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State bureaucracy causing problems for gun owners
Daily Journal ^ | 3 February, 2009 | Pete Nickeas

Posted on 02/04/2009 3:45:55 AM PST by marktwain

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This is why registration of guns or owners is so anti-constituitonal. The gun owners only need to do nothing, and they have become criminals. Even if they take the proper steps, and the *state* fails to do the paperwork, they become criminals. Becoming a criminal is the default state, once registration is enacted.
1 posted on 02/04/2009 3:45:55 AM PST by marktwain
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To: marktwain
Gun owners can't go shooting, can't go hunting, can't buy ammo, and can't legally own a gun

WTF? That is ridiculous and can't be constitutional.

2 posted on 02/04/2009 3:51:48 AM PST by doodad
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To: marktwain

As the saying goes, you can’t control free men, so you have to turn everyone into a criminal.


3 posted on 02/04/2009 3:53:18 AM PST by thecabal (Keep The Change)
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To: marktwain

Yet another reason why I refuse to live in or visit the People’s Republic of Stalinois.


4 posted on 02/04/2009 3:54:25 AM PST by Prole (Please pray for the families of Chris and Channon. May God always watch over them.)
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To: marktwain

The red tape and difficulties could very well be by the design of a self righteous bureaucrat with an attitude.

Illinois has always been hostile to firearms ownership. I’m so glad I left that sorry excuse for a state years ago.


5 posted on 02/04/2009 4:03:10 AM PST by AIM-54
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To: marktwain

My son and I have been waiting four months for our C.C.W. license.
Course the damn state of Florida cashed our checks in three days.


6 posted on 02/04/2009 4:09:15 AM PST by Joe Boucher (An enemy of Islam)
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To: marktwain

We had some Circuit Court judges here in VA that were holding up CCW permits the same way. We got a law passed saying if the permit wasn’t issued in 45days then a certified copy of the permit application will be acceptable as a defacto permit until the application is approved or denied (within 90 days of application date by law).


7 posted on 02/04/2009 4:27:20 AM PST by P8riot (I carry a gun because I can't carry a cop.)
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To: marktwain

IMO, the whole FOID notion is unconstitutional. The Second Amendment is really very clear. FOID represents another path of infringement, and is susceptible to abuse/negligence as demonstrated in this article. If the issuing authority is unable (by design or happenstance) to complete the timely ‘renewal’ the unfortunate firearm owner is placed in the position of breaking the law, not by his own hand.

This kind of interference in the people’s lives is absurd.


8 posted on 02/04/2009 4:27:47 AM PST by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2013: Change we can look forward to.)
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To: Joe Boucher

My wife and I are waiting for handgun purchase permits in NJ - by law they must approve or deny within 30 days. It’s been 8 weeks so far.


9 posted on 02/04/2009 4:49:39 AM PST by whatexit
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To: whatexit

come on whatexit,
you should know laws are for the little people.
NOt govt.

Wife is from teaneck by the way.


10 posted on 02/04/2009 4:55:46 AM PST by Joe Boucher (An enemy of Islam)
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To: Joe Boucher
"Course the damn state of Florida cashed our checks in three days.

You don't need a CCW to purchase or own a gun in Florida. At least you can get a CCW here even if it is taking a little longer than the normal 120 days. BTW if you don't like living in this damn state than you can always move somewhere else.

11 posted on 02/04/2009 5:10:19 AM PST by bruoz
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To: marktwain
The state's tardiness leaves some otherwise law-abiding firearm owners vulnerable to criminal charges because FOID cards often expire while the state police are still processing renewals.

The Illinois State Police agency is required by law to process FOID applications within 30 days. But the process is taking up to 60 business days, according to agency spokesman Lt. Scott Compton.

"Gun owners can't go shooting, can't go hunting, can't buy ammo, and can't legally own a gun. They're caught in a problem with the state police not complying with their own law," said Richard Pearson of Chatsworth, executive director of the Illinois State Rifle Association.

Under certain scenarios an otherwise law-abiding gun owner without a valid FOID card could be charged with a felony punishable by up to three years in prison, said Todd Vandermyde, a Springfield lobbyist for the National Rifle Association.

Even people who keep guns locked away in their homes while they await their FOID renewal are in technical violation and can be charged with a misdemeanor.

This is why registration of guns or owners is so anti-constituitonal. The gun owners only need to do nothing, and they have become criminals. Even if they take the proper steps, and the *state* fails to do the paperwork, they become criminals. Becoming a criminal is the default state, once registration is enacted.

The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

Ayn Rand

Mark

12 posted on 02/04/2009 5:27:20 AM PST by MarkL (Do I really look like a guy with a plan?)
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To: Joe Boucher
Sorry for the leave comment. The same people that process the FCW license also issue the security D and statewide G licenses. I just got my D & G licenses after a four month wait. I have had a FLCWL here for 20 years. My LEO contacts tell me that lately the FBI is taking its sweet time processing the fingerprint cards.

Considering that Florida is the fourth most populated state in the country our firearms laws are VERY liberal. I hope we can keep it that way.

13 posted on 02/04/2009 5:44:29 AM PST by bruoz
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To: doodad

re: WTF? That is ridiculous and can’t be constitutional.

So? What’s your point? If you don’t have at least $100,000 and a willingness to spend time in jail then years and years trying to get your conviction overturned then you have little choice but to go along with it.

What a terrible state of affairs when the State can fail to comply with a law and then charge the innocent party with a crime.


14 posted on 02/04/2009 5:49:21 AM PST by jwparkerjr (God Bless America!)
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To: whatexit

The law SHOULD be that the default outcome of an application is approval. That would put a burr under their saddle to get the work done!


15 posted on 02/04/2009 5:50:56 AM PST by jwparkerjr (God Bless America!)
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To: Joe Boucher

Four months? Ow. It’s only been one for me so far and I really hope I get mine before April.

At least Florida lets you have a loaded gun in the car without a CCW


16 posted on 02/04/2009 5:53:12 AM PST by JenB
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To: marktwain
I sent my FOID renewal in 8 weeks before it was to expire.

I got it back from the Illinois State Police 1 week AFTER it expired. A buddy at worked waited 62 days for his.

And while IL law says it 'shall' be processed within 30 days, absolutely NO penalties are attached to that law. Therefore the ISP can take however long they please without fear of any legal penalty.

So what good is there stupid Law?

L

17 posted on 02/04/2009 5:55:17 AM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: jwparkerjr

I guess my point is that in light of the Heller decision that a lawsuit might do some good.


18 posted on 02/04/2009 6:22:17 AM PST by doodad
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To: marktwain
Even if they take the proper steps, and the *state* fails to do the paperwork, they become criminals.

And not just a criminal but a felon!

Going through life with felony convictions closes a lot of doors, not to mention a felon can't possess a gun anywhere, in any state!

19 posted on 02/04/2009 6:33:56 AM PST by Drew68
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To: MarkL
Even people who keep guns locked away in their homes while they await their FOID renewal are in technical violation and can be charged with a misdemeanor.

To buy a firearm or ammo, or to transport an assembled firearm on a public right of way, the statute explicitly requires a current and valid FOID. To merely possess a firearm within one's dwelling, the statute requires a FOID previously issued by the state police. The use of the terms "current and valid" in one context but not the other has a logical meaning.

20 posted on 02/04/2009 6:34:34 AM PST by supercat (Barry Soetoro == Bravo Sierra)
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