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(courtesy Midwest Sporting Goods Facebook page)

“The Chicago suburb of Lyons, one of three Illinois communities sued earlier this year for alleged weak oversight of gun stores, passed a new ordinance Tuesday that spells out procedures for more closely monitoring firearms sales,” the AP reports. “The ordinance passed Tuesday calls for close cooperation between the village of Lyons and its lone gun shop, Midwest Sporting Goods. The gun shop must keep electronic records of anyone who purchases more than one firearm within a 12-month period. Records and documents must be turned over to local law enforcement within 48 hours if the gun shop determines the potential buyer is not a ‘valid or lawful” purchaser.'” Hang on . . .

It’s already against the law – federal law – for a gun store to sell a gun to a prohibited person. Under the new ordinance Midwest Sporting Goods has to report gun buyers that they think are not a “valid or lawful” buyer. A buyer who, for example, answered the required ATF form 4473 truthfully in a way that prohibits them from a purchasing a firearm.

What could possibly go wrong? But wait, there’s more! “The ordinance also requires the shop to maintain a ‘do not sell’ list of people who purchased a gun that was later traced to a crime.” So a gun buyer whose firearm is stolen and traced to a crime becomes a prohibited person at Midwest Sporting Goods.

The ordinance requires Midwest Sporting Goods to commit commercial suicide. How many gun owners would put up with this Big Brother law?

Lyons, Illinois has now been dropped from a lawsuit “filed in July [by] two mothers who lost sons to gun violence, ministers and an activist group. They accused Lyons and the suburbs of Riverdale and Lincolnwood of violating the civil rights of residents in Chicago’s largely African-American neighborhoods by failing to take steps to make sure gun stores are not selling firearms to people who should not be allowed to carry them.”

Off to the courts we go….

[NOTE: An earlier version of this post stated that the city ordinance violated the Firearms Owners Protection Act. It does not.]

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49 COMMENTS

  1. Wow. Like that’s going to help. This is a case of people focusing on the wrong thing; this is the closest gun store to a lot of areas of Chicago, so there’s a wide variety of people going there, and not all of them are above board.
    Also, I’m pretty sure that part of FOPA doesn’t prevent states or municipalities from creating a registry, otherwise every gun registration ordinance would have been struck down a long time ago.

    • Bingo as to your last sentence. The violation is not maintaining a gun registry–in fact that FFL is required to maintain a book of all sales under federal law, and many states do as well–but in transmitting that record to the federal government. I also think that Illinois maintains a registry, but I don’t know what or how much information is kept.

    • Dont let them fool you.. This isnt about saving lives. Its about disarming the law abiding masses, by litigating gun shops out of business….. Happens all the time out here.

  2. Simple answer. Indict the politiicans and those family members on RICO charges. Govt flunkies can engage in racketeering. Elsewhere govt pols have been indicted. These scumbags need to be held responsible. We need to remove govt immunity and put them in jail.

  3. Follow the federal law and screw the city ordinance. I don’t believe a local law can supercede federal law and would be totally unenforceable. If the store just said no what could the city do? However if the store said yes think about what the justice department could do to them. The feds could charge them, the ATF could nullify their license to operate. I doubt saying well the town council said I had to do it would be a defense.

    • Utter nonsense. Every FFL in California has been required to submit 4473s, including make, model and serial number, for handgun purchases to the State since 1991, and for every long gun since 2014. I don’t see the ATF shutting any of them down–because it is not a violation of federal law for the State to maintain a registry. Or a county. Or a city (see D.C.). The only violation is if the Feds maintain a registry. Sorry Charlie, Robert is wrong on the law on this one.

      • That depends on what the city means by turning over records. They may be able to ask for info on their own forms but they do not have any right to copies of the 4473. The only the feds (ATF) has the right to copy a 4473 and they can only do that in the course of investigation of a crime or to prove wrongdoing by the FFL.

  4. Government immunity biggest horseshit ever.

    Government should be held to higher standards then the citizenry.

    Lie in to cover your ass and bam you are no longer electable.

    Same with police hit a citizen bam open to lawsuit, if they can’t follow the four rules then they need more training or no gun.

  5. Humm…wouldn’t the same apply to San Francisco’s recently passed ordinance that required all transactions to be video taped? Ammo sales to be reported too though that doesn’t seem to be covered under FOPA.

    SF’s ordinance is moot since the last remaining store has closed due to the undue burden of compliance.

  6. When has electronic devices ever had information deleted ? Hillary?? The 2nd Amendment was put into the Constitution so the people could protect themselves from a corrupt government. No double standards put DC politicians on Obamacare and SS.Thanks for your support and vote.Pass the word. mrpresident2016.com

  7. The statute mentioned above forbids the FEDERAL government from creating such regulations but does no such thing for local or state governments.

    • Except for this little gem… “or any political subdivision thereof”

      I don’t see how this could hold up in any federal court.

      • The entire quoted sentence describes things a “rule or regulation prescribed [by the Attorney General]” may not do. It doesn’t prohibit a state, county, or city from doing those same things.

  8. Who said politicians are brilliant Constitutional lawyers??
    They just want what they want in Obslamaville Federal laws and our rights be dammed.

  9. the police recover a gun used in a crime. Why can’t they back track it to the point of sale? Then ask the buyer where the gun went. You know, track down the strawman buyers and prosecute them.

    • Because, on average, only 4 out of every 100 guns came from a straw purchase.

      If you can find the gun at a crime scene, then you can probably get finger prints. Don’t they have a database somewhere of those things?

      And why would you need to track the gun history back to the owner? Just to find out that it was sold to a friend/relative/neighbor/collector a dozen or more years ago?

      The gun is not what committed the crime anyway so why do so many people want to put so much effort into tracking where it came from?

    • I kinda said something similar about Detroit a few years ago. Then Craig came out encouraging the people that actually live there to properly fight for their home.

      Now I’m rooting for Detroit and the good, honest people that live there. I’m rooting for every Grandma with a High Point that stops a thug, stops his particular cycle of recidivism and shows the world how to stop the farce that is the revolving door justice system.

      There may be hope for Chicago, but it’s a long walk on a very dangerous path to get there.

  10. Ummm…The shop in Lyons does not have a great reputation around here(Cook Co).Neither does the village of Lyons. Not an odd choice for a pic-that’s who runs it I believe. They were effectively put out of business with this agreement( they do sell internet guns though). I sure as hell wouldn’t buy from them now…

    • In years past, I have bought a couple of firearms from Midwest. Although their range is awful, they have a decently stocked store, and I found their salespeople to be friendly. They also have three separate people review the 4473 form before finalizing a sale, and I have personally seen them refuse sales to people that seemed sketchy. I don’t know what else they can do, within reason, to prevent straw purchases. Their problem is that they are probably the closest gun shop to the city limits now that the store in Elmwood Park is closed. They’re naturally going to draw more potential straw purchasers than a gun store located in a further-out suburb.

      • JeffR-Chuck’s in Riverdale is only 2 miles from Chiraq. I bought my 1st gun from them. Jesse and fadda’ pflegma favorite target and also a suit filed against the town of Riverdale. I really don’t understand why they don’t move-they are good people…

        • Yeah, and that’s in Indiana, meaning you can’t buy pistols there if you live in Illinois without even more hassle.

        • Nigel-14310 S. Indiana Ave.,Riverdale,ILLINOIS is NOT INDIANA-the only hassle for me is going in that crappy,dangerous neighborhood…

        • My mistake. Poor Googling. Maybe I’ll check the place out, the pickings around here are pretty slim.

    • Yeah, I went there once after seeing a used CZ-75B listed and an advertised sale of either $50 off or they cover the tax.

      Went out there, place was full of sketchy customers, with seemingly everyone asking if they “had dat new glawk” in.

      Turned out the gun in question was on consignment which they hadn’t listed on their website so the deal didn’t apply. Salesman tried to tell me I’d still be “getting a great deal” on a used 75B with slide wear that would have wound up costing me over $500. I laughed at him and said “I can get one new online and even with shipping/ffl it’ll be close to that price.” He just replied “well, uh… K.” I said “that’s it? That’s all you’ve got?” And he shrugged. When I turned around and began to walk away I saw him start hawking the same gun to another customer.

      On the way out looked in the case and saw their new 75’s listed at $630 before tax. Noped the hell out and never went back.

  11. De Facto (that’s Italian, for “chi-town’s piled high with satan’s POS evil blue house of (D) head minions”) GUN BAN.
    Which = Infringement
    As long as we’re chucking how and why we’re getting along, you all now can waste less time trying to.

  12. It’s the progressive way. They believe they don’t have to follow any law that doesn’t fit their Nanny State narrative.

    When I was young (and believe me that’s no small feat; it was a long while ago) I believed the Democrats/Liberals/Progressives were for less government control and more individual rights and freedoms; the Republican/Conservative elements were for more government control.

    Good thing I grew up.

    Regardless of the state of laws in other municipalities or the voracity of the two gent’s pictured at the top of the article, the law is pretty clear: “No such rule … may require that records … be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof…”

    If you have a municipality that’s keeping firearms sale records, maybe you should take it up with that municipality/political subdivision.

  13. Blacks have already sued that gun stores are to far from minority areas for legal purchasers to buy. So what do they want, all stores to shut down and violate there right to exercise the 2nd amendment or
    stay open and put up with the b.s.

    The G.O.P. debate last night only heard the constitution mentioned 2-3 times & 2amendment. Onece.
    Why does the CommunistNetwork Broadcasting Center ask such stupid questions as fantasy football. Lets have something substantive. Trump & Carson seem to be the only ones that give a crap. Rand Paul is not his father but Jeb Bush is Clinton’s buddy. At least I think Trump would do away with free fire zones, lets see if Obama moves back to Chicago once he has to pay for his own security detail IL drive buys will slow down or white flight will hit like Detroit. When the Mob ran the place you would never see the nonsensical place the way is run by the current socialist regime.
    If a Democrat is put in as POTUS my wife, kids and I are learning Czech now to be able to purchase & carry in CZ territory, like the guns anyhow. It will be proof that no one born after 1970 cares enough to save this country. A few maybe but not enough.

    • Oh, those post 1970 folks DO care. The problem is they’ve been mis-educated on what it is that needs to be done, so we’d be better off if they didn’t.

      • There’s a bill pending to reverse it, the IG gave a figure close to 90million a year. The previous presidents had agents cut to 4 currently not counting uniformed he has 50÷ guarding at any time. His armored vehicle stays with the next he has to purchase his own, extra security is on him. Since there is no record of a former POTUS or first lady having an attempt made why do they need it. They have the right to refuse also.

  14. Yeaaaaaahhhhh, this needs to go to court. They are a good shop, I wish them the best. Maybe I need to go up there and make a couple more purchases.

  15. Ok, I will jump on my soap box once. Start a petition to get this on the local ballot. This would give the people the choice as to what THEY want not some bunch of liberal hacks.

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