Just seven days before a court-ordered July 9, 2013 deadline for the adoption of a law to allow the possession
of concealed handguns in Illinois, Governor Quinn used his amendatory veto
power on Ill. H.B. 183, sending the proposed concealed carry law back to the
General Assembly to consider his suggested changes. The Governor’s veto message
is available here.
The Governor’s suggested changes include:
1. Alcohol. The
bill would have allowed firearms in to a place that has certain percentage of alcohol
sales; the amendatory veto would prohibit firearms in any place where alcohol
is consumed, except for private residences and clubs.
2. Home Rule. The bill would have preempted the
authority of home and non-home rule units to regulate the possession and
ownership of assault weapons; the amendatory veto restores local authority to regulate
these weapons.
3. Signs. The bill would require owners of areas
where firearms are prohibited to post a sign; the amendatory veto will instead
require private property owners wishing to allow the carrying of concealed
firearms to post a sign indicating their permission, unless the property is a
private residence.
4. Employer’s Rights. The amendatory veto adds
provisions allowing an employer to prohibit the carrying of a concealed firearm
during any part of the employee’s employment, or on the employer’s property.
5. Limiting Number of Guns and Ammunition. The
amendatory veto will only allow licensees to carry one firearm and one
ammunition clip with up to 10 rounds.
6. Mental Health Reporting. The amendatory veto
clarifies that physicians and other health professionals report to the
Department of Human Services, and law enforcement and school administrators
report to the Department of State police, upon a determination that a person
poses a clear and present danger to himself, herself, or to others.
7. Definition of “Concealed.” The original bill
included partially concealed handguns as “concealed firearms,” but the
amendatory veto will require concealed firearms to remain completely concealed.
8. OMA. The meetings and records of the Concealed
Carry Licensing Review Board would have been exempt from the Open Meetings Act.
The amendatory veto would only allow deliberations regarding applicants to take
place in closed session.
9. Informing Law Enforcement of Carrying. The
amendatory veto adds that licensees must “immediately” inform law enforcement
that they are carrying a concealed firearm during an investigative stop.
Under the bill approved by the
General Assembly on May 31, units of local government would have just 10 days
following the effective date of the law to adopt regulations regarding the
possession or ownership of assault weapons. Timely adopted regulations would
survive the 10-day deadline, but otherwise State of Federal law would
exclusively regulate assault weapons. The amendatory veto would restore local
authority to adopt regulations for the possession and ownership of assault
weapons. Additionally, units of government that controlled prohibited areas
would have been required to post signs prohibiting concealed firearms; however,
the amendatory veto eliminates that requirement.
Even though these provisions were
removed in Governor’s amendatory veto, the original bill passed with enough
votes to override the veto in both houses. The General Assembly is expected to
take up the amendatory veto in a special session before the court ordered July
9, 2013 deadline. Accordingly, it would be prudent for municipalities
interested in regulating the possession or ownership of assault weapons to
prepare to take action, because their authority to adopt such regulations would
be preempted within 10 days following a veto override by the General Assembly.
Post Authored by Daniel J. Bolin, Ancel Glink