HB0413 100TH GENERAL ASSEMBLY

LRB100 04114 RLC 14119 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0413

Introduced , by Rep. David B. Reis

SYNOPSIS AS INTRODUCED:

New Act

Creates the 2nd Amendment Preservation Act. Provides that other than in compliance with an order of a court, notwithstanding any law, regulation, rule, or order to the contrary, no agency of this State, political subdivision of this State, or employee of an agency or political subdivision of the State acting in his or her official capacity shall: (1) knowingly and willingly participate in any way in the enforcement of any federal Act, law, order, rule, or regulation issued, enacted, or promulgated on or after the effective date of the Act regarding a personal firearm, firearm accessory, or ammunition; or (2) utilize any assets, State funds, or funds allocated by the State to local entities on or after the effective date of the Act, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement or any investigation under the enforcement of any federal Act, law, order, rule, or regulation issued, enacted, or promulgated on or after the effective date of the Act regarding a personal firearm, firearm accessory, or ammunition. Provides that an agent or employee of the State or of any political subdivision of the State who knowingly violates the Act shall for a first violation be liable for a civil penalty not to exceed $3,000, which shall be paid into the State's General Revenue Fund. Provides that a second or subsequent violation is a Class C misdemeanor. Contains a severability provision. Effective immediately.

A BILL FOR

AN ACT concerning the 2nd Amendment rights.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the 2nd Amendment Preservation Act.

Section 5. Findings. The General Assembly of the State of Illinois finds:

(1) that the right to keep and bear arms is a fundamental individual right that shall not be infringed;

(2) that it is the intent of the General Assembly in enacting this Act to protect employees of this State, including law enforcement officers, from being directed, through federal executive orders, agency orders, statutes, laws, rules, or regulations enacted or promulgated on or after the effective date of this Act, to violate their oath of office and individual rights affirmed under the 2nd Amendment to the Constitution of the United States and Section 22 of Article 1 of the Constitution of the State of Illinois;

(3) that under and in furtherance of the principles of federalism enshrined in the Constitution of the United States, the federal government may not commandeer this State's officers, agents, or employees to participate in the enforcement or facilitation of any federal program not expressly required by the Constitution of the United States;

(4) that this right to be free from the commandeering hand of the federal government has been most notably recognized by the United States Supreme Court in Printz v. United States, 521 U.S. 898 (1997), when the Court held: "The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program."; and

(5) that the anti-commandeering principles recognized by the U.S. Supreme Court in Printz v. United States are predicated upon the advice of James Madison, who in Federalist number 46 advised "a refusal to cooperate with officers of the Union" in response to either unconstitutional federal measures or constitutional but unpopular federal measures.

Section 10. Prohibitions.

Other than in compliance with an order of a court, notwithstanding any law, regulation, rule, or order to the contrary, no agency of this State, political subdivision of this State, or employee of an agency or political subdivision of this State acting in his or her official capacity shall:

(1) knowingly and willingly participate in any way in the enforcement of any federal Act, law, order, rule, or regulation issued, enacted, or promulgated on or after the effective date of this Act regarding a personal firearm, firearm accessory, or ammunition; or

(2) utilize any assets, State funds, or funds allocated by the State to local entities on or after the effective date of this Act, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement or any investigation under the enforcement of any federal Act, law, order, rule, or regulation issued, enacted, or promulgated on or after the effective date of this Act regarding a personal firearm, firearm accessory, or ammunition.

Section 15. Penalties.

(a) Any agent or employee of this State or of any political subdivision of this State who knowingly violates the prohibitions in Section 10 of this Act shall, on a first violation, be liable for a civil penalty not to exceed $3,000, which shall be paid into the General Revenue Fund, and on a second or subsequent violation is guilty of a Class C misdemeanor.

(b) A political subdivision of this State may not receive State grant funds if the political subdivision adopts a rule, order, ordinance, or policy under which the political subdivision violates Section 10 of this Act. State grant funds for the political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this Section is made that the political subdivision has intentionally required actions which violate the prohibitions in Section 10 of this Act.

Section 20. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.