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Tuesday, July 9, 2013

Veto Override Starts the Clock for Adoption of Local Assault Weapon Regulations

On July 9, 2013, the stay of the decision in Moore v. Madigan expired, striking down Illinois’ last-in-the-nation total ban on concealed guns. That same day, both houses of the General Assembly adopted a new gun law by overriding Governor Quinn’s amendatory veto of Ill. H.B. 183. In addition to establishing Illinois’ first law authorizing the possession of concealed handguns, this new law sets a July 19, 2013 deadline for local governments to adopt regulations regarding the possession or ownership of assault weapons. Regulations adopted after the 10-day deadline are preempted, and State or Federal law would exclusively regulate assault weapons. Regulations adopted before the deadline would be grandfathered in, and may be amended after the expiration of the deadline.
If a unit of local government wants to regulate the possession or ownership of assault weapons, whether it be an outright ban, a possession ban in locations not already prohibited by the Act, or a placeholder just to survive the 10-day deadline, the regulation must be adopted before July 19, 2013.
As the law is implemented, units of government that control prohibited areas, including schools, government buildings, and parks, will be required to post signs prohibiting concealed firearms. Additionally, local law enforcement objections to a concealed handgun license application on the grounds that an applicant is a danger to himself or herself or others, or a threat to public safety, must be made within 30 days after the applicant’s information is entered in to an Illinois State Police database. Local law enforcement wishing to make objections must monitor the database because the new law does not provide for notice that an application has been entered in to the database. Illinois State Police has a “Frequently Asked Questions” page about the new law available here.
Authored by Daniel J. Bolin, Ancel Glink


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