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 info rmation
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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