U.S.A. — Gun owners in Illinois are dealing with a world of unconstitutional gun laws. Aside from the 2nd Amendment challenges to a semi-automatic firearm and magazine ban, which has gone through the southern and northern districts and is now in the Seventh Circuit Court of Appeals, they may also be dealing with a 5th Amendment violation issue. The gun and magazine ban does not just prohibit the sale of certain semi-automatic firearms and magazines; the ban also requires a self-registration registry. Registration requirements start in October.
The violation of the 5th Amendment rights of Illinoisans comes from this mandatory registration that is being put on gun owners with a deadline of January 1, 2024. The registration mandate requires gun owners to give the State a list of all their newly “illegal” guns. The registration mandate includes all “banned” semi-automatic firearms and parts. In other words, anything that the state of Illinois may consider an “assault weapon.”
That doesn’t seem right, does it? The state bans your perfectly legal (and in common use) guns & magazines and then makes you turn yourself in?
The state of Illinois seems to be forcing gun owners into self-incrimination, ignoring the protections allowed to American Citizens under the 5th Amendment.
The 5th Amendment reads: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or Naval forces, or in the Militia, when in actual service in time of war, or public danger; nor shall any person be subject for the same offense, to be twice put in jeopardy of life, or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Attorney Thomas Maag, who will be filing documents in court against the state of Illinois within the next few weeks, said, “We are actually working on a motion on the 5th Amendment argument as we speak. Frankly, we’re really concerned when this whole registration period starts if it’s not previously enjoined, that, with the vagueness, with a whole host of issues, people would be incriminating themselves.”
Attorney Thomas Maag had previously filed the 5th Amendment argument as part of his previous challenge in the Southern District, but it had been postponed, so the law is currently in effect.
Maag will be filing that 5th Amendment challenge in the hopes of protecting gun owners from having to incriminate themselves and face criminal consequences if they don’t register. We will most likely see this work its way through the courts. With any luck this could possibly get a preliminary injunction on the registry component of this law before it goes into effect in October.
About Dan Wos, Author – Good Gun Bad Guy
Dan Wos is available for Press Commentary. For more information contact PR HERE
Dan Wos is a nationally recognized 2nd Amendment advocate, Host of The Loaded Mic and Author of the “GOOD GUN BAD GUY” book series. He speaks at events, is a contributing writer for many publications, and can be found on radio stations across the country. Dan has been a guest on Newsmax, the Sean Hannity Show, Real America’s Voice, and several others. Speaking on behalf of gun-rights, Dan exposes the strategies of the anti-gun crowd and explains their mission to disarm law-abiding American gun-owners.
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