, Euler said:


Private sales across state lines without checks (i.e., FFLs) are federally prohibited. But, of course, if you ignore laws, then there are no restrictions anywhere.

I bought in adjoining states from a FFL directly. 

Values on 10+ year old firearms are starting to spike. 

Edited by SiliconSorcerer
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On September 24, 2023 at 12:48 PM, SiliconSorcerer said:
Private sale in a bording state with no checks at all.

On 9/24/2023 at 4:15 PM, Euler said:
Private sales across state lines without checks (i.e., FFLs) are federally prohibited. But, of course, if you ignore laws, then there are no restrictions anywhere.

On September 25, 2023 at 10:40 AM, SiliconSorcerer said:
I bought in adjoining states from a FFL directly.
...

Buying directly from an FFL is neither a private sale nor, since it necessarily involves an FFL, one without a check.
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On 9/25/2023 at 4:05 PM, Euler said:

 

 


Buying directly from an FFL is neither a private sale nor, since it necessarily involves an FFL, one without a check.

 

 

 

Exactly. I have bought and sold numerous firearms over the years across the river in Iowa from FFL's. But they are transferred to Illinois and there is a background check and paperwork. It ain't private and it is not without documentation of what firearm went where and to whom it went. For me, not registering these firearms (as one was a Sig PCC Carbine) and thinking no one knows I have it is just plain stupid.

 

I'm not doing a Felony on Stupid. I'm either registering or culling the herd by selling it in Iowa before Registration.

 

VooDoo  

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The discussion of what is legal for selling a firearm appears to be getting a bit muddled. The most recent question was about how to sell a newly-prohibited rifle.

The answer: A rifle can be transferred privately out-of-state, but it must go through an FFL in that state (i.e., there is a check).

Not the answer, but possibly of interest: Rifles can be bought/transferred directly (i.e., no shipping to an in-state FFL) from an out-of-state FFL. (There's still a check.)

The problem with selling a firearm out-of-state is that most out-of-state FFLs (in any state) won't transfer a firearm directly from a private seller (not from their state) as a matter of policy. My suspicion is because stolen firearm databases are maintained by state police bureaus who don't share their information across state lines. That makes it hard(er) for an FFL to determine if an out-of-state firearm is stolen, and they don't want to risk transferring a stolen firearm.

Out-of-state FFLs will happily transfer a firearm that they got from another FFL, because the originating FFL would have checked if it was stolen before it was shipped.

So additionally the answer: To sell a rifle out-of-state, you may have to get an in-state FFL to ship it.

Unfortunately the problem with getting an in-state FFL to ship a firearm is that the FFL may decide that the firearm is prohibited even to ship out-of-state. (I've heard stories.) Choose your FFL wisely.
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  • 2 weeks later...
On 10/10/2023 at 5:04 PM, Molly B. said:

ISP releases "Assault Weapon Identification Guide" - As listed or described in Illinois Compiled Statutes 720 ILCS 5/24-1.9.  Includes flowchart of firearms banned by feature.

PICA Identification Guide_V3_10062023_locked copy.pdf 9 MB · 13 downloads

That looks more like my wish list for Christmas.  

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On 10/10/2023 at 8:45 PM, cnwfan3 said:

Interesting that they call out a semi-auto rifle with a flash suppressor (they don't say a threaded barrel).  But any semi-auto pistol with a threaded barrel is an assault weapon.

 

Why is a rifle with a threaded barrel ok (as long as it doesn't have a flash suppressor) but not a pistol?

Likely because they are more concerned with being able to add a can to a pistol than the flash suppressor? 🤷🏻‍♂️🤷🏻‍♂️

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On 10/10/2023 at 9:27 PM, Dumak_from_arfcom said:

Not surprised this was released the day before the vagueness issue was to be argued in court. 

 

The flowchart is cute, but does not address the gotcha's with magazines or parts, or the "could be readily converted to" language. How many people can afford to retain a lawyer for advisement on a Constitutional right none the less, given that the lists can be changed at any time by Pritzker or the ISP?

Edited by RECarry
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On 10/11/2023 at 7:15 AM, RECarry said:

 

The flowchart is cute, but does not address the gotcha's with magazines or parts, or the "could be readily converted to" language. How many people can afford to retain a lawyer for advisement on a Constitutional right none the less, given that the lists can be changed at any time by Pritzker or the ISP?

 

Excellent points for the 2A side counsel to bring up at trial.

Edited by springfield shooter
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  • 1 month later...

Called the ISP this morning 3X trying to get to someone who would/could explain to me about exactly which attachments and parts needed disclosure Affidavits. All they did was dump me into an automated system that had nothing to do with it. I asked the person answering the phone who I could speak to about the Registration and he had no idea what I was talking about. Gonna call my State Rep this afternoon.

 

VooDoo

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House Sponsor Representative Bob Morgan's office, he was aware of PICA but knew very little about the disclosure affidavit. Referred me to my State Representative. Called them and the lady (who was very nice on the phone) had no clue about PICA or anything to do with enforcement or Registration. he's gonna try and find me some resources that can explain it.

 

I think it's a dead end road but I'm trying. Seems that virtually everyone I'm looking for help from either has little or no knowledge that *any* of this is going on in Illinois.

 

We are screwed if we do and screwed if we don't it seems.

 

VooDoo

 

 

 

 

 

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