Second Amendment Legislative News

April 2019 Legislative Report

By all accounts the Illinois Gun Owners Lobby Day (IGOLD), held Wednesday March 27, 2019, was a great success with a huge turnout. Some estimates put the crowd beyond 7,000 2nd Amendment supporters gathering and marching to preserve their rights. As of late March, there doesn’t appear to be much progress on the many anti-gun legislative proposals at the state level. Some of the more disturbing proposals were SB 107, the semi-auto firearm ban, SB 121, which would add a .01 cent tax to every single ammunition cartridge sold in Illinois, and  HB 888, which would require all FOID applicants to submit to the state a list of their social media accounts so they may be reviewed prior to obtaining a FOID or a firearm. All of these bills are in one or more committees, which at this point in the legislative session would appear they are not going to be moved on this session. When asked what happened to stall these proposals, we were advised “they were not priorities of this administration.” Frankly, the only reason they are not a priority is because there are only so many days when the legislature is in session and currently they are trying to determine which of your taxes to raise and by how much. With a super majority in both branches of the legislature and the Governor’s office, the anti-gun crowd know they can always revisit these bills if they desire. We are safe for the moment but must remain active and vigilant.


On a positive note, 0n March 22 Illinois gun owners scored a major victory as the Lake County Circuit Court threw out the Village of Deerfield’s attempt to ban so-called “assault weapons” and “high capacity magazines” within village limits (Easterday VS Village of Deerfield).
 

The court found that Deerfield's attempt to amend an existing firearm ordinance was a violation of state law. The ordinance would have allowed local authorities to confiscate and destroy semi-automatic rifles and standard capacity magazines possessed within village limits. The challenge was originally filed in 2018 by Guns Save Life with support from the NRA and a companion suit filed by the Second Amendment Foundation and the Illinois State Rifle Association was joined to the original by the court.

In addition, in one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment. The case is Duncan vs. Becerra.

The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’ decision and sent the case back to him for further proceedings on the merits of the law itself. 


Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared. 


In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases. 


Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.” He also systematically dismantled each of the state’s purported justifications for the law, demonstrating the factual and legal inconsistencies of their claims. This is great news for firearms owners all over the United States, not just California. 


As membership in the National Rifle Association (NRA) is mandatory for membership in the ALGC, please make sure you renew your membership when it is due. In addition, the Illinois State Rifle Association is a fantastic organization which fights for your rights every day and is deserving of your membership if you are not already a member. You can be certain the anti-gun people give huge monetary donations to candidates who support their agenda. In order to protect our rights, we as supporters of the 2nd Amendment need to support those candidates who fight for us. In addition, you can be certain those who are working against us take notice when they see membership numbers of the NRA and ISRA grow. Please do what you can to help preserve our rights.


Pat Keen

ALGC Legislative Director

 

March 2019 Legislative Report

The Illinois legislature has been very busy in the last few weeks, successfully passing into law bill which raises the minimum wage in Illinois, and they are working on other legislation to increase taxes, legalize recreational use of cannabis and many other issues. Regarding firearms, SB 107, sponsored by Senator Julie Morrison (D-29), would brand many modern semi-automatic rifles, semi-automatic handguns, and shotguns commonly owned by law-abiding citizens as “assault weapons” and ban them along with spare parts and accessories.


Some examples to be banned include:

  • Any semi-automatic rifle or handgun that can accept a detachable magazine greater than ten rounds in capacity and has one or more features, such as a protruding grip for the support hand; a folding, telescoping, or thumbhole stock; a handguard; or a muzzle brake or compensator.
  • Any semi-automatic shotgun that has one or more feature such as the ability to accept a detachable magazine; a folding, telescoping, or thumbhole stock; or a protruding grip for the support hand.
  • Any fixed magazine semi-automatic rifles or handguns greater than ten rounds in capacity and fixed magazine semi-automatic shotguns greater than five rounds in capacity.
  • Any shotgun with a revolving cylinder.
  • Any part or accessory that would configure a firearm as above.
  • Any firearm listed here by name or their duplicates.
  • SB 107 would have limited exemptions, such as allowing those who lawfully own banned firearms prior to register and keep them.  This exemption would not extend to banned parts and accessories, so owners would not be able to keep spare parts and accessories to reconfigure their firearms for different uses.


Status: This bill has been assigned to the Judiciary Committee but there has been no action taken since January 31. Another much talked about proposal, this time from Representative Dan Didech, HB 888 amends the Firearm Owners Identification Card Act. It provides that the Department of State Police shall conduct a search of the purchasers' social media accounts available to the public to determine if there is any information that would disqualify the person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. Provides that each applicant for a Firearm Owner's Identification Card shall furnish to the Department of State Police a list of every social media account.  This bill was advanced to the Firearms and Firearms Safety Sub-committee on February 19th. 


These are just a few of the many new proposals in the 2019 Spring legislative session which attempt to curb our 2nd Amendment rights. Quite a few of them have been submitted several years in a row and always fail to gain traction for one reason or another. At the time of this update, early March, there is plenty of time for the legislature to get serious about some of these proposals before the session ends. 


The annual Illinois Gun Owners Lobby Day will be Wednesday March 27 at the Bank of Springfield (Convention Center). Doors open at 10:30 a.m. and the program will begin at 11:45 a.m. The keynote speaker will be David Keene, former NRA President. 


At the national level, the U.S. House of Representatives passed H.R. 8, a bill which would mandate Universal Background checks prior to selling someone a firearm, even private transactions. Prior to passing out of the House, an amendment was successfully added which requires ICE to be notified if an illegal immigrant fails to pass the background check when attempting to purchase a firearm. Most are confident the Senate will not pass this bill at this time. It should be noted Illinois already has such legislation. 


Pat Keen

ALGC Legislative Director

January 2019 Legislative Report

 

Last July, Governor Bruce Rauner signed House Bill 2354, the so-called "red flag" bill that allows guns to be taken away from people who pose a threat to themselves or others. He also signed Senate Bill 3256, which imposes a 72-hour waiting period to purchase all guns, not just handguns. The new law allows either an immediate family member or the police to go to court if they fear a person with access to guns is likely to do something violent. If the court determines the person poses a threat to himself or others, it can order the person's guns be temporarily removed by law enforcement.


Under the legislation, if the court orders a person to surrender their guns, it is for a six-month period. However, the police and family members can seek an extension if they think a person still poses a threat.


The law allows the guns to be turned over to a family member or friend, but that family member must sign an oath not to return them until after the order expires. This is intended to prevent another situation like Waffle House shooter Travis Reinking whose father took away guns he owned because of strange behavior, but then returned them.

The Red Flag Law allows family or police to petition the court for an ex parte order (Restraining order or an order that benefits only one side in a case) if the person:


“poses a significant danger of causing personal injury to himself/herself or another by having in his/her custody or control, owning, purchasing, possessing or receiving a firearm.”

This new law would allow family or police to take away a person’s right to own a firearm without their knowledge if they are deemed “too dangerous.”


The law would also allow police easy access to search warrants to search homes and seize weapons if the court has reason to believe the banned person has guns. Additional information regarding these two new statutes is posted on the ALGC website. 


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The Bureau of Alcohol, Tobacco, Firearms and Explosives issued a rule change in December 2018 that classified bump stocks — devices used to accelerate rate of fire of semi-automatic rifles — as machine guns, which are illegal. Gun Owners of America (GOA) immediately issued a court challenge against the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE) over the administrative rule change which is pending. 


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On a positive note, on January 3rd, the first day of the 116th Congress, Rep. Jeff Duncan (R-SC-03) introduced the Hearing Protection Act (HPA) of 2019. An enhanced version of previous HPA’s, this legislation includes several suppressor related technical amendments that were first incorporated into the SHARE Act of 2017. The primary focus of the bill is to remove suppressors from the National Firearms Act (NFA), making it easier for law-abiding hunters and sportsmen to protect their hearing while at the range or in the field.


In addition, Senator John Cornyn, TX, has introduced Senate Bill 69 which would eliminate the confusing patchwork of state carry laws by allowing individuals who possess concealed carry licenses or who are not prohibited from carrying concealed in their home state to exercise those rights in any other state that provides a lawful means of concealed carry for its own residents.


This legislation would not override state laws governing the time, place or manner of carriage or establish national standards for concealed carry. Individual state gun laws would still be respected. If under federal law a person is prohibited from carrying a firearm, they would continue to be prohibited from doing so under this bill.


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Democrats lead by U.S. Sen. Dianne Feinstein on Wednesday January 9th, rolled out their most sweeping assault weapons ban proposal since 1994.


The planned Assault Weapon Ban of 2019 targets the sale, transfer, manufacture, and importation of “military-style assault weapons and high-capacity ammunition magazines,” as defined by the California Democrat and her co-sponsors, Senators Chris Murphy and Richard Blumenthal of Connecticut.


“This past year, we’ve seen Americans rise up and demand Congress change our gun laws. Banning assault weapons would save lives,” said Murphy, who in the past has spoken out against what he termed “the imaginary 2nd Amendment.”


Besides outlawing 205 gun models by name — Feinstein’s original 1994 ban only listed around 20 specific models — the proposal would also define an “assault weapon” as a semi-automatic with a detachable magazine that included one of a list of cosmetic features that are deemed “military characteristics” such as a threaded barrel, pistol grip or folding stock. This is less lenient than the previous ban which allowed a “features test” that included two such characteristics.

In addition, the measure would expand federal law to ban adjustable stocks, Thordsen-style stocks such as used in “featureless rifles” marketed in states like California, “assault pistols” that weight more than 50-ounces when unloaded, and popular pistol stabilizing braces that have become widespread in recent years.  Detachable magazines capable of holding more than 10 rounds would be prohibited from transfer and guns grandfathered when the ban takes effect would be required to be locked up when not in use. A background check would be mandatory for future sale or gifting of grandfathered guns, even between two private parties.


Joining Feinstein in her effort to “get these weapons of war off our streets,” are at least 25 other Democrats in the Senate, including our own Senator Tammy Duckworth who have promised to sign on to the legislation. However, with Republicans in charge of the chamber, it is unlikely the measure will make it out of committee without bipartisan support.


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The Spring legislative session of the Illinois General Assembly began Wednesday January 9th. With the Illinois House, Senate, Executive Officers and the Governor’s Office all under the control of one the party which historically has championed legislation curbing Illinois residents 2nd Amendment rights, we are in for a bumpy ride. While the General Assembly has numerous issues needing to be addressed such as crushing debt, property tax relief, legislation to allow recreational use of  cannabis and gambling expansion, no doubt they will also soon be introducing new gun control legislation. 


UPDATE: Newly inaugurated governor J.B. Pritzker signed hold-over legislation from the last session; SB337 will impose massive bureaucratic regulations on Illinois FFLs.