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ISP has filed the Emergency Rule to implement PICA


Upholder

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Items of immediate note when reading through the rule:

  • They are sticking to the requirement that you must have possessed anything you file an "Endorsement Affidavit" for prior to the law being signed.
  • The endorsement requires that you affirm, under penalty of perjury, that you are "filing an endorsement affidavit voluntarily" which doesn't seem possible as mandated by law is completely the opposite of voluntary.
  • If your FOID is revoked for any reason at all, you have a choice to make.  You can either transfer your items to someone else "consistent with the provisions of [PICA]" (eg, a FFL) and never get them back, or you can transfer them to the police.. and probably never get them back.  FOID Revocations can be challenged, but it seems that you would have to turn over your items to the police (and then likely sue them, at great expense) to have any possibility to have them returned.  This includes magazines and attachments in addition to weapons and ammo.
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On 9/18/2023 at 12:41 PM, bmyers said:

I have already made arrangements to have my 'registerable' items moved across the State line and stored for me. The only thing I haven't figured out yet, is how to get my wife moved across the State line so this would become a non-issue. 

Well you got the important things moved first! LOL

Just kidding. 🤣

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On 9/18/2023 at 12:13 PM, Upholder said:

Items of immediate note when reading through the rule:

  • They are sticking to the requirement that you must have possessed anything you file an "Endorsement Affidavit" for prior to the law being signed.
  • The endorsement requires that you affirm, under penalty of perjury, that you are "filing an endorsement affidavit voluntarily" which doesn't seem possible as mandated by law is completely the opposite of voluntary.
  • If your FOID is revoked for any reason at all, you have a choice to make.  You can either transfer your items to someone else "consistent with the provisions of [PICA]" (eg, a FFL) and never get them back, or you can transfer them to the police.. and probably never get them back.  FOID Revocations can be challenged, but it seems that you would have to turn over your items to the police (and then likely sue them, at great expense) to have any possibility to have them returned.  This includes magazines and attachments in addition to weapons and ammo.

 

voluntary ? - https://thelawdictionary.org/voluntary/

compulsion ? - https://thelawdictionary.org/compulsion/

Just play this in the background. Tomorrow is the start of the purge, no cash bail goes into effect.

 

 

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On 9/18/2023 at 12:41 PM, bmyers said:

I have already made arrangements to have my 'registerable' items moved across the State line and stored for me. The only thing I haven't figured out yet, is how to get my wife moved across the State line so this would become a non-issue. 

I'm taking my stuff to Florida when we go down for the winter. 

 

I refuse to obey this unconstitutional order.

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It’s very funny that their emergency rules clarify absolutely nothing and actually cause more confusion. The language around registration only mentions assault weapons, assault weapon attachments (which are distinct from high cap magazines), and the 50 cal items; but then they bizarrely mention high cap magazines when referencing out of state folks registering items after moving into Illinois.


The train wreck continues with this law.

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On 9/18/2023 at 12:13 PM, Upholder said:

Items of immediate note when reading through the rule:

  • They are sticking to the requirement that you must have possessed anything you file an "Endorsement Affidavit" for prior to the law being signed.
  • The endorsement requires that you affirm, under penalty of perjury, that you are "filing an endorsement affidavit voluntarily" which doesn't seem possible as mandated by law is completely the opposite of voluntary.
  • If your FOID is revoked for any reason at all, you have a choice to make.  You can either transfer your items to someone else "consistent with the provisions of [PICA]" (eg, a FFL) and never get them back, or you can transfer them to the police.. and probably never get them back.  FOID Revocations can be challenged, but it seems that you would have to turn over your items to the police (and then likely sue them, at great expense) to have any possibility to have them returned.  This includes magazines and attachments in addition to weapons and ammo.


 

They obviously see the law has a problem with the registration. This is how they intend to get around the 5th amendment issue regarding self incrimination.

 

The courts have ruled people can voluntarily give up that right. 

 

So voluntarily surrender your 5th amendment rights, then you can keep your banned guns and be compliant with the law.  If you don't voluntarily surrender your 5th amendment rights, then you can't keep your guns.   

 

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On 9/18/2023 at 7:31 PM, DoYouFeelLucky said:

I would encourage you to register every nut, bolt, washer, spring, etc.  Somewhere someone is going to be running a report of total registered items, and when that total hits the Prickster's desk you want him to be stunned.

 

I'm honestly more worried about the one that fell behind the workbench or goes to the jetski carburetor because Mikuni paints their carbs black. 

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On 9/18/2023 at 7:31 PM, DoYouFeelLucky said:

I would encourage you to register every nut, bolt, washer, spring, etc.  Somewhere someone is going to be running a report of total registered items, and when that total hits the Prickster's desk you want him to be stunned.

For a Remington 22 semi, do I need to register the trigger assembly as a whole or the individual components?
image.jpeg.d41ef92eab1560db9776b6d4ee3b6dc5.jpeg

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On 9/18/2023 at 5:51 PM, Dumak_from_arfcom said:


 

They obviously see the law has a problem with the registration. This is how they intend to get around the 5th amendment issue regarding self incrimination.

 

The courts have ruled people can voluntarily give up that right. 

 

So voluntarily surrender your 5th amendment rights, then you can keep your banned guns and be compliant with the law.  If you don't voluntarily surrender your 5th amendment rights, then you can't keep your guns.   

 

 

 

It's better to stick with banned guns and keep 5th amendment privilege. With all the legislative intent going, I don't trust the law.

 

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On 9/19/2023 at 12:56 PM, steveTA84 said:

Exempt people have to register personally owned weapons that are not part of their job? Interesting….

 

Someone correct me if I'm wrong. Wasn't the fact that there would be "exempts" used as a selling point when this was passed?

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On 9/19/2023 at 12:56 PM, steveTA84 said:

Exempt people have to register personally owned weapons that are not part of their job? Interesting….

The 14th would require that. 

If they don't have this as a requirement of their job, they have no additional rights not afforded anyone else. 

(but I'm not a lawyer) 

 

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On 9/19/2023 at 1:03 PM, springfield shooter said:

 

Someone correct me if I'm wrong. Wasn't the fact that there would be "exempts" used as a selling point when this was passed?

 

I'm almost laughing. 

 

I know a few individuals who believed they were completely exempt and supported the law because it wouldn't affect them.  

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On 9/19/2023 at 4:14 PM, Dumak_from_arfcom said:

 

I'm almost laughing. 

 

I know a few individuals who believed they were completely exempt and supported the law because it wouldn't affect them.  

 

I'm not going to lie, I'm less angry after reading that. We all suffer together or not at all with a strong preference for not at all.

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On 9/19/2023 at 4:20 PM, davel501 said:

 

I'm not going to lie, I'm less angry after reading that. We all suffer together or not at all with a strong preference for not at all.

 

I was going to inform them, but then I thought, why?   

 

I will be LOL'ing on Jan 1st 2024 when it becomes to late for them to register their pew pews and they are now felons.  

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