Liability question?

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  • Mgderf

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    With Illinois passing SB2226 limiting mag capacity. Do I have a liability selling to a Illinois shooter at my local gun show? How would I tell?
    I believe it is their responsibility.
    If you're abiding by Indiana laws you should be good to go.
    You shouldn't have to check residency of a patron.
    If they buy it here and take it somewhere else that's on them, not you.
    Just my opinion.
    IANAL
     

    bgcatty

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    Probably correct but remember nothing would prevent anyone from filing suit against the seller of the magazine were it to be used illegally in Illinois by an Illinois resident. They would certainly test the issue of liability in a court of law.
     

    bgcatty

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    Yes it may be legal in IN. But in a Court of Law in Anti 2A Illinois nothing would really stop a liberal trial judge allowing a suit to go forward in such a circumstance and letting it go up the chain to an appeals court. The plaintiffs claim might probably survive an SJ motion at the trial level. Thus allowing the suit to go on. Depends on the judge at that point in time.
     

    Lodge

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    Yes it may be legal in IN. But in a Court of Law in Anti 2A Illinois nothing would really stop a liberal trial judge allowing a suit to go forward in such a circumstance and letting it go up the chain to an appeals court. The plaintiffs claim might probably survive an SJ motion at the trial level. Thus allowing the suit to go on. Depends on the judge at that point in time.
    The law is always arguable. Any outcome is always possible. I'm with you on this. It All Depends...
     

    Lodge

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    With Illinois passing SB2226 limiting mag capacity. Do I have a liability selling to a Illinois shooter at my local gun show? How would I tell?
    Taking the lead from retailers, they limit their liability by not selling/shipping to regions where XYZ is prohibited by law.
    Why take the chance something goes South?
    Even a win is $$$
     

    thompal

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    Probably correct but remember nothing would prevent anyone from filing suit against the seller of the magazine were it to be used illegally in Illinois by an Illinois resident. They would certainly test the issue of liability in a court of law.

    The problem with this is that in Illinois, "using it illegally" means simply possessing it.
     

    Aszerigan

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    I had a reverse situation once. I went to a dealer in Illinois to buy powder. They asked me for my FOID card and, being an Indiana resident, I told them I didn't have one.

    He said, "Oh, Indiana, you're good," and promptly sold me the powder. Was it legal? I don't know, but if it goes one way...
     

    Remington 90T

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    Thanks for the input -- Will go with cash no receipt policy. --At 70 it's hard to keep up with all these new laws. At 12 I ordered my first shotgun from Sear and the mail man brought it to my front door. At 16 I bought my first 1911 - in and out in 20 minutes. The maze of laws we have to fallow is mind blowing.
     

    Usmccookie

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    I had a reverse situation once. I went to a dealer in Illinois to buy powder. They asked me for my FOID card and, being an Indiana resident, I told them I didn't have one.

    He said, "Oh, Indiana, you're good," and promptly sold me the powder. Was it legal? I don't know, but if it goes one way...
    I work in Chicago, my wives family and pretty much everyone we know reside in the south suburbs. I go shooting at indoor ranges all the time as an Indiana resident. 1 range had an issue with it, but they always let me shoot, buy ammo. I’ve even bought a couple guns, but they had to be shipped home, then picked up at my lgs.

    TLDR: I imagine it goes both ways
     

    Lpherr

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    We did all the time back in the day. Had to show ID and they could care less we were from Indiana.


    Now if an Indiana resident goes to Illinois and buys pot…
    Why travel to IL ? It's available right here in IN, wherever you look.
    It's all but impossible, to walk through a parking lot, and not smell marijuana.
    I can't step out my back door without smelling it. My neighbor, to the west, is constantly outside smoking it, and with the winds from that direction...
     

    Ark

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    As a generalization, Illinois cannot prosecute you for breaking Illinois laws in Indiana.
     

    BigRed

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    Thanks for the input -- Will go with cash no receipt policy. --At 70 it's hard to keep up with all these new laws. At 12 I ordered my first shotgun from Sear and the mail man brought it to my front door. At 16 I bought my first 1911 - in and out in 20 minutes. The maze of laws we have to fallow is mind blowing.


    Liberty is despised in the States these days.
     

    Bassat

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    Dec 30, 2022
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    Osceola, Indiana 46561
    I work in Chicago, my wives family and pretty much everyone we know reside in the south suburbs. I go shooting at indoor ranges all the time as an Indiana resident. 1 range had an issue with it, but they always let me shoot, buy ammo. I’ve even bought a couple guns, but they had to be shipped home, then picked up at my lgs.

    TLDR: I imagine it goes both ways
    You have wives? My condolences. I find having only one a struggle some times. I thought that was only legal in Utah?

    EDIT: I just noticed "my wives family" as in singular. You married multiple sisters? Please tell me it was more than 2. OOOOOOOOOOOOOOOHHHHHHHHHMMMMMYYYYYYYGOD!
     
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