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Posted: 1/3/2024 12:51:07 AM EDT
so where is this awb at now? what are we waiting to happen?
Link Posted: 1/3/2024 9:50:46 AM EDT
[#1]
if you haven't registered you're in violation - potentially a felony if you have more than one verboten item
courts haven't protected us - still stuff in motion
nobody had had doors kicked in and dogs shot over it - yet  
~30,000 pussies complied

Link Posted: 1/3/2024 11:09:58 AM EDT
[#2]
Nothing will happen for a while. Hopefully, eventually, this will all be overturned. In the meantime, if you didn’t register, or even if you did, keep your stuff at home - don’t transport it anywhere.
Link Posted: 1/3/2024 12:18:56 PM EDT
[#3]
Originally Posted By PorkchopSandwhiches:
so where is this awb at now? what are we waiting to happen?
View Quote


As of now, anyone in possession of banned firearms and attachments within the State of Illinois, is guilty of a misdemeanor and of a Class 3 Felony if they have 2 or more banned items in possession.

Registration continues. I can't speak for "We" and what we are waiting for but I'm waiting to see where this goes in terms of enforcement. All we can do is wait.

VooDoo
Link Posted: 1/3/2024 12:29:32 PM EDT
[#4]
Ultimately, we are waiting for this democrat crap law to get to Supremes.  Bad guess would maybe this spring or summer for ruling.  The court scheduling and maneuverings are hard to pin down.
Link Posted: 1/3/2024 12:44:43 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By VodoundaVinci:


As of now, anyone in possession of banned firearms and attachments within the State of Illinois, is guilty of a misdemeanor and of a Class 3 Felony if they have 2 or more banned items in possession.

Registration continues. I can't speak for "We" and what we are waiting for but I'm waiting to see where this goes in terms of enforcement. All we can do is wait.

VooDoo
View Quote

Is registration still open past the deadline? Sounds like incrimination for anybody registering late. I opted to store my stuff out of state but given the low compliance, I am thinking that the money spent on storage and the risk of theft may not be worth it. No way they can charge so many “non-compliant“ individuals. Hopefully this gets overturned soon and we won’t have to worry about it anymore.
Link Posted: 1/3/2024 1:15:04 PM EDT
[Last Edit: IceChimp] [#6]
I am still of the opinion that the only legal "loophole" for them to keep registration open is that, in failing to provide an actual list of all makes and models that need to be registered by Oct 1, 2023, there is nothing actually required to be registered.

The law is very clear that only the specific things on the list, which was never provided, need to be registered.
Link Posted: 1/3/2024 1:43:02 PM EDT
[Last Edit: VodoundaVinci] [#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By kaneljo3000:

Is registration still open past the deadline?
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By kaneljo3000:

Is registration still open past the deadline?


I just logged and and it goes to the registration area so I'm assuming it's still active and will stay that way.

"What firearms are regulated......"

PICA regulates the possession of assault weapons (among other things) and sets forth a definition that conveys which firearms are included in the Act. The definition of "assault weapon" in PICA is very broad including any firearm, part, or combination of parts designed to or intended to convert a firearm into an assault weapon as defined in the Act. For additional information, please refer to 720 ILCS 5/24-1.9(a)(1) and the ISP’s Assault Weapon Identification Guide.

Appendix A is not exhaustive but rather lists "assault weapons" that are eligible for the endorsement affidavit process and exemption. To ensure that any "assault weapon" (as defined by PICA) that was possessed on or before January 10, 2023, is incorporated into the endorsement affidavit process and exemption, the ISP mimicked the legislature’s language


Since JCAR has never formally adopted "rules" we are stuck with the emergency rules defined by ISP. Doesn't look like there will be a definitive list at present. I am still of the opinion that they will not charge nor attempt to charge all of the non compliant. My opinion is that they will "cherry pick" a list of people who have royally opposed PICA and who are high profile within the gun community and single them out to be "made an example of". That would not gobble up huge resources. I'm of the opinion that there is a "list" of people to be slapped down and if they are going to enforce the law and if it begins, it will be in loyal Blue counties like Cook and Lake.

Law enforcement agencies, including the ISP, are charged with enforcing the Protecting Illinois Communities Act throughout Illinois. ISP will continue to enforce the Firearm Owners Identification Card Act and Article 24 of the Criminal Code of 2012 by partnering with local law enforcement through our Violent Crime Intelligence Task Force. The task force is a collaborative effort to reduce and prevent illegal possession and use of firearms, firearm related homicides, and other violent crimes. All law enforcement officers will have access to the resources the ISP has made available to the public to ensure they are able to identify items regulated by the Protecting Illinois Communities Act.


IMO.

VooDoo
Link Posted: 1/3/2024 2:00:00 PM EDT
[Last Edit: IceChimp] [#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By VodoundaVinci:


I just logged and and it goes to the registration area so I'm assuming it's still active and will stay that way.

"What firearms are regulated......"



Since JCAR has never formally adopted "rules" we are stuck with the emergency rules defined by ISP. Doesn't look like there will be a definitive list at present. I am still of the opinion that they will not charge nor attempt to charge all of the non compliant. My opinion is that they will "cherry pick" a list of people who have royally opposed PICA and who are high profile within the gun community and single them out to be "made an example of". That would not gobble up huge resources. I'm of the opinion that there is a "list" of people to be slapped down and if they are going to enforce the law and if it begins, it will be in loyal Blue counties like Cook and Lake.



IMO.

VooDoo
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By VodoundaVinci:
Originally Posted By kaneljo3000:

Is registration still open past the deadline?


I just logged and and it goes to the registration area so I'm assuming it's still active and will stay that way.

"What firearms are regulated......"

PICA regulates the possession of assault weapons (among other things) and sets forth a definition that conveys which firearms are included in the Act. The definition of "assault weapon" in PICA is very broad including any firearm, part, or combination of parts designed to or intended to convert a firearm into an assault weapon as defined in the Act. For additional information, please refer to 720 ILCS 5/24-1.9(a)(1) and the ISP’s Assault Weapon Identification Guide.

Appendix A is not exhaustive but rather lists "assault weapons" that are eligible for the endorsement affidavit process and exemption. To ensure that any "assault weapon" (as defined by PICA) that was possessed on or before January 10, 2023, is incorporated into the endorsement affidavit process and exemption, the ISP mimicked the legislature’s language


Since JCAR has never formally adopted "rules" we are stuck with the emergency rules defined by ISP. Doesn't look like there will be a definitive list at present. I am still of the opinion that they will not charge nor attempt to charge all of the non compliant. My opinion is that they will "cherry pick" a list of people who have royally opposed PICA and who are high profile within the gun community and single them out to be "made an example of". That would not gobble up huge resources. I'm of the opinion that there is a "list" of people to be slapped down and if they are going to enforce the law and if it begins, it will be in loyal Blue counties like Cook and Lake.

Law enforcement agencies, including the ISP, are charged with enforcing the Protecting Illinois Communities Act throughout Illinois. ISP will continue to enforce the Firearm Owners Identification Card Act and Article 24 of the Criminal Code of 2012 by partnering with local law enforcement through our Violent Crime Intelligence Task Force. The task force is a collaborative effort to reduce and prevent illegal possession and use of firearms, firearm related homicides, and other violent crimes. All law enforcement officers will have access to the resources the ISP has made available to the public to ensure they are able to identify items regulated by the Protecting Illinois Communities Act.


IMO.

VooDoo



"Appendix A is not exhaustive but rather lists "assault weapons" that are eligible for the endorsement affidavit process and exemption. To ensure that any "assault weapon" (as defined by PICA) that was possessed on or before January 10, 2023, is incorporated into the endorsement affidavit process and exemption, the ISP mimicked the legislature’s language"

And that's what I'm talking about. The ISP is required by the law to issue an actual exhaustive list of what needs to be registered - they can't say to just look at the law and figure it out yourself, they are just pretending that they can. That very first question in their faq is evidence they themselves have not complied with their obligation.

ETA: actual text of the law:

(3) the make, model, caliber, and serial number of the
   .50 caliber rifle or assault weapon or assault weapons
   listed in paragraphs (J), (K), and (L) of subdivision (1)
   of subsection (a) of this Section possessed by the affiant
   prior to the effective date of this amendatory Act of the
   102nd General Assembly and any assault weapons identified
   and published by the Illinois State Police pursuant to
   this subdivision (3). No later than October 1, 2023, and
   every October 1 thereafter, the Illinois State Police
   shall, via rulemaking, identify, publish, and make
   available on its website, the list of assault weapons
   subject to an endorsement affidavit under this subsection
   (d). The list shall identify, but is not limited to, the
   copies, duplicates, variants, and altered facsimiles of
   the assault weapons identified in paragraphs (J), (K), and
   (L) of subdivision (1) of subsection (a) of this Section
   and shall be consistent with the definition of "assault
   weapon" identified in this Section.
The Illinois State
   Police may adopt emergency rulemaking in accordance with
   Section 5-45 of the Illinois Administrative Procedure Act.
   The adoption of emergency rules authorized by Section 5-45
   of the Illinois Administrative Procedure Act and this
   paragraph is deemed to be necessary for the public
   interest, safety, and welfare.


And some might say that emergency rulemaking section somehow absolves them of this, which I would disagree with but it is moot anyway as they have exactly 7 days where those are even in force.

 Sec. 5-45.35. Emergency rulemaking. To provide for the
expeditious and timely implementation of this amendatory Act
of the 102nd General Assembly, emergency rules implementing
this amendatory Act of the 102nd General Assembly may be
adopted in accordance with Section 5-45 by the Illinois State
Police. The adoption of emergency rules authorized by Section
5-45 and this Section is deemed to be necessary for the public
interest, safety, and welfare.
   This Section is repealed one year after the effective date
of this amendatory Act of the 102nd General Assembly.
Link Posted: 1/3/2024 3:15:18 PM EDT
[#9]
Contrary to what the ISRA keeps saying, the registration is staying open.  Valinda & I got that straight from the ISP head legal.  I think they didn't want to make that known so they could bluff/scare more people into complying.  We'll suggest to them again to put it in their Q&A.
Link Posted: 1/3/2024 3:37:04 PM EDT
[Last Edit: VodoundaVinci] [#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By SwanHunter:
Contrary to what the ISRA keeps saying, the registration is staying open.  Valinda & I got that straight from the ISP head legal.  I think they didn't want to make that known so they could bluff/scare more people into complying.  We'll suggest to them again to put it in their Q&A.
View Quote


Sorry - Deleted. I completely misunderstood this.

VooDoo
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