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July 29, 2005

Illinois Gov Closes "Loophole"

Well, it was in the wind... From the AP:


Gov. Rod Blagojevich signed into law Friday a measure that requires background checks on potential firearms buyers at gun shows, closing a loophole that police and others contend has been exploited by gangs and other illegal buyers.

Background checks are already required for people buying guns at licensed stores to ensure they don't have a criminal record that would bar them from possessing firearms.

The new law, which applies to unlicensed dealers, has long been sought by gun control advocates, police and even many gun owners.

[...]

The law, which takes effect immediately, requires gun sellers to ask state police for backgrounds on potential purchasers. If the buyer is approved, the sale must take place within 30 days.


I can't say I'm surprised. I've always been on the fence about the supposed loophole anyway. My problem has always been over the definition of "gun show" which in many such proposed bills could have simply meant a couple folks sitting in the living room or hanging out at the range. I don't know the language of this just passed bill.


Posted by Jeff Soyer at July 29, 2005 04:42 PM
Comments

There is no such thing as "an unlicensed gun dealer;" if you "deal" in firearms then you must have an FFL and are a "licensed dealer." "Casual seller" would be more appropriate.

Now, the question arises as to how does this casual seller contact the Illinois state police to do a background check? Is the ISP going to have a booth at the gun show? Only law enforcement can access the NICS system. Once the ISP gets the info on the buyer, who keeps the info that the sale is approved, and for how long? Are they going to require a 4473 for a casual sale and who will keep these forms? If the gun is used in a crime later, how does the casual seller prove he "sold" the gun at a gun show. Looks like there are a lot of problems with this.

You can bet the ISP is going to say "we don't have the manpower or the money to do this? Then what? Nothing but FFL dealer sales at gun shows? Thats what Blago and his anti gun friends want to see. I suspect the FFL dealers would be pleased too. Of course the legislature can always come up with a bill to provide money for this, usually in the form of a "gun tax." For $10, $15, $25, you name the price, the ISP will do the check and keep the money or maybe give it back to the legislature. In any event, the BIG loser in the new law, is the gun owner who will have one hell of a time trying to sell his gun at a gun show. Gee, he might even stop going and without attendees, you don't have a gun show --Think maybe this is what Blago really wants?

Posted by: William Noll at August 1, 2005 12:44 AM
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