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Posted: 3/8/2006 11:08:36 AM EDT
I will be at the Indy 1500 next week and was wondering, do IL laws (wait period, etc) still apply to me or can I purchase under Indiana law? Do they even havea wait period or is it "cash and carry"

i havea C&R so taht stuff is already good to go, but if I find something like a WASR-3 will I need to buy it on day 1 to take it home on day 2 or 3?

Dawg
Link Posted: 3/8/2006 11:32:49 AM EDT
Day 2 you can take it home. 24 hour waiting period.
Link Posted: 3/8/2006 3:50:45 PM EDT
really? when did this change? I have bought a few rifles over in indy and it was cash and carry.
Link Posted: 3/8/2006 3:55:27 PM EDT

Originally Posted By Brokn:
really? when did this change? I have bought a few rifles over in indy and it was cash and carry.



Then you broke the law.

You can buy a long gun in Indianapolis, but you have to follow the Illinois law, which means abiding by the 24 hr wait for long guns.

As for handguns, they must be transferred to a dealer in Illinois.
Link Posted: 3/8/2006 4:01:39 PM EDT
that's just neat......(not being a smart ass) It has been a few years ago now. when I first got to collecting, I guess I should have checked the laws, but one would think that the show dealers would know the law....
Link Posted: 3/8/2006 4:35:45 PM EDT
[Last Edit: 3/8/2006 4:39:04 PM EDT by silascobb]
Dealers in states without waiting periods probably cannot fathom the idea of a waiting period...

ETA: By the way, I don't think the purchaser breaks the law when he takes delivery before 24 hours. Its only the Seller that breaks IL's law.


Sec. 24‑3. Unlawful Sale of Firearms.
(A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
[SNIP]
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made.



Now, of course, an argument could be made that the purchaser conspired with the seller to break the law.
Link Posted: 3/8/2006 5:18:17 PM EDT

Originally Posted By silascobb:
Dealers in states without waiting periods probably cannot fathom the idea of a waiting period...

ETA: By the way, I don't think the purchaser breaks the law when he takes delivery before 24 hours. Its only the Seller that breaks IL's law.


Sec. 24‑3. Unlawful Sale of Firearms.
(A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
[SNIP]
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made.



Now, of course, an argument could be made that the purchaser conspired with the seller to break the law.



You have a good point. I just don't know how much water it would hold with the jackasses in this state.

Either way, I'd say he's safe now, it's been awhile, and he hasn't had the ATF break down his door or shoot his dog.
Link Posted: 3/8/2006 7:44:16 PM EDT
ATF doesn't enforce state law.
Link Posted: 3/8/2006 8:39:35 PM EDT
Thanks guys, much appreciated.

I suspected that IL goverened us through some kind of reciprocity. I'll just plan on buying any longarm on Firday so I can go back an pick it up on Saturday, and any pistols will have to be C&R.

Fucked up how that works. It isn't like the ISP is doing a background check, but the dealer has to hold it anyhow. My guess is that the dealer who gave the guy above his rifle right away either didn't know, or didn't want to deal with teh hassle. I assuem in IN they just take down your DL number and hand you the gun?

Cripes, it is so wierd to think you can just walk out with a gun, or own and fire a machine gun just 45 minutes away from here. Growing up in IL you don't even realize what rights you have lost.

Anyhow, thanks for the info guys.
Link Posted: 3/9/2006 2:43:09 AM EDT

Originally Posted By Tim84K10:
ATF doesn't enforce state law.



Sorry, CAGE unit/ISP/local law inforcement.


I think I got the idea across.
Link Posted: 3/9/2006 4:55:42 AM EDT
Stand in front of the main door, and deal in the parking lot, there are no waiting periods over there so there are no sting opperations, just wheel and deal. and drive them home, like all the rest of them do.
Link Posted: 3/9/2006 7:00:59 AM EDT

Originally Posted By jrgunman:
Stand in front of the main door, and deal in the parking lot, there are no waiting periods over there so there are no sting opperations, just wheel and deal. and drive them home, like all the rest of them do.



I'd beg to differ.

When I was there, I had numerous people tell me they were selling from, "Private collections," no paperwork etc. When it was handguns I was looking at, I'd kindly inform them that I was from Illinois and that I couldn't buy a handgun in Indiana. Many truely didn't care. I'm sure at least one of them was an ATF agent. I wouldn't do something illegal even if you can get away with it. Worst case scenario, you'd do some time and never own a gun again. To me, the risk is just not worth it.
Link Posted: 3/10/2006 12:28:37 PM EDT

Originally Posted By silascobb:
Dealers in states without waiting periods probably cannot fathom the idea of a waiting period...

ETA: By the way, I don't think the purchaser breaks the law when he takes delivery before 24 hours. Its only the Seller that breaks IL's law.


Sec. 24‑3. Unlawful Sale of Firearms.
(A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
[SNIP]
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made.



Now, of course, an argument could be made that the purchaser conspired with the seller to break the law.



Yes, although as a law student I can tell you, the state of IL would have a hell of a time establishing personal juristiction on the dealer...

Basically what I'm saying is, yes its technically illegal, but the state of Illinois has no juristiction over a dealer who does his dealings outside of the state and resides outside of the state. but, I would not want to be the test case for this.
Link Posted: 3/10/2006 12:35:47 PM EDT

Originally Posted By Illinigunner21:
Yes, although as a law student I can tell you, the state of IL would have a hell of a time establishing personal juristiction on the dealer...

Basically what I'm saying is, yes its technically illegal, but the state of Illinois has no juristiction over a dealer who does his dealings outside of the state and resides outside of the state. but, I would not want to be the test case for this.



Law student, eh? Nice.

As a lawyer, yeah, I recognized that. But IL does have PJ over the buyer who conspired to violate IL law and is now returning home with his new purchase.

Nevertheless, the reality of it is that is very unlikely that (1) IL would ever even learn of the sale, and (2) would choose to expend its resources to prosecute.
Link Posted: 3/12/2006 8:24:57 AM EDT
I realize that law is a complex field, as are laws, but it just seems wrong to me that Springfield somehow has the hubris to try to regulate transactions in other states. It's almost comedic. Almost.
Link Posted: 3/12/2006 11:20:00 AM EDT
Well the law is not written to specifically include dealers in other states. It just doesn't exclude them. I think Illinigunner21 is right insofar as Illinois is probably NEVER going to try and enforce the waiting period law as to citizens of other states.

But because the law is still on the books, it would allow them to go after the IL citizen buyer who was complicit in the sale which violated the waiting period.
Link Posted: 3/13/2006 4:07:05 PM EDT
[Last Edit: 3/13/2006 5:39:11 PM EDT by Tim84K10]

Originally Posted By silascobb:

Originally Posted By Illinigunner21:
Yes, although as a law student I can tell you...



Law student, eh? Nice.

As a lawyer, yeah, I recognized that.



Wow, never thought I'd see this out of paul, but...

OWNED!
Link Posted: 3/13/2006 4:59:04 PM EDT
Yeah, but 99% of the time I'm still diplomatic.
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