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90_HB0216
New Act
430 ILCS 65/13.1 from Ch. 38, par. 83-13.1
Creates the Local Government Firearm Regulation
Preemption Act and amends the Firearm Owners Identification
Card Act. Provides that a person who is in possession,
transports, stores, purchases, sells, or otherwise deals in
firearms, ammunition, components, accessories, and
accoutrements in compliance with U.S. and State law is
entitled to possess, transport, store, purchase, sell, and
otherwise deal in these items throughout this State.
Preempts units of local government, including home rule
units, from regulating firearms, ammunition, components,
accessories, or accoutrements, except as provided in the
Local Government Firearm Regulation Preemption Act. Contains
limited exemption for municipalities of over 2,000,000
inhabitants from the application of the Act. Permits these
municipalities to require free and open registration of
firearms.
LRB9001403RCcd
LRB9001403RCcd
1 AN ACT concerning the local regulation of firearms,
2 amending a named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Local Government Firearm Regulation Preemption Act.
7 Section 5. Legislative declaration. The General
8 Assembly finds that as a matter of public policy it is
9 necessary to provide statewide uniform standards to guarantee
10 that the right to arms guaranteed to individuals under
11 Article I, Section 22, and the right of equal protection
12 guaranteed under Article I, Section 2, of the Constitution of
13 the State of Illinois apply equally to all persons in the
14 State of Illinois, and that the laws regulating the
15 possession, transportation, storage, purchase, selling, or
16 otherwise dealing in firearms, ammunition, components,
17 accessories, and accoutrements apply equally throughout this
18 State. The General Assembly finds it necessary and in the
19 public interest to occupy the entire field of regulation of
20 the bearing of firearms to ensure that no person who
21 qualifies under the laws of the United States and of this
22 State is denied his or her rights and that no person who does
23 not so qualify has those rights.
24 Section 10. Possession of firearms. Any person who is
25 in the possession of firearms, ammunition, components,
26 accessories, and accoutrements in compliance with the laws
27 and regulations of the United States of America and of this
28 State is entitled to possess those firearms throughout this
29 State; and no county, municipality, or other unit of local
30 government may limit, abridge, or deny that right.
-2- LRB9001403RCcd
1 Section 15. Transportation of firearms. Any person who
2 transports firearms, ammunition, components, accessories, and
3 accoutrements in compliance with the laws and regulations of
4 the United States of America and of this State is entitled to
5 transport those firearms throughout this State; and no
6 county, municipality, or other unit of local government may
7 limit, abridge, or deny that right.
8 Section 20. Firearm dealers and gun shows. A firearm
9 dealer or gun show that operates his, her, or its business in
10 compliance with the laws of the United States of America and
11 of this State is entitled to operate his, her, or its
12 business in any one or more of the following ways: as a home
13 business if there is no outward display of firearms or
14 advertising signs, at gun shows regulated by the Illinois
15 Department of State Police, or in suitable business districts
16 anywhere in this State; and no county, municipality, or other
17 unit of local government may limit, abridge, or deny that
18 right, except to impose license fees and occupation and use
19 taxes that are the same as for other sporting goods
20 businesses.
21 Section 25. Preemption of home rule. No unit of local
22 government, including a home rule unit, may regulate
23 firearms, ammunition, components, accessories, or
24 accoutrements, except as otherwise provided in this Act.
25 This Section is a denial and limitation of home rule powers
26 and functions with respect to regulation of firearms,
27 ammunition, components, accessories, and accoutrements under
28 subsection (i) of Section 6 of Article VII of the
29 Constitution of the State of Illinois.
30 Section 30. Municipalities of over 2,000,000
31 inhabitants. Municipalities of over 2,000,000 inhabitants
-3- LRB9001403RCcd
1 are granted limited exclusion from the operation of this Act
2 insofar as they may require free and open registrations of
3 firearms.
4 Section 95. The Firearm Owners Identification Card Act
5 is amended by changing Section 13.1 as follows:
6 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
7 Sec. 13.1. Preemption.
8 (a) The provisions of any ordinance or resolution
9 adopted before, on, or after the effective date of this
10 amendatory Act of 1997 by any unit of local government that
11 impose greater restrictions or limitations on the
12 acquisition, possession, transportation, storage, purchase,
13 selling, or otherwise dealing in firearms, ammunition,
14 components, accessories, and accoutrements than are imposed
15 by the Local Government Firearm Regulation Preemption Act are
16 invalid, and all those existing ordinances and resolutions
17 are declared null and void.
18 (b) A unit of local government, including a home rule
19 unit, may not regulate the acquisition, possession,
20 transportation, storage, purchase, selling, or otherwise
21 dealing in firearms, ammunition, components, accessories, or
22 accoutrements in a manner more restrictive than provided in
23 the Local Government Firearm Regulation Preemption Act. This
24 Section is a denial and limitation under subsection (i) of
25 Section 6 of Article VII of the Illinois Constitution on the
26 concurrent exercise by home rule units of powers and
27 functions exercised by the State.
28 The provisions of any ordinance enacted by any
29 municipality which requires registration or imposes greater
30 restrictions or limitations on the acquisition, possession
31 and transfer of firearms than are imposed by this Act, are
32 not invalidated or affected by this Act.
-4- LRB9001403RCcd
1 (Source: P.A. 76-1939.)