Thursday, June 4, 2015

Illinois Senate Bill 836 Passed Both Houses (May 31, 2015)




SYNOPSIS OF SENATE BILL 836

“…Amends the Firearm Owners Identification Card Act. Allows a person to acquire or possess a firearm or firearm ammunition with only a valid concealed carry license in his or her possession (rather than must have a valid FOID card in his or her possession).

“Provides the changes made in the appeal to the Director of State Police regarding disqualification for a developmental disability or intellectual disability by this amendatory Act apply to requests for relief pending on or before the effective date of this amendatory Act, except that the 60-day period for the Director to act on requests pending before the effective date shall begin on the effective date of this amendatory Act.

“Provides that nothing in the definition of ‘gun show’ shall be construed to exclude a gun show held in conjunction with competitive shooting events at the World Shooting Complex sanctioned by a national governing body in which the sale or transfer of firearms is authorized under the Criminal Code of 2012.

“Provides that any non-resident registered competitor or attendee of a competitive shooting event held at the World Shooting Complex sanctioned by a national governing body, who is not prohibited by the laws of Illinois, the state of his or her domicile, or the United States from obtaining, possessing, or using a firearm may purchase or obtain a rifle, shotgun, or other long gun or ammunition for a rifle, shotgun, or other long gun at the competitive shooting event. Provides that a competitor or attendee of a competitive shooting event who does not wish to purchase a firearm at the event is not required to register or have his or her name appear on a list of registered competitors and attendees provided to the Department of State Police by the sanctioning body. Amends the Criminal Code of 2012.

“Provides that waiting period for the delivery of a firearm after application for its purchase has been made does not apply to the transfer or sale of any rifle, shotgun, or other long gun to a resident registered competitor or attendee or non-resident registered competitor or attendee by any dealer licensed as a federal firearms dealer under the federal Gun Control Act of 1968 at competitive shooting events held at the World Shooting Complex sanctioned by a national governing body. Provides that the Department of Natural Resources shall give notice to the Department of State Police at least 30 calendar days prior to any competitive shooting events at the World Shooting Complex sanctioned by a national governing body. Provides that the sanctioning body shall provide a list of all registered competitors and attendees at least 24 hours before the events to the Department of State Police. Provides that any changes to the list of registered competitors and attendees shall be forwarded to the Department of State Police as soon as practicable. Amends the Firearm Concealed Carry Act.

“Provides that the disclosure requirement during an investigative stop is satisfied if the licensee presents his or her license to the officer or the non-resident presents to the officer evidence that he or she is qualified to carry under the Act. Provides that upon the request of the officer, the licensee or non-resident shall also identify the location of the concealed firearm and permit the officer to safely secure the firearm for the duration of the investigative stop.

“Provides that if a licensee carrying a firearm or a non-resident carrying a firearm in a vehicle is contacted by a law enforcement officer or emergency services personnel, the law enforcement officer or emergency services personnel may secure the firearm or direct that it be secured during the duration of the contact if the law enforcement officer or emergency services personnel determines that it is necessary for the safety of any person present, including the law enforcement officer or emergency services personnel.

“Provides that the licensee or nonresident shall submit to the order to secure the firearm. Provides that when the law enforcement officer or emergency services personnel have determined that the licensee or non-resident is not a threat to the safety of any person present, including the law enforcement officer or emergency services personnel, and if the licensee or non-resident is physically and mentally capable of possessing the firearm, the law enforcement officer or emergency services personnel shall return the firearm to the licensee or non-resident before releasing him or her from the scene and breaking contact. If the licensee or non-resident is transported for treatment to another location, the firearm shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the firearm.

“In the provision that a licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, deletes language that the licensee must ensure that the concealed firearm is unloaded prior to exiting the vehicle.

“Provides that the waiver of the applicant's privacy and confidentiality rights and privileges under federal and State laws only applies to records sought in connection with determining whether the applicant qualifies for a license to carry a concealed firearm under the Act, or whether the applicant remains in compliance with the Firearm Owners Identification Card Act. Provides the Department of State Police may require (rather than the licensee shall submit) a notarized statement that the licensee has changed his or her address or name. Amends the Criminal Code of 2012.

“Provides that the exception from the waiting period for acquiring a firearm after application for its purchase has been made in relation to mail order purchases by non-residents only applies to a mail order sale of a firearm from a federally licensed firearms dealer to a nonresident of Illinois under which the firearm is mailed to a federally licensed firearms dealer outside the boundaries of Illinois. Provides that nothing in the waiting period provision relieves a federally licensed firearm dealer from the requirements of conducting a NICS background check through the Illinois Point of Contact under the federal Gun Control Act of 1968. Provides that the Department of State Police must destroy the list of registered competitors and attendees at competitive shooting events held at the World Shooting Complex sanctioned by a national governing body no later than 30 days after the date of the event. Effective immediately.

To read Senate Bill 836, Click Here. 


From a Previous Commentary on the Issue of Gun Control:


Illinois was the only state in the country without a concealed carry law until the U.S Court of Appeals in Chicago finally stated that this was a violation of the Second Amendment to the U.S. Constitution. The Concealed Carry Law (HB 0183) was signed on July 9, 2013 and went into effect January 2014. It has been 18 months, and nearly 100,000 permits have been issued in Illinois. 

To the many naysayers who said: “We don’t need any more guns in the world. Banning guns will save lives. There is no constitutional right for an ‘individual’ to bear arms. If you have a loaded gun, you’ll be tempted to use it. Guns in the home increase the likelihood of killing a family member. We won't be able to tell the difference between the bad guy and the good guy holding the gun. Concealed Carry will create a Wild West shootout on our streets. Conceal Carry gives a person a false sense of security. Law enforcement agencies do not support the Conceal Carry Law…,” instead of asking for more gun control laws and worrying about responsible citizens who conceal carry, let’s ask our legislators to focus upon and begin to address the causes of violent crimes: mental illness, racism, economic injustice, poverty, unemployment, gang activity, drug trafficking, and inefficient law enforcement in high-crime areas.

“[Moreover, our] focus [should be] on crime and anti-social behavior hotspots, repeat victims, and prolific or high volume offenders… Understanding what is causing high volume offending or problems in hotspots, and coming up with specific solutions – often in partnership with others – allows the police to drive down crime” (What is the best thing the police can do to reduce crime?). 

Laws and their restrictions will never apply to deranged criminals. Furthermore, business owners (and their customers) who believe the “No Guns Allowed” signs in windows are all they need in order to prevent gang bangers, robbers and derelicts from entering their establishments with guns are oblivious to reality. The right for citizens to bear arms is often a pre-emption for crime. Gun control laws will never reduce crimes. They will, however, deprive law-abiding citizens of a means for contingent crucial protection until the police arrive too late. 

Let’s continue to celebrate the right of self-defense: “The Declaration of Independence asserts that ‘life’ is among the unalienable rights of all people. The Second Amendment guarantees the right of the people to keep and bear arms for ‘security.’ The laws of all states recognize the right to use force in self-defense. The Supreme Court has recognized that a person ‘may repel force by force’ in self-defense, and is ‘entitled to stand his ground and meet any attack made upon him with a deadly weapon, in such a way and with such force’ as needed to prevent ‘great bodily injury or death.’ Beard v. United States (1895). 

“Congress affirmed the right to own guns for protective purposes in the Gun Control Act (1968) and Firearm Owners’ Protection Act (1986). In 1982, the Senate Judiciary Committee Subcommittee on the Constitution described the right to arms as ‘a right of the individual citizen to privately possess and carry in a peaceful manner firearms and similar arms’” (H.R. 2959, the Right-to-Carry Reciprocity Act of 2013 (March 11, 2014)).

“[Let’s pursue a policy goal that continues to shift] the distribution of gun possession as far as possible in the direction of likely aggressors being disarmed, with as few prospective victims as possible being disarmed. To disarm non-criminals [through more gun control laws] in the hope that this might indirectly help reduce access to guns among criminals is a very high-stakes gamble, and the risks will not be reduced by pretending that crime victims rarely use guns for self-defense” (Gary Kleck, Targeting Guns: Firearms and Their Control). 

-Glen Brown

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