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Johnny Rico

(1,438 posts)
Fri May 25, 2012, 12:05 PM May 2012

IL Bill Lets Amish Own Firearms Without Photo ID

http://www.guns.com/bill-lets-amish-own-firearms-without-photo-id-8180.html

A portion of an Illinois Senate Bill 1034 will allow members of a local Amish community to legally own firearms with a photo-less Firearms Owner ID card (FOID). The Amish tend to distance themselves from many pieces of modern technology. Firearms they're OK with, but they wish to avoid having pictures taken of themselves.

Earl Shrock, a representative of the Fairfield Amish Mennonite Church, explained, "The reason for non-photos is we don't want to have that lead to pride in our lives." That belief has led to some tricky situations because the Amish haven't been able to acquire FOIDs, a necessity to own a gun in Illinois. This new legislation will let them circumvent the whole camera problem in favor of fingerprints and other forms of documentation.

The police are also on board with the change. The absence of FOIDs may slow down the process a tad, but they should still be able to figure out who has a firearm license without too much difficulty. This amended detail begs the question, if the Amish can get away with not having a FOID on the grounds of religious reasons, can other Illinois non-Amish residents do the same?

The short answer is no. The language in the bill is very specific in that it has to be a religious exemption and those putting in the request are required to also submit an IRS Form 4029, which waives taxes that are not applicable to that religious group.

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Drale

(7,932 posts)
1. They can only use single shot muskets right?
Fri May 25, 2012, 12:10 PM
May 2012

Isn't that their thing, not using tech from after like 1840? I appoligize if I'm wrong, I don't know that much about Amish culture.

 

Scootaloo

(25,699 posts)
3. It's amazing just how far "religion" bends for "conveniance"
Fri May 25, 2012, 12:21 PM
May 2012

Just lik how it's amazing the lengths to which "law" will distort for "religion"

 

slackmaster

(60,567 posts)
6. Repeating firearms and fixed ammunition are not explicitly prohibited by the Ordnung
Fri May 25, 2012, 12:56 PM
May 2012

Amish farmers use electric fences.

They won't serve in the military, but they do use modern firearms for hunting, varmint control, and self-defense.

GreenStormCloud

(12,072 posts)
7. Not precisely.
Fri May 25, 2012, 01:46 PM
May 2012

They will use modern technology if it does not tempt a person into wrong conduct. For example, due to USDA regulations they will use modern dairy equipment but it must be run by their own generators, not by power lines connected to the outside world. So they would have no problem with modern rifles.

ManiacJoe

(10,136 posts)
4. If driver's license photos set the standard, then
Fri May 25, 2012, 12:46 PM
May 2012

the Amish would certainly not be taking pride in any photo on a government-issued ID.

 

slackmaster

(60,567 posts)
5. Requiring a license or payment of a fee to exercise a basic civil right is unconstitutional
Fri May 25, 2012, 12:52 PM
May 2012

I hope to see the FOID requirement go the way of poll taxes some day.

 

DanM

(341 posts)
8. Whatever happened to separation of church and state?
Fri May 25, 2012, 02:25 PM
May 2012

When you stand before the law, it should not matter what religion you are. In other words, the laws of our nation should not involve a question of what religion you are.

Otherwise, it's just a matter of time before Sharia is allowed because the applicant, plaintiff, defendant, etc. is Muslim.

Starboard Tack

(11,181 posts)
9. What do you mean by
Fri May 25, 2012, 03:12 PM
May 2012
Otherwise, it's just a matter of time before Sharia is allowed because the applicant, plaintiff, defendant, etc. is Muslim.

Allowed what? Do you have a problem with Muslims, or just Muslims who own guns? Or is it Sharia law that troubles you?
 

DanM

(341 posts)
12. Answers to you
Fri May 25, 2012, 04:38 PM
May 2012

"Allowed what?"

Allowed a different law or application of law, depending simply on religious affiliation.


"Do you have a problem with Muslims..."

My Muslim grandparents would say no, but their daughter (my mom) has jokingly said I'm too "American" sometimes when I criticize the fundementalists. I stand with my Muslim grandparents: I have no problem with Muslims. I am very Americanized however, and would have a problem with different laws or different applications of law based merely on one's religion, or any other discrepancy with the principle of separation of church and state. This issue of applying a different firearms-related law to the Amish, simply because they are Amish, is troubling. To illustrate, I simply included a hypothetical that I'm somewhat familiar with from my family background.

"...or just Muslims who own guns?"

Caring about a person having a gun and being a Muslim also, that would fall under having different law or application of law based on religion. I'm on record above as opposing that, so I have no problem with Muslims who lawfully own guns.


"Or is it Sharia law that troubles you?"

In this thread, I have taken no stance for or against Sharia. I am taking a stance against *different* laws or *different* application of laws based on a persons religion. My point is: *uniform* laws applied *uniformly*, no exceptions due to a person's religion.

 

Travis_0004

(5,417 posts)
13. So it sounds to me like the easiest way to solve this problem is to throw out the FOID.
Fri May 25, 2012, 06:10 PM
May 2012

Get rid of the FOID card, then nobody has to get a photo.

More to the point. I think your understanding of the 1st amendment is a bit wrong.

It says:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

So you are correct, that congress shouldn't be endorsing a religion, but the second part (or prohibiting the free exercise thereof) means that people should be allowed to follow their religion as closely as possible, even if it means different treatment. (assuming the accommodation is reasonable).

Since the Amish don't want to get photographed, for religious reasons, requiring a photo to get a firearm would prohibit them from exercising their second amendment right, so I think a fingerprint is perfectly reasonable).

Ill admit, I'm biased in the fact that I think having an ID card to buy a firearm is stupid and a waste of government time and money.

 

DanM

(341 posts)
15. I agree with your post except . . .
Fri May 25, 2012, 07:38 PM
May 2012

...of course, where you say my understanding of 1A is a bit wrong.

"[1A excerpt] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

"...the second part (or prohibiting the free exercise thereof) means that people should be allowed to follow their religion as closely as possible..."

You are correct up to this point.

"...even if it means different treatment. (assuming the accommodation is reasonable)."

This is not in the 1A. It does not secure "different treatment", "reasonable" or otherwise, under the law based on your religion. It merely secures you are not prohibited from "the free exercise" of your religion, presumably so long as you are not violating other constitutionally-sound laws. In fact, the government creating your "different treatment that is reasonable" based on a citizen's religion absolutely violates the prohibition against making law "respecting an establishment of religion".

The Amish cannot be accorded special firearms laws, apart from other IL citizens, simply because they are Amish and have a list of beliefs tied to their religion. That requires that the state make a "law respecting an establishment of religion" which is clearly prohibited for Congress to do and, through incorporation, the states are prohibited from that as well.

Glaug-Eldare

(1,089 posts)
16. That would have more to do with Equal Protection, not 1A
Fri May 25, 2012, 07:42 PM
May 2012

Granting religious accommodations is most definitely not establishment of a state religion. Nobody is compelled to worship in any particular way, and there is no official declaration of particular faith. Establishment of religion would be more along the lines of requiring public officials to be Catholic or something like that.

 

DanM

(341 posts)
18. Ok, that is a great point about the Equal Protection issue!
Fri May 25, 2012, 08:03 PM
May 2012

I firmly agree.

I understand your disquiet about fitting it to a 1A violation, though I would raise it were I an aggressive lawyer.

Let's leave my 1A violation questioning as at least "debatable" between us.

 

DonP

(6,185 posts)
10. "Thee shooteth tight groups"
Fri May 25, 2012, 03:56 PM
May 2012

Those ladies will have no problem keeping the rats out of the corn crib.

FOID cards are a bad joke pushed through before the NICS checks legislation, which they duplicate poorly.

But ... if anybody thinks a dead ass broke state like Illinois is, will ever give up even a "useless" $10 fee from 1.6 million citizens, they have another think coming.

 

DanM

(341 posts)
17. I think the smart anti-gunners have abandoned the "blood running in the <insert area>" rhetoric...
Fri May 25, 2012, 07:47 PM
May 2012

...seeing as how it NEVER happened the thousands of times they predicted it in the past as new pro-gun legislation freed up gun rights.

But, I'm sure there are plenty of new anti-gunners who aren't aware of or have ignored the failure of those kinds of predictions.

So, carry on educating them through satire using their own words.

oneshooter

(8,614 posts)
14. Amish homeowner hears a noise downstairs.
Fri May 25, 2012, 07:13 PM
May 2012

He gets his shotgun out and goes downstairs to investigate. In the kitchen he finds a bugler putting the family silver onto a bag. Pointing the shotgun at him, and pulling back both hammers, he tells the thief " Sir I would not harm thee for the world, but thou are standing where I am about to shoot."

Oneshooter
Armed and Livin in Texas

There is a small group of Amish families living 20miles north of me. They are great farmers and supply many local restaurants with fresh fruits/vegetables and herbs. As for "modern" conveniences, they plow with horse and mule, but have modern irrigation systems and hot houses.

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