Illinois AWB

BY Herschel Smith
1 year, 10 months ago

It’s effective immediately.  Folks like Rock River Arms and Springfield Armory who ensconce in Illinois now cannot even sell to customers in their own home state.  It’s too bad they didn’t ride the “Gun Valley Moves South” train when it left the station.  I know the gun community.  Some will be reluctant to buy from a manufacturer who cannot even sell their products to folks in their own state.  By the way, Colorado is effectively doing the same thing.

The list of guns citizen in Illinois cannot have is longVery long.  You cannot even own tactical shotguns under the new law as best as I read it (I did note that they didn’t specifically mention the Beretta 1301, although I’ll also mention that the new law “strengthens the assault weapons ban by also allowing Illinois State Police to update the list as needed,” Welch said”).  So the ban includes whatever the cops want it to include.

Also, they are preempting the SCOTUS decision on Terry Stops: “If police stop a car driven by a semiautomatic gun owner, they can instantly check to ensure its legally owned.”  What sense this makes one can only guess – if a gun owner has registered the weapon why wouldn’t it be assumed that it’s a “legally owned weapon?”

Also, it’s back to the way it was before Bruen – you cannot have that gun with you (you know, the only ones left not on the list) when you leave home.  You cannot carry it on your person.  So, it’s all the rage now for the communist states to pretend that Bruen doesn’t exist and that the supreme court never spoke to the matter.

I have supreme confidence that this law will be adjudicated, and I expect this law to be struck down, but I’m not sure how long it will be before that happens.  In the mean time, they want citizens to register their guns if they are “grandfathered in.”  Some Sheriffs have said they will not comply, dozens and dozens, somewhere around 70 at last count.

But what does this mean?  Here is one clue.

But that’s not good enough.  Merely refusing to assist the state police isn’t doing anyone any good.  For this to have teeth the Sheriffs would need to ensure that not only were they constitutional Sheriffs, but their deputies were constitutional deputies as well, and that the city and township PDs agreed with this stance.  Those are the preconditions for success.

That would all lead to the next necessary step, which would be a threat to arrest any state police who came into their counties to enforce the new law, and the stomach to follow through with it.  Finally, if those counties have militia to whom the Sheriff could go for assistance, that may prove to be necessary as well.

Do any of the Sheriffs have the stomach for this?  I seriously doubt it.  I’ve said before, nullification laws or threats are dangerous for the citizens if they aren’t serious and don’t carry both the threat and reality of force behind them.  If they are weighty and enforced, they serve as a check on centralized power and authority to infringe on God-given rights.

Illinois is just at the beginning of this whole affair.  Chicago has decided the way it will be for everyone else in their state.  Whether the balance of the state lets it stand will be up to them.

 


Comments

  1. On January 13, 2023 at 3:24 am, Rick said:

    Allowing cops to add to the law creates the situation of unelected, non-legislative civil servants to write law. Further, is such powers restricted to state cops or does Barney down in Tiverdale get a say too?

    I say, such is the state’s zealotry that they add what amounts to a poison pill (cops adding to the law). Does this law have severability? If not, then the combination of these two points renders the law unconstitutional on its face.

    What lazy, lazy governance. Sheesh

  2. On January 13, 2023 at 8:59 am, TheHat said:

    Transfer Chicago to Canada. Think of it as Berlin back in the day. With the booger gone, the state will flip to red.

  3. On January 13, 2023 at 9:23 am, Ankylus said:

    It is blatantly unconstitutional for the police to decide what act is illegal and what act is not. That is the job of the legislature, probably with the concurrence of the Governor in Illinois. Anything else is a violation of due process. Can you say Bivens?

  4. On January 13, 2023 at 10:56 am, X said:

    How many jack-booted thugs in “law enforcement” are armed with Rock River rifles? Quite a few. Well, now RRA can’t sell to anyone in their state but the pigs. Going to be interesting.

    I would not rely upon Bruen to save you from anything. The Left has basically nullified Bruen, they simply refuse to abide by it. They will send their JBTs to confiscate your guns, arrest you on felony charges, and maybe even kill you, protected by “qualified immunity,” no matter what the Supreme Court says.

    As Christ said on the road to Calvary, “For behold, the days are coming, in the which they shall say, Blessed are the barren, and the wombs that never bare, and the paps which never gave suck. Then shall they begin to say to the mountains, Fall on us; and to the hills, Cover us.

    For if they do these things in a green tree, what shall be done in the dry?”

  5. On January 13, 2023 at 10:59 am, Boycott Lincoln Land said:

    The laughter coming out of the south side of Chicago is legendary.
    You can hear it in between the pop and bang of shots from banned guns.

  6. On January 13, 2023 at 11:06 am, Brad Mueller said:

    Our Constitution is the Supreme Law of the Land. That includes the Bill of Rights. So if you took and oath to preserve and protect our constitution doesn’t that mean you can choose to ignore those laws that do not comply with it?

  7. On January 13, 2023 at 11:22 am, Gene Williger said:

    The Illinois constitution contains a prohibition on “special or local legislation” wherever a general statute would be practicable. Arguably, a list of banned weapons identified by make and model would constitute “special’ legislation. We’ll see. Lots of potential problems with that law.

  8. On January 13, 2023 at 5:26 pm, X said:

    “Our Constitution is the Supreme Law of the Land. That includes the Bill of Rights.”

    The Constitution means nothing. It has meant nothing since 1861. The only thing that has mattered since then is Mao’s dictum that “power comes from the barrel of a gun.” Therefore, the pigs want to make it illegal for you to own the same guns they own. They are perfectly willing to kick in your door and point an “assault weapon” in your child’s face and maybe kill you if someone gives them an “anonymous tip” that you have the same “assault weapon” they do.

    If you have any further questions, please call Vicki Weaver, she’ll be perfectly happy to clarify things for you.

    Oh… wait…

  9. On January 13, 2023 at 6:19 pm, Georgiaboy61 said:

    Speaking as a long-time but former resident of the Land of Lincoln, back in the old days (thirty or more years ago) before the communists took over completely, it was a pretty darned nice place to live – except maybe for the winters, which could be pretty harsh. Chicago and Cook (a.k.a. “Crook”) County were always de facto parts of New Jersey or New York, but the rest of the state was down to earth and traditional Midwestern.

    Well, that was then, this is now … and communist/progressive idiots like Pritzker with more money than sense are one of the chief reasons that place appeared in my rear-view mirror a few years back. There are things about that place I still miss, but I’ll never return as long as clowns like fat boy are in-charge.

    The thing of it is, the state is deeply-in-debt and they need all of the taxpayers – businesses and individuals alike – that they can find. Firearms manufacturers generally return a profit and so do dealers, and sportsmen pay a ton in user fees, licenses, permits and the like in order to enjoy the shooting sports. But none of that matters, apparently, to the governor et al. Never let the facts get in the way of one’s ideology, I guess….

    Will the last person in Illinois turn out the lights, please, before departing?

  10. On January 14, 2023 at 9:27 am, Bradley A Graham said:

    Another attempt at legislating morality.

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This article is filed under the category(s) Second Amendment and was published January 12th, 2023 by Herschel Smith.

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