Illinois Proposed Standard Capacity Magazine Ban is Unenforceable and Unworkable

Published by the LearnAboutGuns.com Author on May 14, 2008 at 9:44 pm
LearnAboutGuns.com > Gun Related News > Illinois Proposed Standard Capacity Magazine Ban is Unenforceable and Unworkable

SB-1007, the ban on standard capacity magazines that is being considered in Illinois, is both unenforceable and unworkable, as the ISRA reports:

Some of the many problems with this proposed ban on standard capacity magazines are:

Competitors and shooters at the range tend to loan each other gear from time to time, including magazines, just as friends loan each other baseball bats, hockey sticks, and SCUBA diving gear. Under SB-1007 anyone who “delivers” a magazine that holds more than 10 rounds commits a crime. This would include the loaning of a magazine to a friend.

SB-1007 would prevent Illinois manufacturers from making and selling their standard magazines for rifles and handguns to 44 other states that do not regulate the sale of magazines. Illinois manufacturers would be at a disadvantage to other manufacturers who would still be able to sell their products in those other states with standard capacity magazines. This would force those manufacturers to move to remain competitive in their sales to the other 44 states.

Magazines do not have serial numbers. When confronted by law enforcement, the burden of proof will shift to the gun owner to prove that they did indeed own the magazine in question prior to the date SB-1007 became law. It also presents a problem for law enforcement in proving that the magazine in question was purchased after the that date.

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Last year newspaper reports show that one gang member went to Indiana to obtain a rifle and handgun with a phony ID. Gangs and others will simply cross state lines and buy magazines, and bring them back. You don’t need an ID or FOID card to buy a magazine.

Under SB-1007 it is illegal to transport a “high capacity” magazine unless it is unloaded and enclosed in a case, not immediately accessible or broken down in a non- functioning state. An empty pistol magazine on the floor of a pick-up truck with no firearm present, would be a criminal offense. Current law only places restrictions on ammunition when a firearm is present. SB-1007 allows for criminal penalties for mere possession of magazines and ammunition when no firearm is present.
The above issues are just a few of the reasons to oppose SB-1007.  More information about the problems with SB-1007, courtsey of the ISRA, can be seen here.

Please don’t forget to take further action to protect our gun rights.

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