What’s Concealed in New Illinois Gun Bill?
On
June 5, 2013, the General Assembly sent Illinois Illinois
As
the Governor reviews this legislation, Illinois
Section
90. Preemption.
The regulation, licensing, possession, registration,
and transportation of handguns and ammunition for handguns by licensees are
exclusive powers and functions of the State. Any ordinance or regulation, or
portion thereof, enacted on or before the effective date of this Act that
purports to impose regulations or restrictions on licensees or handguns and
ammunition for handguns in a manner inconsistent with this Act shall be invalid
in its application to licensees under this Act on the effective date of this
Act. This Section is a denial and limitation of home rule powers and functions
under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Firearm Concealed Carry Act).
Therefore,
a city, village, or other unit of local government may not impose restrictions
on licensees that are inconsistent with the Act. For example, the City of Chicago
Bans on assault weapons are also preempted; however, existing bans, and bans enacted within 10 days after the effective date are grandfathered in.
(430
ILCS 65/13.1)
(c) Notwithstanding
subsection (a) of this Section, the regulation of the possession or ownership
of assault weapons are exclusive powers and functions of this State. Any
ordinance or regulation, or portion of that ordinance or regulation, that
purports to regulate the possession or ownership of assault weapons in a manner
that is inconsistent with this Act, shall be invalid unless the ordinance or
regulation is enacted on, before, or within 10 days after the effective date of
this amendatory Act of the 98th General Assembly. Any ordinance or regulation
described in this subsection (c) enacted more than 10 days after the effective
date of this amendatory Act of the 98th General Assembly is invalid. An
ordinance enacted on, before, or within 10 days after the effective date of
this amendatory Act of the 98th General Assembly may be amended. [ . . . ] For the
purposes of this subsection, "assault weapons" means firearms
designated by either make or model or by a test or list of cosmetic features
that cumulatively would place the firearm into a definition of "assault
weapon" under the ordinance.
This
legislation is effective upon becoming law, so municipalities that want to enact a ban
on assault weapons would have to act quickly if Governor Quinn signs the bill into
law. Municipalities, which sometimes meet only once or twice a month, are not
relieved from the notice and agenda requirements of the Open Meetings Act. Lt.
Gov. Sheila Simon has already called on home rule units to act quickly to ban
assault weapons. Some municipalities might choose to exercise their police
powers to regulate assault weapons on or before the 10-day statutory deadline.
Governor Quinn recently called a special session beginning June 19, 2013, and
there is speculation that an amendatory veto could be in the works. That could send this legislation back to the
General Assembly with the final July 9, 2013 deadline looming on the horizon. Nevertheless,
this sweeping preemption could become a part of the final law, and interested
municipalities should be prepared to act quickly.
Post Authored by Daniel J. Bolin, Ancel Glink (Happy Birthday Dan!)
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