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Barnett v. Raoul (3:23-cv-00209) (S.D. Ill. 2023) - NSSF Gun/Mag Ban


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On 7/17/2023 at 2:48 PM, steveTA84 said:

ISP via internal memo is saying you also have to list/include your attachments/spare parts on the affidavit declaring what you have or it’s an unlawful use of weapons charge https://www.mom-at-arms.com/post/breaking-illinois-state-police-gun-ban-enforcement-memo-and-major-concerns

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@Tvandermyde

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On 7/17/2023 at 5:32 PM, davel501 said:

The spare parts ban is a key part of ban being unconstitutional. It is a ban on repairing weapons, even for normal wear items, so eventually everything will be banned.

And now we have the proof that the ISP is treating a hand guard or spare firing pin tucked away and forgotten in a toolbox the same as a complete “hold out” AR-15. 8th amendment anyone?…..

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Is it going to be a paper affidavit mailed in, or just a digital list typed in via the FOID site?

 

Because they have no clue how many individual parts and components gun owners collect.  That cheese wiz powered server the ISP/FOID site runs on is going to choke the minute someone tries to upload a mega-sized list.   

 

 

 

 

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I say do a hand written note certified mail, but make your oldest relative, or your youngest child write it, and send it certified. They can complain if they can't read it, but thats not your problem you sent the information... I'm not sending or clicking anything. But it would be a hoot, if everone that wants to register did it in Cursive.. :) on looseleaf.

Edited by DaveIL
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On 7/17/2023 at 7:22 PM, Dumak_from_arfcom said:

Because they have no clue how many individual parts and components gun owners collect.  That cheese wiz powered server the ISP/FOID site runs on is going to choke the minute someone tries to upload a mega-sized list.   

 

Can you imagine how long of a list an avid collector might have?  I could easily see a list reaching 10,000 itemized things like roll pins, springs and such that take hundreds of pages to properly and individually itemize...

 

Even many not-so-avid gun collectors/owners could have an extensive list, just having half a dozen mil-spec trigger packs for an AR-15 is about 100 components in itself, a single lower build kit is pushing about 30 components!  I could easily see a casual gun hobbyist having over 1000 items they would need to itemize or face legal jeopardy, especially after signing an affidavit!

Edited by Flynn
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On 7/17/2023 at 7:43 PM, Flynn said:

 

Can you imagine how long of a list an avid collector might have?  I could easily see a list reaching 10,000 itemized things like roll pins, springs and such that take hundreds of pages to properly and individually itemize...

 

Even many not-so-avid gun collectors/owners could have an extensive list, just having half a dozen mil-spec trigger packs for an AR-15 is about 100 components in itself, a single lower build kit is pushing about 30 components!  I could easily see a casual gun hobbyist having over 1000 items they would need to itemize or face legal jeopardy, especially after signing an affidavit!

 

1000 seems low and how much of it is the garage? Get to play is it a car part or is it a gun part.

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On 7/17/2023 at 8:23 PM, davel501 said:

1000 seems low and how much of it is the garage?

 

I did say "over 1000" 😉 I would guess many have a lot and I mean a lot more...

 

Quote

Get to play is it a car part or is it a gun part.

 

So very true, especially when you consider home-built firearms that have traditionally tweaked desings to use readily available hardware.  Take for example the ORCA-15, it uses plain Jane hose clamps, threaded brass/aluminum inserts and standard Allen head bolts, are all those common hardware items now assault rifle/weapon parts that need to be 'registered' to not face potential legal issues later?

orca_15.jpg

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On 7/17/2023 at 7:43 PM, Flynn said:

 

Can you imagine how long of a list an avid collector might have?  I could easily see a list reaching 10,000 itemized things like roll pins, springs and such that take hundreds of pages to properly and individually itemize...

 

Even many not-so-avid gun collectors/owners could have an extensive list, just having half a dozen mil-spec trigger packs for an AR-15 is about 100 components in itself, a single lower build kit is pushing about 30 components!  I could easily see a casual gun hobbyist having over 1000 items they would need to itemize or face legal jeopardy, especially after signing an affidavit!

 

Yep. They probably believe the average gun owner will list 3-5 things. 

 

It is going to be a glorious cluster &#(@

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On 7/17/2023 at 9:35 PM, davel501 said:

Definitely wondering if I will get rid of the box of failed ideas or register everything in it to stick it to them. 

 

If this goes into effect, I plan on moving everything I believe prohibited out of the state and I will not be 'registering' anything or signing any affidavits as I will no longer possess anything 'registerable'...  I fully believe those signed affirmations could be used against us at a future time by them saying "Oh look what we found, you lied and forgot this or that and now we have an affidavit signed by you committing perjury as well" and if nothing else, filling out that paperwork is voluntarily adding yourself to a state "gun registry" not a fan of that as who knows what they may use or do with that!

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On 7/17/2023 at 11:34 PM, Flynn said:

 

If this goes into effect, I plan on moving everything I believe prohibited out of the state and I will not be 'registering' anything or signing any affidavits as I will no longer possess anything 'registerable'...  I fully believe those signed affirmations could be used against us at a future time by them saying "Oh look what we found, you lied and forgot this or that and now we have an affidavit signed by you committing perjury as well" and if nothing else, filling out that paperwork is voluntarily adding yourself to a state "gun registry" not a fan of that as who knows what they may use or do with that!

My plan too, but good lord, am I “allowed” to even have CLP any more?  I’m not even sure what I would need to move at this point. I’ve used a torque wrench on a fire arms before, do I need to move that to another state too?

 

This is beyond absurd. 

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On 7/17/2023 at 11:34 PM, Flynn said:

 

If this goes into effect, I plan on moving everything I believe prohibited out of the state and I will not be 'registering' anything or signing any affidavits as I will no longer possess anything 'registerable'...  I fully believe those signed affirmations could be used against us at a future time by them saying "Oh look what we found, you lied and forgot this or that and now we have an affidavit signed by you committing perjury as well" and if nothing else, filling out that paperwork is voluntarily adding yourself to a state "gun registry" not a fan of that as who knows what they may use or do with that!

 

Remember when Lisa Madigan tried to release the FOID info to the media, and she said she had no choice but to release the information?

 

Will the affidavits of assault weapons and attachments be subjected to FOIA requests or was privacy written into PICA?  If it isn't I bet the media gets the database within a month or two and antigun groups will start harassing individuals on the list shortly after.   

 

 

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On 7/18/2023 at 11:20 AM, Dumak_from_arfcom said:

 

Remember when Lisa Madigan tried to release the FOID info to the media, and she said she had no choice but to release the information?

 

Will the affidavits of assault weapons and attachments be subjected to FOIA requests or was privacy written into PICA?  If it isn't I bet the media gets the database within a month or two and antigun groups will start harassing individuals on the list shortly after.   

 

 

Everytown will likely do this, and they recently did it with homebound FFL’s and mad a database that can be searched so the gun grabbing Karens can send complaints to LE to try and get them shut down 

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On 7/18/2023 at 11:42 AM, steveTA84 said:

Everytown will likely do this, and they recently did it with homebound FFL’s and mad a database that can be searched so the gun grabbing Karens can send complaints to LE to try and get them shut down 

 

Yep, I recently saw several Tweets on Twitter where the anti-gunners were promoting that list and telling you to find all the home-based FFLs in your area and once found telling you to basically harass them and shame them with all your neighbors and report them to the police for anything you can...

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On 7/18/2023 at 5:22 PM, Flynn said:

 

Yep, I recently saw several Tweets on Twitter where the anti-gunners were promoting that list and telling you to find all the home-based FFLs in your area and once found telling you to basically harass them and shame them with all your neighbors and report them to the police for anything you can...

 

Yeah. That'd work great where I live.

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On 7/17/2023 at 11:34 PM, Flynn said:

 

If this goes into effect, I plan on moving everything I believe prohibited out of the state and I will not be 'registering' anything or signing any affidavits as I will no longer possess anything 'registerable'...  I fully believe those signed affirmations could be used against us at a future time by them saying "Oh look what we found, you lied and forgot this or that and now we have an affidavit signed by you committing perjury as well" and if nothing else, filling out that paperwork is voluntarily adding yourself to a state "gun registry" not a fan of that as who knows what they may use or do with that!

They will likely close the "affidavit loophole" by tweaking the law to require you to sign an affidavit that you have none of those things.  Then they can trip you up if you get caught with something.

 

I wish that was purple, but this is Illinois.

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On 7/18/2023 at 10:56 PM, EdDinIL said:

They will likely close the "affidavit loophole" by tweaking the law to require you to sign an affidavit that you have none of those things.  Then they can trip you up if you get caught with something.

 

I wish that was purple, but this is Illinois.

What “things”?
In order to require such an affidavit they would need to provide an exhaustive list of everything they considered “those things”….

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