Art said:
Looking at Post #9, this is the part which to me appears pertinent:
"(b) Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky or a non‑resident with a valid non‑resident hunting license, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a rifle, shotgun or ammunition for a rifle or shotgun in Illinois.
(c) Any transaction under this Section is subject to the provisions of the Gun Control Act of 1968 (18 U.S.C. 922 (b)(3))."
This says to me that a non-felon adult from Wisconsin can buy a gun in Illinois.
BUT: the text concerning 18 U.S.C. 922 (b)(3) speaks to a sale by a dealer, does it not? And not to a sale by a non-FFL person?
The 65/3 cite says to me that FFLs can sell from Illinois to a Wisconsite. I don't see where it says that unlicensed (non-FFL) individuals can sell across a state line.
So, to me, the bottom line is that Scorpion meets the buyer at a gun store in Illinois, where the 4473 stuff gets done.
Yes, Art, you are correct. That is why I said that Federal law makes the Illinois law 65/3 meaningless.
65/3 is meaningless for the following reasons:
1. There is no longer a requirement in 18 USC 922 that any state law exists in order to allow out of state residents to purchase long arms from FFLs. There WAS such a requirement in 18 USC 922 prior to 1986 and that is when those state laws came into being, was in order to comply with that requirement that existed in Federal law prior to 1986. An out of state purchase of a long arm from an FFL is only prohibited if there is an actual state law that prohibits it, but there no longer is required a state law that specifically allows it.
2. 65/3 prohibits nothing. An Illinois resident may be a long gun from an FFL in WI, ID, VT, WA, TX, etc... and they may buy ammunition in just about any state as well. And if an out of state resident from just about any other state meets IL requirements for purchasing a long gun from an Illinois FFL, they may do so, and they are not limited by those states mentioned in 65/3, because, again 65/3 does not prohibit anything.
3. 65/3 does not override Federal restrictions on out of state private sales. Federal law does not allow a WI person to buy a firearm in a private sale from an Illinois resident. That transaction is illegal at the Federal level regardless of if 65/3 would seem to allow it.
65/3 only exists because, prior to 1986, it was required by Federal law to exist in order to allow sales of long guns between contiguous states. In 1986 the Federal law was amended to remove the contiguous state requirement and to remove the requirement for a permissive state law to exist. In order to comply with the Federal law after 1986, Illinois was required to actually do nothing. They apparently chose to update 65/3 to update the quote of 18 USC 922, when, in actuality, they could have just repealed 65/3 altogether.
