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Interstate transportation of firearms

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
In Illinois, a cop cannot enforce the FOID card state law on a out of state-er. If a cop does he violates the feds law. Illinois supreme court stated so in a round about way. I'll try to find the case.

http://watchdog.org/39531/ilshn-supreme-court-says-only-residents-need-foid-gun-card/

http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf

I don't know what your point is, but a cop who knows that a non-resident, transiting his state with a firearm possessed as the fed law states, goes ahead and arrests, as was done in Illinois, will be subject to civil penalties. This is not a complex situation. Cops should know about the federal exemption, "shall be entitled" is not a affirmative defense statement. By your logic "shall not be infringed" is a affirmative defense statement.
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
In Illinois, a cop cannot enforce the FOID card state law on a out of state-er. If a cop does he violates the feds law. Illinois supreme court stated so in a round about way. I'll try to find the case.

http://watchdog.org/39531/ilshn-supreme-court-says-only-residents-need-foid-gun-card/

http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf

I don't know what your point is, but a cop who knows that a non-resident, transiting his state with a firearm possessed as the fed law states, goes ahead and arrests, as was done in Illinois, will be subject to civil penalties. This is not a complex situation. Cops should know about the federal exemption, "shall be entitled" is not a affirmative defense statement. By your logic "shall not be infringed" is a affirmative defense statement.

I don't know what your point is
That much is clear.

The case you provided has nothing, at all, to do with 18 USC 926A, the case was simply about the State failing to prove the elements of the crime of Aggravated Unlawful Use of a Weapon (2 counts). :uhoh:


If a cop does he violates the feds law
Which law, specifically and what is the penalty for doing so?
 
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