99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2828

 

Introduced , by Rep. Margo McDermed

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/13.1  from Ch. 38, par. 83-13.1
745 ILCS 10/2-103  from Ch. 85, par. 2-103
745 ILCS 10/2-202  from Ch. 85, par. 2-202

    Amends the Firearm Owners Identification Card Act. Provides that if a municipality enacts an ordinance in violation of preemption provisions of the Act, the municipality is liable for damages to the prevailing party in a civil action brought against the municipality or an officer or employee of the municipality for infringing upon the rights of the prevailing party for enforcing the ordinance enacted in violation of the preemption provisions. Amends the Local Governmental and Governmental Employees Tort Immunity Act to make conforming changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2828LRB099 09323 RLC 29528 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended 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) Except as otherwise provided in the Firearm Concealed
9Carry Act and subsections (b) and (c) of this Section, the
10provisions of any ordinance enacted by any municipality which
11requires registration or imposes greater restrictions or
12limitations on the acquisition, possession and transfer of
13firearms than are imposed by this Act, are not invalidated or
14affected by this Act.
15    (b) Notwithstanding subsection (a) of this Section, the
16regulation, licensing, possession, and registration of
17handguns and ammunition for a handgun, and the transportation
18of any firearm and ammunition by a holder of a valid Firearm
19Owner's Identification Card issued by the Department of State
20Police under this Act are exclusive powers and functions of
21this State. Any ordinance or regulation, or portion of that
22ordinance or regulation, enacted on or before the effective
23date of this amendatory Act of the 98th General Assembly that

 

 

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1purports to impose regulations or restrictions on a holder of a
2valid Firearm Owner's Identification Card issued by the
3Department of State Police under this Act in a manner that is
4inconsistent with this Act, on the effective date of this
5amendatory Act of the 98th General Assembly, shall be invalid
6in its application to a holder of a valid Firearm Owner's
7Identification Card issued by the Department of State Police
8under this Act.
9    (c) Notwithstanding subsection (a) of this Section, the
10regulation of the possession or ownership of assault weapons
11are exclusive powers and functions of this State. Any ordinance
12or regulation, or portion of that ordinance or regulation, that
13purports to regulate the possession or ownership of assault
14weapons in a manner that is inconsistent with this Act, shall
15be invalid unless the ordinance or regulation is enacted on,
16before, or within 10 days after the effective date of this
17amendatory Act of the 98th General Assembly. Any ordinance or
18regulation described in this subsection (c) enacted more than
1910 days after the effective date of this amendatory Act of the
2098th General Assembly is invalid. An ordinance enacted on,
21before, or within 10 days after the effective date of this
22amendatory Act of the 98th General Assembly may be amended. The
23enactment or amendment of ordinances under this subsection (c)
24are subject to the submission requirements of Section 13.3. For
25the purposes of this subsection, "assault weapons" means
26firearms designated by either make or model or by a test or

 

 

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1list of cosmetic features that cumulatively would place the
2firearm into a definition of "assault weapon" under the
3ordinance.
4    (c-5) If a municipality enacts an ordinance in violation of
5this Section, the municipality is liable for damages to the
6prevailing party in a civil action brought against the
7municipality or an officer or employee of the municipality for
8infringing upon the rights of the prevailing party for
9enforcing the ordinance enacted in violation of this Section.
10    (d) For the purposes of this Section, "handgun" has the
11meaning ascribed to it in Section 5 of the Firearm Concealed
12Carry Act.
13    (e) This Section is a denial and limitation of home rule
14powers and functions under subsection (h) of Section 6 of
15Article VII of the Illinois Constitution.
16(Source: P.A. 98-63, eff. 7-9-13.)
 
17    Section 10. The Local Governmental and Governmental
18Employees Tort Immunity Act is amended by changing Sections
192-103 and 2-202 as follows:
 
20    (745 ILCS 10/2-103)  (from Ch. 85, par. 2-103)
21    Sec. 2-103. Except as provided in subsection (c-5) of the
22Firearm Owners Identification Card Act, a A local public entity
23is not liable for an injury caused by adopting or failing to
24adopt an enactment or by failing to enforce any law.

 

 

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1(Source: Laws 1965, p. 2983.)
 
2    (745 ILCS 10/2-202)  (from Ch. 85, par. 2-202)
3    Sec. 2-202. Except as provided in subsection (c-5) of the
4Firearm Owners Identification Card Act, a A public employee is
5not liable for his act or omission in the execution or
6enforcement of any law unless such act or omission constitutes
7willful and wanton conduct.
8(Source: P.A. 84-1431.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.