Thursday, March 8, 2018

ISRA Executive Directors Message

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SPECIAL EDITION: ISRA Thursday Bulletin - March 8, 2018

Executive Directors Message


As all of you know, Dick’s Sporting Goods and Walmart have decided not to sell Modern Sporting Rifles (MSR).  Once again, we have witnessed jelly-spined big box stores run from a fight.  If they can’t sell a MSR I don’t see why I should buy anything else from them.  How about you?

One of the most dangerous bills I have ever read, HB1664, has been passed by Illinois House of Representatives and is in the Illinois Senate.  I have dubbed HB1664 the ‘Snitch Act’.  The bill establishes a dangerous person’s hotline with which anyone can turn in another person they think is dangerous.  The Illinois State Police are then supposed take a person’s FOID card and firearms, shades of the KGB and Gestapo.  Heinrich Himmler is gone, but Vladimir Putin is still with us.  The Russians are really good at this type of clandestine operation.  Who knows, we might see Vladimir Putin picking up a few extra bucks moonlighting for the State of Illinois.  

Like many recent anti-gun bills, HB1664 started out as a Shell Bill; when you look up HB1664 the title is Safety Tech.  You will have to click on Full Text to read the bill.  There you will see Amendment 001.   That Amendment is really the bill but the title will not change.  Many of us have trouble understanding that while Shell Bills say one thing, once it goes through the Amendment process, it means something entirely different.  The sponsors of HB1664 know exactly what the bill means; the details are below.   Please call your Illinois State Senators and oppose HB1664.

The following is the proposed Legislation and what it means.  This is why you have to always be on guard and why YOU need to join the ISRA NOW!  Share this information with every gun owner.

HB 1465 (MUSSMAN) – Creates confusing tiered ban on sale/purchase/transfer/delivery/possession of rifles and magazine clips that fire more than 10 rounds to persons under 21.
 
  • Sec. 24-1.9 broadly defines “assault weapon” as any rifle that can accept more than 10 rounds of ammunition or is a .50 caliber rifle, but also includes handguns.  Includes many firearms used by junior shooters at gun clubs and competitive shooting matches.
  • Sec. 24-1.9(c) states anyone under 21 that currently owns or possess an “assault weapon” must relinquish it within 90 days.
  • Section 24-1.10(b-5) states all large capacity magazines owned by a person under 21 must be relinquished immediately.
  • HB 1465 would make persons under 21 felons unless they relinquish their legally purchased and owned guns and magazines…a possible violation of the 4th Amendment to the US Constitution.
  • Silent as to where or how to properly relinquish prohibited firearms and magazines.
  • Out-of-state gun owners (regardless of age) who bring any legal firearms into IL could be found in violation if visiting IL longer than 24 hours (subsection d-4). 
  • Creates a 4-tiered standard for firearm transportation: one for 18-21 year olds; one for hunting/shooting competitions; one for non-residents (which could be in conflict with current IL conceal carry law); and the current standard for IL residents according to the Unlawful Use of a Weapon statute. 
  • Appears to limit where persons under 21 may shoot a rifle to Sparta shooting complex, or similar competitive shooting events, due to transportation restrictions (but no exemption for recreational shooting by those under 21 at gun clubs or gun ranges).

HB 1467 (MOYLAN) – Bans sale/purchase/transfer/possession of “bump stocks” and “trigger cranks.”
 
  • Definition of “bump stock” remains broad and includes ban on “trigger cranks.” 
    • May impact components used for competitive shooting events.
    • Would ban production/reproduction of Gatling guns (such as those used in re-enactments)
  • Requires any owner of a bump stock or trigger crank, as defined, to relinquish within 90 days.
  • Silent as to where or how to properly relinquish prohibited firearms and magazines.

HB 1468 (CARROLL) – Increases Waiting Period on “assault weapons” to 72 hours
 
  • Contains identical broad and unclear definition of “assault weapon” as HB 1465; also includes handguns and .50 caliber rifles. 
    • Will cause confusion among firearm dealers/private sellers on which long guns are subject to 24-hour waiting period vs. 72-hour waiting period (which currently applies to all hand guns).
    • Such confusion could cause dealers to unknowingly be in violation of Illinois law
  • Bans sales of “assault weapons” to non-residents.  Confusion on the definition of an “assault weapon” puts dealers in jeopardy of unknowingly being in violation of IL law.

HB 1469 (D. BURKE) – Bans sale/purchase/transfer/possession of large capacity magazine over 10 rounds; bans sale/purchase/transfer/possession of body armor; enhances criminal penalties if body armor worn.
 
  • Applies magazine ban to both rifles and hand guns; requires owners relinquish banned magazines within 90 days.
    • The majority of hand guns from manufacturers come with magazines holding more than 10 rounds; every gun owner, dealer, and manufacturer will be in violation if enacted in current form.
 
    • No exemption or grandfather language for current gun owners and CCL licensees.
  • Silent as to where or how to properly relinquish firearms and magazines.
    • Possession language will cause all gun owners, dealers and manufacturers to becomefelons if HB 1469 enacted in its current form.
  • Conflict for manufacturers and dealers:  Prohibits possession of magazines, but allows for sales to out-of-state persons, causing legal conflict for dealers in Illinois. Will force manufacturers to relocate in order to remain in compliance with Illinois law while fulfilling contractual duties from out-of-state purchasers.
  • Conflict in penalties within the amendment language.
    • Possession for a magazine over 15 rounds is a Class 3 felony.
    • Possession of two or more magazines a is Class 2 felony.
  • Bans private possession of body armor; exemptions only appear to apply to active duty law enforcement officers/state corrections officers/military personnel.
    • Ban and penalties likely apply to any child/parent that purchases backpacks that include Kevlar body armor as a component.
    • House Amendment #2 attempts to address some concerns by adding additional exemptions under public safety.

HB 1664 (CONROY) – Enacts additional reporting and screening measures for FOID card eligibility
(The Snitch Act)
 
  • Creates anonymous hotline to report persons that may represent “clear and present danger” to themselves or others and who own a firearm; administered by IL State Police.
    • Unclear whether ISP will receive adequate funding for new program.
    • Potential for abuse by “anonymous callers.” How will ISP handle anonymous calls that are inaccurate or false? (similar concerns with lethal order of protection issue)
    • Could force valid FOID card holders to undergo unnecessary mental health screenings at their cost.
  • Requires schools to distribute hotline information to students and parents.  Cost to be borne by the schools/taxpayers.
  • Revised definition of “mental health patient” inconsistent with current changes sought by IL State Police and IL Department of Human Services (see HB 5492) for FOID card applicants and licensees.
  • Allows IL State Police to go back 10 years in reviewing current FOID card holders regarding mental health concerns.
  • Allows IL State Police to order screenings of people that have been in a mental health institutionirrespective of when that occurred (5 years, 10 years, 30 or more years, etc.), and is inconsistent with 10-year “look back” allowed in other sections of the bill.
  • Non-compliance by FOID card holder/applicant triggers automatic denial/revocation of FOID card.

HB 772 (WILLIS) – Creates Lethal Order of Protection / Lacks Due Process and Ripe for Abuse or Fraud
NoteHB 772 (Willis) is a new bill number.  The old bill number was SB 559 (Morrison).
 
  • Allows law enforcement or an individual’s family members to petition the court for an ex parterestraining order if the petitioner considers the individual to be a danger to themselves or otherssimply because the individual owns, possesses or purchases a firearm.
  • HB 772 allows an order to be entered without notice to or testimony from the gun owner.
  • HB 772 would cause the surrender of FOID cards and concealed carry licenses, and the seizure of firearms, without notice or due process.
  • HB 772 is ripe for abuse by individuals that disagree with the Second Amendment, or wish to embarrass or harass a lawful gun owner.
    • Under Section 40(e)(5) of the bill, a court may issue an order of protection simply based on evidence of buying firearms and ammunition -- even police officers will also be vulnerable to false claims.
  • The bill does not impose any bond or financial requirement on law enforcement or the accuser to ensure their efforts are truly legitimate.

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