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They’re Coming for Your AR’s and Standard Capacity Magazines

By Dan Eldridge

The Chicago Sun Times is reporting that the Democratic caucus of the Illinois General Assembly (ILGA) plans to bring forward an “assault weapons” ban during the lame duck session in January. The text of the proposed bill (focus on the strike-through and underlined text at the link, everything else is current law) was released later and it should horrify any gun owner.

The bill is facially unconstitutional, and we are planning the court challenges.

Major trouble areas: 

  • State-wide registry of all currently owned “assault weapons”
  • Ban on sales of “assault weapons”
  • Ban on sale and possession of all (long gun and handgun) magazines holding more than 10 rounds
  • Raise the age for FOID eligibility to 21
  • Firearm Restraining Orders extend from the current 6 to 12 months

This bill will be effective date, as soon as the Governor signs it. 

Possession of all 10+ round magazines is illegal. Manufacture, possession, delivery, sale, and purchase of assault weapons (p. 53-65) is illegal. Only weapons personally owned before the effective date are exempt and must be registered with the Illinois State Police 300 days after the Governor signs the legislation.
Hello Registry! And you must pay $25 to register your “assault rifles.” This includes all pistols with threaded barrels.

Penalties: P. 65, line 9

A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed an assault weapon in violation of this Section 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.

Fail to register your AR and you’re potentially a felon and stripped of your rights. 

Magazines P.64

(b) Except as provided in subsection (c), it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device…

(d) Sentence. A person who knowingly delivers, sells, purchases, or causes to be delivered, sold, or purchased in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds of ammunition commits a Class 3 felony for a first violation and a Class 2 felony for a second 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.

The “good” news: you’ll only catch a misdemeanor for that spare GLOCK 17 magazine you forgot about.

Timelind: The General Assembly lame duck session runs in early January (4th-7th and 10th). They have the votes to pass this. It’s not obvious how the State Police would manage the registration of hundreds of thousands of firearms. The act has an immediate effective date, so while the Governor has 60 days to sign or not, we expect his signature very quickly, meaning this thing could be the law by late January.

Our Response:

The same legislative body that just did away with cash bail and pre-trial detainment for a whole host of violent crimes now wishes to strip the law-abiding of their rights and property. We have been expecting this action by the ILGA and have been preparing for weeks.
When this passes and is signed into law by the Governor, we will, in conjunction with some of the national gun rights organizations and the dealers’ association FFLIL, immediately file suit in federal court.
We will ask for a restraining order preventing enforcement of this act pending the outcome of litigation. There may be a period of time during which this law is enforceable just due to the calendar even if we win a restraining order, as we expect.

This is an expensive fight, and it’s one that we must and will win.

In a post-Bruen and Heller world, this sort of ban is facially unconstitutional. AR-15 pattern rifles and duty-sized pistols are in common use and thus fall under the protection of the Second amendment after Bruen. There are further constitutional issues to argue in addition to the Second. he Fourth and Fourteenth Amendment violations are obvious.
We will not argue the merits of this “assault weapons” ban. The other side is pandering to emotionally-driven people who know nothing about guns, and they can’t be reasoned with nor can they be persuaded of the futility and unconstitutionality of this act.

This proposed ban is a sad example of how degraded politics and politicians have become in Illinois.

Rather than work with the industry and law enforcement to reduce the criminal misuse of firearms (hint: incarcerate criminals, and keep those accused of violent crimes in prison pending trial), the Democrat-dominated ILGA gun control enthusiasts prefer to pit one group against another. They are cowardly bullies, and the outcome will be further polarization of the politics of this state, deterioration of any constructive dialog, and the squandering of taxpayer funds when we win and are awarded court costs.

 

Dan Eldridge is the owner of Maxon Shooter’s Supply and Indoor Range in Des Plaines, Illionois. This article was originally published at maxonshooters.com and is reprinted here with permission. 

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72 COMMENTS

  1. After it’s enacted, get to a court, and request an immediate injunction/stay/whatever, citing ‘Bruen’ as the reason…

    • They should be in the courthouse lobby, suit in hand, listening on the radio or watching the Internet for the first news that the idiot governor has signed the legislation, then file their suit IMMEDIATELTLY.

        • Not when that which you possess already is immediately converted from legal to illegal by application of the Gov’s signature. Although there is a grace period for registration, you are still in possession of illegal arms and mags.

        • not really … a constitutional or legal challenge to a law enacted doesn’t need to have caused actual tangible or obvious ‘injury’ to allow standing, the very existence of the law causes ‘injury’ for standing if its unconstitutional or illegal and it takes a court to decide that thus there is standing to allow the court to decide.

    • A viable strategy… for now.

      But such a reliance on gatekeeping brings up the question of what you’ll do when your enemy seizes the keys to the gate?

      They’ve done this virtually everywhere and used it to great effect, yet this seems to go entirely unnoticed outside of a few areas of academia that are still “liberal” in the traditional sense and therefore alienated by the current Marxist “march through the institutions. Mostly it seems to produce handwringing and irrational appraisal of the situation, which one might call “conspiracy theory” if one were to be dismissive.

      No worries though, I’m sure the intellectual juggernauts of the Right will find a way to alienate those people who’ve been made amiable to more Conservative thought as well and thereby, once again, snatch defeat from the jaws of victory. Sort of makes you wonder if Conservatives are capable of even beginning to recognize their place in the order of things or if most of them are just NPCs engaged in tribalistic bullshit based on personal preferences and virtue signaling twaddlery.

      Ah well, I’m probably just being a drunk Leftist again and someone will be along shortly to “remedy” that situation with a good upbraiding manufactured entirely of from fact free ad hominem based on a demonstrably poor grasp of reality.

    • Fat Boy is just looking for some nationwide name recognition here. If the bill passes and is immediately challenged in court his name will be well known across the entire US. Makes him well known for the idiot he is and Dems will love him. He’ll immediately announce his decision to challenge Joe the Moron in 2024.

  2. Its almost like the conversation went like this:

    Dem 1: “Hey, lets ban those semi-auto rifle things and magazines!”

    Dem 2: “You mean ‘assault weapons’?”

    Dem 1: “Yeah, those things. I think the people need to know who’s in charge.”

    Dem 2: “Ok, what goes in the bill?”

    Dem 1: “Oh, well, lets make this easy. Go down that checklist of things that have already been ruled to be unconstitutional or will be and throw those in too.”

    Dem 2: “OK, that’s good. That’s sure to rile them up and show them we get to decide what rights the have or not and we ain’t ‘fraid no constitution.”

    • When they rolled over for FOID they opened the door for such Gun Control rot. Let them pass it and try to enforce it with the likes of nazi brown shirts and the kkk. This time Gun Control democRats the Jews and Slaves are armed.

    • It’s almost as though they believe that “the wheels of justice grind slowly” and that this plays to their advantage so long as they can hold the positions that allow them to appoint SCOTUS judges who will hear the case years from now, overturn the current decisions, and find for the State. When that happens, you wouldn’t want to win piecemeal, would ya? Nah, if you were smart, you’d want every case you win to be a wish-list. That way three wins overturns dozens of precedents each and your power grows massively with each singular win.

      And, an honest appraisal reveals that it appears that way because they do think that. Because these people think entirely differently than Conservatives do and therefore play a longer game in nearly every respect.

      When you know you have a pipeline that takes 10 years and you plan to change the people at the end of that pipeline, you keep the pipeline full. It’s not like it costs you anything. You are using taxpayers’ money to argue court cases to take away the rights of those very taxpayers’, after all, a form of monetary guerrilla warfare against your own population is essentially one you cannot lose. Either you get what you want or you force the enemy to expend their limited resources while you also spend their limited resources.

      Why just flower-sweep someone when you can flower-sweep them and, with a simple hold placed before the sweep started, come up on top with an omoplata, americana and a papercutter all served to you on a plate?

  3. at least rauner rode a bikey.
    if assfat bloatoplasm sat on a tri- glide it would wheeze twice and say uncle.
    i wish someone would teach him how to make ned beatty sounds.
    “…except bein’ born on third base and tellin’ us he hit a triple.”

  4. What a surprise???…not the great state of Illinois…. lolol…. I wouldn’t live or work in that poorly, horribly run legislated state. Illinois, just one of so many Blue States that are the “poster child” for all that’s really wrong with this great country we live in…

    Shame on the “Blue Democratic” weapons grabbers! Illinois, California, New York, Oregon… the list goes on… friends and residents, your Second Amendment rights are being trampled on!!! Make them stop the insanity, NOW!

    Criminals in the states mentioned above have more rights than law abiding good citizens. Wake up!!!!!!! To all my friends…Safe and aware….

    Kielma

  5. “The other side is pandering to emotionally-driven people who know nothing about guns, and they can’t be reasoned with nor can they be persuaded of the futility and unconstitutionality of this act.”

    Obviously stating the obvious…

  6. Maybe the ISRA will object to this one instead of giving it some luke warm FUDD garbage statement like they have for past gun control bills.

    So glad I moved to Wisconsin. I make good money and pay my taxes, I don’t need these fools trying to make me a felon. I just hope that there aren’t a bunch of refugees that are people who fled what they advocated for, and that if they are they don’t vote for morons that will do this here. I am not holding my breath.

      • You forgot Madison too.

        That said there’s still some time here politically for the moment. He’s not a “new” governor he was the incumbent btw. We also re-elected arguably one of the more right wing senators in the US Senate as well. It’s an interesting state and as of now I’d call it almost neutral politically. Not sure how long that balance will last over time though with people fleeing Illinois.

        Illinois is becoming the California of the Midwest right now. I’m personally not sure how long that will last, I suspect covid cash has somewhat extended their life expectancy though.

        People move to Cali for the weather despite the state being a dive. Not sure what the hook to Illinois is gonna be.

      • “UNDER THE NEW SAFE-T-ACT, ENTIRE CATEGORIES OF CRIME, SUCH AS AGGRAVATED BATTERIES, ROBBERIES, BURGLARIES, HATE CRIMES, AGGRAVATED DUI’S, DRUG INDUCED HOMICIDES, ALL DRUG OFFENSES, INCLUDING DELIVERY OF FENTANYL AND TRAFFICKING CASES, ARE NOT ELIGIBLE FOR DETENTION REGARDLESS OF THE SEVERITY OF THE CRIME OR A PERSON’S RISK TO A SPECIFIC PERSON OR THE COMMUNITY”

        That for starters…

        • Sorry,
          I thought including that idiot Pritzkers signing it made it clear what I thought was stupid. Many innocent people are going to be harmed by this SAFE-T-ACT.

        • push hard…and get before the supremes quicker…this issue is going to get decided sooner rather than later…

  7. reason #1776 to move out of illinois

    its going to get a lot worse for a lot longer before theres any hope of it getting any better

  8. I live in ILLANNOY. I have a contingency plan.My buddy in Indiana will happily keep my AR if it comes to that. Since I bought my rifle in Indiana I doubt ILLANNOY is aware I have it. And I can get 10round mags for my semiautomatic handguns(1 doesn’t need em). AND I will now not comply! SEE: the compliance
    rate in NY & other states. Since we are planning on a move to Indiana it may motivate us…

    • I grew up in Mishawaka just outside of South Bend. I loved growing up there. The times were different amd my move to California at 14 was an eye opener. I know it isn’t the same anymore but it was a wonderful place to grow and learn.

  9. Guaranteed that the lower courts will uphold the new law and the corrupt, disingenuous Supreme Court will refuse to hear the case letting the lower anti-gun court rulings stand. This has been standard operating procedure with the corrupt Supreme Court for decades.

    • “Guaranteed that the lower courts will uphold the new law and the corrupt, disingenuous Supreme Court will refuse to hear the case letting the lower anti-gun court rulings stand.”

      *Bzzzzzt*!

      Wrong, the SCotUS no longer needs to hear a 2A case to overturn it.

      They will do what they did a few months back, GVR it. (Grant cert., vacate the lower court’s ruling, and order the lower court to apply the 2023 ‘Bruen’ standard), and make a ruling that complies with the watershed ‘Bruen’ decision.

      Easy-peasy, so simple an inbred, brain-damaged moron like yourself can understand it… 🙂

        • If he thinks he’s thinking then he is thinking.

          He’s just doing it the same way that middle managers manage.

          High output, low quality, shit results. But damn did they manage some stuff!

      • To Geof

        Except they have had plenty of time to do just that and did not and all the prior lawsuits to overturn older and recent gun bans have been ignored.

    • Dacian thinks the leftist Supreme Court over the past decades is corrupt. What irony to hear them condemn progressive judges.

  10. Yes they want ‘all’ arms banned. One city in Md. bans all folding knives (non-assist) over 2.5″ blade. Two other cities ban blades over 3.0″. Gabby G. from Everytown wanted muskets banned, reason? cause .50 cal. is too dangerous for the average ‘Joe’ to own.

  11. The Dems running this bill think their efforts in this bill to impose gun control are unstoppable and unsinkable. Sort of like the RMS Titanic.

    Even more, they’re sailing in what they see as fair weather with the wind at their backs and no icebergs for a thousand miles.

    What they don’t know is that there’s already a torpedo in the water.

    And there’s a pack of submarines headed to meet their “unstoppable” RMS Titanic.

    It’s a glorious time to be alive.

    John

    • The Bismarck is probably the better metaphor here.

      And I’d point out that such an outcome depends heavily on how long they can delay such a decision in lower courts.

      The Lefties haven’t forgotten about packing the SCOTUS, they’re simply hoping that the rest of us have.

      • I haven’t forgotten. I think the next time the gop gets the white house we need to pack the court ourselves.

        Use the fascist left’s tactics against them.

        • That just escalates the way two drunks go from minor shittalk to a punch up at a bar.

          The Right needs to take a bit of initiative and study their enemy. You’d think with all the Rightwingers who love sportsball that they’d grasp the concept of “watching tape”. Buuuutttt that’s been something I’ve been saying for 15 years and it never happens.

          Leftist philosophy is something entirely foreign to most people on the Right, and quite frankly, most people because most people are not on the Left in terms of serious Lefty philosophy. They therefore can’t really grasp how the Left thinks because 1. it’s not natural and 2. they don’t study it.

          Most Democrat voting soccer moms cannot really process the idea that they’re voting for people who really do believe that “There is no truth but power” or that “Power exists solely to be exercised”.

          And if the philosophical Left was honest they’d have no real support whatsoever. They’re not honest and when they get caught they play it off as well-intentioned incompetence.

          The Right acts like someone who did well in High School wrestling walking into a jiu jitsu gym, getting their ass kicked and then refusing to learn jiu jitsu but insisting that they’re good at it. They quite obviously don’t comprehend the idea of interlocking different games with different temporal horizons and playing them simultaneously to move towards a goal in the future. As such, they’re prone to being distracted easily with very in-your-face tactics now that are designed to cover the real games being played.

    • Zero need for that, the SCotUS will force the courts to declare it unconstitutional.

      You will suck on it, good and long, fascist scum… 🙂

      • This level of confidence is, IMHO, unwarranted.

        Boch (above) talks of torpedos in the water. Has he checked to makes sure none are inbound or does he expect the enemy to simply admit defeat and lie supinely on their backs waiting to be dispatched?

  12. Illinois is making it convenient to overturn all of their unconstitutional gun laws with 1 lawsuit. Plaintiffs could attack FOID, age restrictions, gun and magazine restrictions, and red flagall in one blow.

  13. this is why you don’t elect Democrats…. or Rinos to form gov’ts.. if they aren’t constitutionalists / conservatives throw them out!

  14. I believe there are 27 days left until the “purge” begins, in the Land of Lincoln. Thank you to all the white librarians liberals and the left. Who will soon enable criminals by making it easier for them to rape, murder, assault, steal, and or vandalize private property.

    All because they say there are too many criminals locked up in ILLINOIS jails and prisons.

    • Wait you think this BS is all white liberals doing this? A vast# of brown men & women run ILLANNOY into the ground. Helped by Leftard Dims of all races n creeds. So shall it ever be…

    • “All because they say there are too many criminals locked up in ILLINOIS jails and prisons.”

      Well, they’re not wrong about that. Interesting to note that if you trace back the reason for why this is the case, you’ll find that the taproot is Lefty policy over decades and decades, primarily in education.

      Commies have an essential similarity to capitalists. Both love to “create the market” for their product. Taking over education has done just that, it’s “created the market” for MOAR! government at every turn, and it’s done that to people who line up on both sides of the aisle.

  15. They are going to keep doing this and we are going to keep beating them in court. It costs them nothing and they can try to bankrupt us, or make us give up.

  16. As a child living in Wisconsin I had relatives living in Illinois and when we would go visit I always felt uncomfortable crossing that state line. I don’t know what caused that feeling but even as an adult it seemed like a foreign country whenever I travelled there. Just a little odd.

  17. Go to the link and read the bill. It has soooooooo many factual mistakes in it.
    For example, it bans:
    2 (ii) Any grip of the weapon, including a pistol
    3 grip, a thumbhole stock, or any other stock, the use of
    4 which would allow an individual to grip the weapon,
    5 resulting in any finger on the trigger hand in
    6 addition to the trigger finger being directly below
    7 any portion of the action of the weapon when firing.

    They just described every stock in existence, so congratulations, they’ve just banned every stock in existence!

    They also banned the “Armalite M15.” There is no such gun, AFAIK, and as far as Wikipedia knows also. They were probably confusing the Armalite 15 (AR-15) with the M-16, so they got the two terms mashed together.

    Under “assault weapons – rifles,” they banned the following:
    11 (OO) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21
    12 sniper rifle, and M1A, excluding the M1 Garand.

    That’s a real headscratcher, considering the M1A is legal in other “assault weapons ban” states such as New Jersey, because it doesn’t have any “evil” features. The main difference between the M1A that Illinois bans and the M1 Garand that they don’t ban is that the M1 Garand fires a more powerful cartridge, the .30-06, which is more powerful than the .308 (7.62×51) cartridge fired by the M1A which they inexplicably banned.

    They also ban the:
    12 (S) Colt AR-15, CAR-15, and all imitations except Colt
    13 AR-15 Sporter H-BAR rifle.

    Um, hello, the 1990s called to tell you the “Colt Ar-15 Sporter H-BAR rifle” is no longer manufactured and hasn’t been for many years — plus it’s really no different from any other AR-15 rifle, other than the fact that Colt’s lawyers managed to get that version an exemption from the AWB back in the 1990s. I’m guessing they lifted this text straight out of Clinton’s 1990s “assault weapons ban.”

  18. Illinois obviously didn’t learn anything from all the federal cases that were already decided against this.

    But what did you expect from brain dead politicians?

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