Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter


Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Tuesday, July 2, 2013

Governor Sends Amendatory Veto of Illinois Concealed Carry Law

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


Post a Comment