First example / Their rules
http://www.ammoland.com/2012/01/31/diplomatic-carry-new-ideas-are-scary-for-some/
Diplomatic Carry – New Ideas are Scary for Some
Tuesday, January 31st, 2012 at 9:57 AM
PHOENIX, AZ --(Ammoland.com)- Officials travel armed. When a contingent of our officials visits any other country, they bring armed personnel in classic right-to-bear-arms manner.
Life is dangerous and the ability to protect yourself is a reasonable and prudent thing, a fundamental human right of existence, a moral imperative.
So they go armed. It’s only rational. Hillary and similar bring along enough firepower that if some of their group go one way while some head off in another, they’re both covered.
The same is true in reverse. When an ambassador from Trashcanistan comes to the United States, discreetly armed bodyguards accompany the party at all times, “laws to the contrary notwithstanding” [and this includes all of New York City]. That’s lawyer-speak for “their right to carry supersedes any other rules,” or in plainer English, “We’re above those laws.” The ambassador might decide to personally carry too. I’m guessing Hillary does not.
There’s this whole “second system” of gun possession and carry here domestically, another layer of rules on top of the common ones you must follow, operating quietly with people in the know cooperating.
Where are the laws for this exception to every gun law on the U.S. books? How does this special class of people exempt themselves from laws controlling the rest of us?
No one is harmed by their exemption. In fact, community safety increases, because assaults on those armed people are naturally deterred, even defensible if needed.
Should we the people maybe have Diplomatic Carry too?
Is a diplomat’s life truly at more risk — or worth more — than any “commoner”? How does this comply with equal protection under the law?
Local authorities understand implicitly that these armed folks aren’t going to randomly shoot people, or settle arguments with gunfire, the same as you and me when we’re armed. They enjoy proper respect (even if they come from regimes that don’t deserve it).
We on the other hand have rights denied haphazardly, even with Constitutional Carry. As good as it is, Constitutional Carry is not enough.
Americans need and deserve the next step, Diplomatic Carry.
The body politic moves slowly. After several decades of experience, police nationwide understand and operate just fine within a framework of millions of people traveling armed. As the number of people carrying arms for crime control has increased, assaultive crimes have decreased. The media generally calls this “a surprising decrease in crime that has the experts baffled.” All these people are walking around armed, expressly to forestall crime, and the media can’t understand why crime has dropped. But I digress.
Oh sure, armed forces within the U.S. — from local police to secretive agents our government is now filled with — keep a watchful eye on the armed diplomats, as well they should. They also provide backup in the event of need. The same as for us.
But in the big picture, diplomats have less need for an ever-present armed escort than the public. A rare few diplomats face death at the hands of the mobs. Thousands of citizens are murdered each year. Who needs protection more?
The freedom of Diplomatic Carry, a concept many of us can easily grasp, is mind boggling to the great unwashed. So insulated from any truth about firearms, victims of television and the government-run school system, they have imbedded ignorance that is hard to shake. Destructively misinformed kids and teachers compound the problem. I digress again.
Now, Diplomatic Carry is not going to happen overnight. Many voices will be raised in objection to such freedom.
And unfortunately, some opposition will come from people who consider themselves firearms enthusiasts. Establishing everyone’s uninfringed freedom to carry is scary, at least to some. But that’s OK. Real freedom is a house high on a hill.
Diplomatic Carry is a paradigm shift. A window into a world that could be, and ought to be, a lofty goal. Your right to your life and its protection cannot morally be denied. It is denied only by force, and there is only one viable countermeasure to force unfortunately, in this best of all possible worlds, and that’s countervailing force. I don’t like it, but there it is.
Diplomatic Carry is a new level of autonomy, of personal sovereignty. It raises the bar. In this country, the people are the sovereigns and the government is the servant. How do you justify the servants carrying arms if the masters cannot?
The only consistent position for free people to take is this: Anything short of Diplomatic Carry is infringement.
I am in the process of dissecting the legal framework that enables Diplomatic Carry, and modeling an approach for extending those principles to the public. Conceptually this is sound. Pragmatically it is an uphill climb, but as Americans we know that anything can be climbed. I’ll have early results soon in my blog, PageNine.org. Sign up to stay informed.
Copyright 2012 Alan Korwin
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>>>>>>>>> NOTE: court overturned gun laws in Illinois. Conceal Carry to be passed by July 9th 2013. We will see......<<<<<<<<
Second example / the people's rules
How to Apply for an Illinois Firearm Owner's Identification (FOID) Card
Read more: How to Apply for an Illinois Firearm Owner's Identification (FOID) Card | eHow.com http://www.ehow.com/how_5715547_apply-owner_s-identification-_foid_-card.html#ixzz1koXOCKU7
All residents of Illinois who want to purchase or possess firearms or ammunition must have a current Firearm Owner's Identification (FOID) card. That means you can not buy, be given as a gift or bring a firearm into the state without first obtaining the FOID. The regulations say that the Illinois State Police shall approve or deny the application within 30 days, but they can return the application to you for clarification then start the 30 day clock over when the revised application is received. If you plan to acquire a firearm or even think you might, it is best to apply as far ahead of time as possible.
http://www.lcav.org/content/mlwaitingperiodsprint.asp
Waiting Periods
Laws imposing "waiting periods" require that a specified number of days elapse between the time a firearm is purchased and it is physically transferred to the purchaser. The purpose of a waiting period is to: 1) give law enforcement officials sufficient time to perform a background check; and 2) provide a "cooling off" period to help guard against impulsive acts of violence.
Federal Law
There is currently no federal waiting period. When the interim provisions of the Brady Handgun Violence Prevention Act of 1993 went into effect on February 28, 1994, federally licensed firearms dealers were required to wait five business days before transferring a handgun to a buyer. This was not a true waiting period, however, because it did not apply if the dealer received notice before the end of the five-day period that the transfer would not violate federal, state or local law. 18 U.S.C. § 922 (s)(1).
On November 30, 1998, the permanent provisions of the Brady Act went into effect, establishing the National Instant Criminal Background Check System (NICS). Under NICS, a dealer may transfer a firearm to a prospective purchaser as soon as he or she passes a background check. If the FBI is unable to complete a background check within three business days, the dealer may complete the transfer by default. 18 U.S.C. § 922 (t)(1).
Federal law does not require private sellers to perform background checks on gun purchasers. Accordingly, persons purchasing firearms from private sellers may take immediate possession of their weapons, unless state law provides otherwise. For more information regarding this issue, see the Background Checks and Private/Secondary Sales sections.
State Laws
Although most states follow the minimum requirements for firearm sales established by the Brady Act, the following states currently have laws requiring waiting periods: Alabama, California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Jersey, Rhode Island, South Dakota, and Wisconsin. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Survey of State Procedures Related to Firearm Sales, Midyear 2000 (May 2001). Those waiting periods range in length from one to fourteen days. Id.
In some states, the waiting period coincides with the time allowed for the completion of a background check, i.e., a firearm must be transferred once that period expires, even if the check has not been completed. In other states, waiting periods and background checks are treated separately. California, for example, has a ten-day waiting period and no outside time limit for the completion of a background check, provided the dealer receives proper notice of the delay.
What are the Gun Laws in Illinois?
http://crime.about.com/od/gunlawsbystate/p/gunlaws_il.htm
Rifles and Shotguns
•Permit to purchase rifles and shotguns? FOID Required.*
•Registration of rifles and shotguns? No**
•Licensing of owners of rifles and shotguns? FOID Required.*
•Permit to carry rifles and shotguns? FOID Required.*
Handguns
•Permit to purchase handgun? FOID Required.*
•Registration of handguns? No.**
•Licensing of owners of handguns? FOID Required.*
•Permit to carry handguns? No***
* Subject to municipal control. Handguns have been banned in some municipalities.
** Chicago requires registration of all firearms.
*** Carrying a concealed weapon is prohibited entirely. A FOID is required to transport a handgun. See "Carrying."
Purchase
A buyer is required to show his Firearms Owner’s Identification Card (FOID) when purchasing any firearms or ammunition. Any seller is required to withhold delivery of any handgun for 72 hours, and of any rifle or shotgun for 24 hours, after the buyer and seller reach an agreement to purchase a firearm.
The waiting period does not apply to a buyer who is a dealer, law enforcement officer, or a nonresident at a gun show recognized by the Illinois Department of State Police.
The seller must retain for 10 years a record of the transfer, including a description of the firearm (including serial number), the identity of the buyer, and the buyer’s FOID number.
A federally licensed dealer must contact the Department of State Police for a background check, for which there is a $2.00 fee. Any sales at gun shows, including dealers and private parties, must contact the state police for a background check.
Private parties selling firearms at gun shows must ensure the buyer has a FOID card and the buyer must undergo a background check. It is unlawful to sell or give any handgun to a person under 18, or any firearm to a person who is not eligible to obtain a FOID.
Requirements for Foid
Application for a FOID is made to the Illinois State Police, FOID, P. O. Box 19233, Springfield, IL 62794-9233. Application forms can be obtained online at http://www.isp.state.il.us or by calling the Firearm Owners IdentiAn applicant is entitled to a FOID if he:
•Is over 21 years of age. If under 21, he must have the written consent of his parent or guardian. In such case, the guardian himself must not be ineligible for a FOID, and the applicant must never have been convicted of a misdemeanor or adjudged a delinquent.
•Has never been convicted of a felony.
•Is not a narcotics addict.
•Has not been a patient in a mental hospital in the preceding five years.
•Is not mentally retarded.
•Is not an alien who is unlawfully present in the United States.
•Is not subject to an existing order of protection prohibiting the possession of a firearm.
•Has not been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed.
•Has not been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998.
•Has not been convicted within the past five years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998.
An applicant for a FOID must consent to the Department using the applicant's digital driver's license or Illinois ID card photograph, if available, and signature on the FOID, and must furnish the Department with his driver's license or Illinois ID card number.
The Department must approve or deny the FOID within 30 days and is authorized to deny the FOID only if the applicant does not meet the listed qualifications. The FOID is valid for five years from the date of issuance. The Department shall forward to each FOID holder, a notice of expiration and a renewal notice application, 60 days prior to expiration.
A FOID may be revoked and seized if the holder made a false statement on the application, is no longer eligible, or whose mental condition poses a clear and present danger to self, others, or community.
Possession
•It is unlawful to possess any firearm or ammunition without a valid FOID.
•It is unlawful for any person under the age of 18 to possess a handgun, or concealable firearm.
•It is unlawful for any person to possess any firearm with intent to use it unlawfully against another.
•It is unlawful to possess any rifle having one or more barrels less than 16" in length or a shotgun having one or more barrels less than 18" in length or any weapon made from a rifle or shotgun, if such weapon as modified has an overall length of less than 26 inches.
•It is unlawful to possess any firearm in any place licensed to sell intoxicating beverages, or at any public gathering (except a gun show) at which an admission is charged. An exception is provided for the owner, manager or an authorized employee of the establishments.
•It is unlawful for the following persons to possess a firearm or ammunition:
1. Under 21 who has been adjudged delinquent or been convicted of a misdemeanor other than a traffic offense.
2. Narcotic addicts.
3. Within the past five years has been a patient in a mental hospital.
4. Mentally retarded.
5. Convicted felon.
•A person with a FOID card can loan a gun to a non-FOID card owner as long as the gun was used at a range and under the supervision of the owner.
•It is unlawful to possess firearms or ammunition at schools. Exempt include students in firearm training courses, parades, hunting, target shooting on school ranges.
Note: In Chicago it is unlawful to keep any firearm unless it has been registered with the Chicago Police.
Carrying (Residents Only)
It is unlawful to carry or possess any firearm in any vehicle or concealed on or about the person, except on one's land or or fixed place of business.
It is unlawful to carry or possess any firearm on any public street or other public lands within the corporate limits of a city, village, or incorporated town, except when: an invitee thereon or therein, for the purpose of the display of firearms or the lawful commerce in firearms.
Exceptions are persons using their firearms on established target ranges; licensed hunters, trappers, or fishermen while engaged in their licensed activity; transportation of firearms that are broken down in a non-functioning state or are not immediately accessible, and transportation, carrying, or possession of a firearm which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid FOID.
Under the Wildlife Code, it is unlawful to have or carry any firearm in or on any vehicle or conveyance unless unloaded and enclosed in a case.
Miscellaneous
It is unlawful for any person to store or leave a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a FOID is likely to gain access to the firearm without the lawful permission of the parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:
1. Secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable, or
2. Placed in a securely locked box or container, or
3. Placed in some other location that a reasonable person would believe to be secure from a minor.
ATF to Require Information on Frequent Gunbuyers in Border States
please note state under photo: is NY on the border?
In this June 19, 2010 file photo, AK-47 assault rifle cartridges fill a box at a gun and knife show in White Plains, N.Y.
The new policy comes amid criticism of a failed federal probe aimed at dismantling large-scale arms trafficking networks along the Arizona border with Mexico.
http://www.infowars.com/new-jersey-bill-aims-to-ban-all-handgun-some-rifle-ammo/
New Jersey bill aims to ban all handgun, some rifle ammo
Aaron Dykes
Infowars.com
January 28, 2012
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