093_HB3631

 
                                     LRB093 03863 RLC 03898 b

 1        AN ACT concerning the local regulation of firearms.

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

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Local Government Firearm Regulation Preemption Act.

 6        Section  5.   Legislative   declaration.    The   General
 7    Assembly  finds  that  as  a  matter  of  public policy it is
 8    necessary to provide statewide uniform standards to guarantee
 9    that the right to arms guaranteed to  individuals  under  the
10    Second  Amendment to the United States Constitution and under
11    Article I, Section 22 of the Constitution  of  the  State  of
12    Illinois  and  the right of equal protection guaranteed under
13    Article I, Section 2 of the  Constitution  of  the  State  of
14    Illinois  apply  equally  to  all  persons  in  the  State of
15    Illinois,  and  that  the  laws  regulating  the  possession,
16    transportation,  storage,  purchase,  selling,  or  otherwise
17    dealing in firearms, ammunition, components, accessories, and
18    accoutrements  apply  equally  throughout  this  State.   The
19    General  Assembly  finds  it  necessary  and  in  the  public
20    interest to occupy the entire  field  of  regulation  of  the
21    bearing  of  firearms  to  ensure that a person who qualifies
22    under the laws of the United States and of this State is  not
23    denied  his  or  her rights and that a person who does not so
24    qualify does not have those rights.

25        Section 10.  Possession of firearms.  Any person  who  is
26    in   the  possession  of  firearms,  ammunition,  components,
27    accessories, and accoutrements in compliance  with  the  laws
28    and  regulations  of the United States of America and of this
29    State is entitled to possess those firearms  throughout  this
30    State;  and  a  county,  municipality, or other unit of local
 
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 1    government may not limit, abridge, or deny that right.

 2        Section 15.  Transportation of firearms.  Any person  who
 3    transports firearms, ammunition, components, accessories, and
 4    accoutrements  in compliance with the laws and regulations of
 5    the United States of America and of this State is entitled to
 6    transport those firearms throughout this State; and a county,
 7    municipality, or other  unit  of  local  government  may  not
 8    limit, abridge, or deny that right.

 9        Section  20.   Firearm  dealers and gun shows.  A firearm
10    dealer or gun show that operates his, her, or its business in
11    compliance with the laws of the United States of America  and
12    of  this  State  is  entitled  to  operate  his,  her, or its
13    business if the business complies with local zoning and other
14    ordinances that apply equally to all retail businesses or  in
15    suitable  business  districts  anywhere  in this State; and a
16    county, municipality, or other unit of local  government  may
17    not  limit,  abridge,  or  deny  that right, except to impose
18    license fees and occupation and use taxes that are  the  same
19    as for other retail businesses.

20        Section  25.   Preemption  of home rule.  A unit of local
21    government, including a home  rule  unit,  may  not  regulate
22    firearms,    ammunition,    components,    accessories,    or
23    accoutrements  in  a manner more restrictive than as provided
24    in this Act.  This Section is a limitation  under  subsection
25    (i)  of Section 6 of Article VII of the Illinois Constitution
26    on the concurrent exercise by home rule units of  powers  and
27    functions exercised by the State.

28        Section  95.   The Firearm Owners Identification Card Act
29    is amended by changing Section 13.1 as follows:
 
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 1        (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
 2        Sec. 13.1.  Preemption.
 3        (a)  The  provisions  of  any  ordinance  or   resolution
 4    adopted  before,  on,  or  after  the  effective date of this
 5    amendatory Act of the 93rd General Assembly by  any  unit  of
 6    local  government  that impose restrictions or limitations on
 7    the   acquisition,   possession,   transportation,   storage,
 8    purchase,  selling,  or  otherwise   dealing   in   firearms,
 9    ammunition,  components,  accessories, and accoutrements than
10    are  imposed  by  the  Local  Government  Firearm  Regulation
11    Preemption Act are invalid, except as authorized by that Act,
12    and  all  those  existing  ordinances  and  resolutions   are
13    declared null and void.
14        (b)  A  unit  of  local government, including a home rule
15    unit,  may  not   regulate   the   acquisition,   possession,
16    transportation,  storage,  purchase,  selling,  or  otherwise
17    dealing  in firearms, ammunition, components, accessories, or
18    accoutrements in a manner more restrictive than  provided  in
19    the Local Government Firearm Regulation Preemption Act.  This
20    Section  is a limitation under subsection (i) of Section 6 of
21    Article VII of the Illinois Constitution  on  the  concurrent
22    exercise by home rule units of powers and functions exercised
23    by the State.
24        The   provisions   of   any   ordinance  enacted  by  any
25    municipality which requires registration or  imposes  greater
26    restrictions  or  limitations  on the acquisition, possession
27    and transfer of firearms than are imposed by  this  Act,  are
28    not invalidated or affected by this Act.
29    (Source: P.A. 76-1939.)

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