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Illinois waiting period -- anybody know what this is about?

Discussion in 'Legal' started by lee n. field, May 19, 2005.

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  1. lee n. field

    lee n. field Member

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    This was linked from keepandbeararms.com today.

    Specific bit of interest to gun owners is:

    (Illinois does not have a "5 day waiting period", it has a 1 day and a 3 day waiting period for long and hand guns respectively. )

    Anybody know anything about this?
     
  2. DonP

    DonP Member

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    Illinois waiting periods

    If I recall correctly, the waiting periods were "reduced" from the national mandatory waiting period (at the time) to 3 days for a handgun and 1 day for a long gun, if .... we agreed to the crappy FOID card deal.

    So now we all have these neat little picture ID's issued by the State Police for every gun owner in the state. Can't even handle ammo with out one. A nice first step towards keeping track of all the probable gun owners in the state, huh?

    The "five day" reference sounds like an error.
     
  3. vis35

    vis35 Member

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    Back in the “oldendaysâ€, when Reagan and a different Bush were president, I worked at a gun shop in the Chicago ‘burbs (The Marksman in Glenview, if you happen to remember it DonP). We had the 1 and 3 day waiting period then, but we did allow the customer to take home his new gun if he had traded in one, I was told it was the law at the time but I never looked up the statute. Back then the waiting period was enforced on the “honor system†as far as I could tell; as it was a state law ATF did not check that it was enforced and in four years there I never had the state police check on anything.
    Regards from Alaska
    Jeff
     
  4. whm1974

    whm1974 Member

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    We had the FOID long before we had a waiting period. As bad as the FOID is, it is better than having to get a purches premit to buy a handgun, and have to tell the local LEO that you have it.

    IL had a waiting period back in the 80's? Sounds like a local law if the ISP didn't check on anything.

    -Bill
     
  5. Jeff White

    Jeff White Moderator Staff Member

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    Illinois had a waiting period when I bought my first guns in the early 70s. I bought my first new handgun when I was 21, a new Colt MKIV Series 70 Government Model in .45 from Curt Smith's Sporting Goods in Belleville in 1976. Waited the 3 days and it was gift wrapped when I picked it up.

    Jeff
     
  6. SmershAgent

    SmershAgent Member

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    This a pretty poor summary on the part of the journalist. The actual legislation eliminates the waiting period (either 1 or 3 days, depending...there's no 5 day wait here) if you trade 1 operable firearm for another. The phrase "..trading in old guns as part of the deal" is misleading as well. This exemption only applies at a 1:1 ratio. For example, you couldn't "trade" a Jennings and $3,000 and take home a bag of Sigs.
     
  7. Nanook

    Nanook Member

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    I also remember a waiting period in 1971. I had to get my first FOID for of all things, a Sheridan Blue Streak. Had to wait 24 hours too. I think it was because of the rifle's power level, but I'm not sure. I bought it from Oak Lawn Gun Shop, not sure if it's still in business. Huge place, stuffed bears everywhere.

    I'm not sure, but I think the FOID and the waiting period came about at the same time, after 1968.

    The Illinois Constitution was amended in 1970, Article 1 Sec. 22 says:

    "Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."

    Except for the first clause, it sounds pretty good with the 'individual citizen' part and all. That first clause led to the FOID and the waiting period.
     
  8. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    "Subject only to the police power" is one of those phrases that has two meanings, one _fairly_ reasonable, (IE, RKBA may not be used as a cover for bona fide criminal activity) and the other entirely weaselish (IE: the police power means whatever we want it to mean)

    Unfortunately, the weasel interpretation always seems to win out.

    Anyone know what the IL Const said about RKBA prior to 1970? IIRC, that was the period, post GCA 68, that a lot of states started putting RBKA clauses into their Constitutions.

    As for FOID like cards, I don't know IL history, but NJ put theirs in in 1966. Perhaps the IL FOID came in around the same time?
     
  9. whm1974

    whm1974 Member

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    If we want to kill people, a .22 rifle will do.

    -Bill
     
  10. lee n. field

    lee n. field Member

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    If you read Ill-i-noise law, some air rifles actually get classified as firearms, and technically subject to the waiting period.

    MC Sports over in Rockford actually has a sign up saying that airguns are subject to the waiting period. :barf:
     
  11. Kingcreek

    Kingcreek Member

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    I believe it was 1968.
    I had a phone conversation with the director of the Ill State Police- Firearm Division. I told him the FOID was useless, ineffective at curbing criminal use and an inconvenience to law-abiding gun owners. If it had any merit, all the other states would have adopted a similar system.
    He said they needed more money and manpower to make it work better.
    I have an even dozen shotguns, 10 rifles including ARs, M1As, and centerfire hunting rifles, and numerous handguns in several calibers. Why do I have to wait 3 days to pick up a .22 Browning Buckmark? I guess you never know, maybe the day I have a mental meltdown and launch a bloody rage on society, only a rimfire will do.
     
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