This one is going to SCOTUS

Illinois House passes measure to raise assault-style weapon buying age to 21

SPRINGFIELD, Ill. (AP) – Possession of assault-style weapons by anyone under 21 would be illegal under legislation that the Illinois House endorsed.

The plan sponsored by Democratic Rep. Michelle Mussman of Schaumburg would prohibit minors from buying or possessing high-capacity weapons, attachments, .50-caliber rifles and cartridges. They would have 90 days to transfer ownership.

The legislation was OK’d 64-51.

Remember, they are not going to take your guns away.  Stop being paranoid.

According to the state of Illinois, a young man, serving in the US Military, old enough to buy cigarettes and die in combat for his country is a minor.

Holy shit!

Now, out of curiosity, who does this 19 year old get to transfer his rifle to?  The government?  A private sale?  To his parents?

Critics decried the idea that the government would confiscate property. Mussman said authorities will not visit homes to pick up weapons.

It’s not confiscatory, we’re not going door to door to take your guns.

But a first offense for getting caught with prohibited firearms would be a misdemeanor offense.

You just can’t get caught with having it, that’s soooooo much better.

So what does the law say?

Bill HB1465

 (e) Sentence. 

(1) A person who knowingly delivers, sells, or possesses or causes to be delivered or sold, in violation of this Section an assault weapon commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time. 

(2) A person who knowingly delivers, sells, or possesses or causes to be delivered or sold, in violation of this Section an assault weapon attachment commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(3) A person who knowingly delivers, sells, or possesses or causes to be delivered or sold, in violation of this Section a .50 caliber rifle commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

(4) A person who knowingly delivers, sells, or possesses or causes to be delivered or sold, in violation of this Section a .50 caliber cartridge commits a Class A misdemeanor.’

You read that right.  In the text of the bill, a 20 year old caught with an AR-15 that he bought legally before this goes into effect is a felon.  A felon.

The media or the State Rep they interviewed lied.

Sec. 24-1.10. Delivery or sale of large capacity ammunition feeding devices to persons under 21 years of age prohibited.

(a) In this Section: “Large capacity ammunition feeding device” means:  (1) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; or (2) any combination of parts from which a device described in paragraph (1) of this subsection (a) can be assembled.

Better toss those replacement followers, enough springs and sheet metal and you are a felon.

“Large capacity ammunition feeding device” does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.

Congrats, your Marlin Model 60 and its 14 round tube mag just made you a felon.

(d) Sentence. A person who knowingly delivers, sells, possesses, or causes to be delivered or sold, in violation of this Section a large capacity ammunition feeding device capable of holding more than 15 rounds of ammunition commits a Class 3 felony for a first violation and a Class 2 felony for a second
21 or subsequent violation or for delivery or possession of 2 or more of these devices at the same time. Any other violation of this Section is a Class A misdemeanor.

Section 99. Effective date. This Act takes effect upon becoming law.

More than 15 rounds and it’s illegaler.  Considering that most of the guns I’ve bought come with two mags, that’s an instant class 2 felony.

Also, there is no grace period for magazines.  The bill is signed  into law and you are a felon.  You should just crush and throw away your magazines now, because god help you if you find out about the passing of the bill the next day on the morning news, you’ve been a felon for the last 18 hours.

I’m not a lawyer, but I cannot see how this is legal.

Right now it hasn’t passed yet, but if it does, I have a feeling this is going to make its way to SCOTUS.

There is no way a state can render thousands or even tens of thousands of people into felons overnight by banning something that they owned legally the day before.

This court case will be fun to watch.

And pray for the citizens of Illinois.  I am glad I am no longer one of them.

 

5 Replies to “This one is going to SCOTUS”

  1. I put in a “suggested correction” on the article’s misstatement about penalties. Will be interesting to see if they pay attention.
    The bill is curious. It defines as “assault weapon” any rifle regardless of action that has a large magazine (does that mean “is capable of using” a large magazine?). But then later on, lever and bolt etc. action rifles are excluded. I wonder which was intended.
    The other interesting item is that the large capacity magazines section doesn’t talk about rifle magazines, it appears to apply to handgun mags just as much.
    And also… the exemptions (both for rifles and mags) list armed forces but not police. So it sounds like police (including SWAT) will have to turn in their AR-15s and M-16s, not to mention all their 11+ round Glock and SIG mags.




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  2. “…going to SCOTUS”. Which they will not hear. Just lie every other gun case since McDonald.

    I’m of the opinion right now that if Cali passed a law blanket banning guns the day it gets signed with no grandfathering, door to door confiscation and the punishment is execution without trial inside your home or your yard and the rounding up and sending of immediate family members to special camp to execute them again without due process or trial SCOTUS would either not hear it or more than likely uphold it.

    No one are our friends right now. The NRA.had come out in support of extreme risk gun confiscation. I’ve been of the opinion that the human race is going to face a mass death event; self inflicted when the entire world becomes like Venezuela and BILLIONS starve to death.




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    1. The NRA isn’t the only gun rights organization, nor the most principled one.
      As for “which they will not hear” — at some point it will become necessary to elect some good representatives, to bring articles of impeachment against people who refuse to uphold the Constitution. That includes the many judges in that category, perjurers every one of them.




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