OC for ME
Regular Member
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.
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.