Illinois General Assembly - Full Text of HB0413
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Full Text of HB0413  100th General Assembly

HB0413 100TH GENERAL ASSEMBLY

  
  

 


 
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.


LRB100 04114 RLC 14119 b

 

 

A BILL FOR

 

HB0413LRB100 04114 RLC 14119 b

1    AN ACT concerning the 2nd Amendment rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the 2nd
5Amendment Preservation Act.
 
6    Section 5. Findings. The General Assembly of the State of
7Illinois finds:
8        (1) that the right to keep and bear arms is a
9    fundamental individual right that shall not be infringed;
10        (2) that it is the intent of the General Assembly in
11    enacting this Act to protect employees of this State,
12    including law enforcement officers, from being directed,
13    through federal executive orders, agency orders, statutes,
14    laws, rules, or regulations enacted or promulgated on or
15    after the effective date of this Act, to violate their oath
16    of office and individual rights affirmed under the 2nd
17    Amendment to the Constitution of the United States and
18    Section 22 of Article 1 of the Constitution of the State of
19    Illinois;
20        (3) that under and in furtherance of the principles of
21    federalism enshrined in the Constitution of the United
22    States, the federal government may not commandeer this
23    State's officers, agents, or employees to participate in

 

 

HB0413- 2 -LRB100 04114 RLC 14119 b

1    the enforcement or facilitation of any federal program not
2    expressly required by the Constitution of the United
3    States;
4        (4) that this right to be free from the commandeering
5    hand of the federal government has been most notably
6    recognized by the United States Supreme Court in Printz v.
7    United States, 521 U.S. 898 (1997), when the Court held:
8    "The Federal Government may neither issue directives
9    requiring the States to address particular problems, nor
10    command the States' officers, or those of their political
11    subdivisions, to administer or enforce a federal
12    regulatory program."; and
13        (5) that the anti-commandeering principles recognized
14    by the U.S. Supreme Court in Printz v. United States are
15    predicated upon the advice of James Madison, who in
16    Federalist number 46 advised "a refusal to cooperate with
17    officers of the Union" in response to either
18    unconstitutional federal measures or constitutional but
19    unpopular federal measures.
 
20    Section 10. Prohibitions.
21    Other than in compliance with an order of a court,
22notwithstanding any law, regulation, rule, or order to the
23contrary, no agency of this State, political subdivision of
24this State, or employee of an agency or political subdivision
25of this State acting in his or her official capacity shall:

 

 

HB0413- 3 -LRB100 04114 RLC 14119 b

1        (1) knowingly and willingly participate in any way in
2    the enforcement of any federal Act, law, order, rule, or
3    regulation issued, enacted, or promulgated on or after the
4    effective date of this Act regarding a personal firearm,
5    firearm accessory, or ammunition; or
6        (2) utilize any assets, State funds, or funds allocated
7    by the State to local entities on or after the effective
8    date of this Act, in whole or in part, to engage in any
9    activity that aids a federal agency, federal agent, or
10    corporation providing services to the federal government
11    in the enforcement or any investigation under the
12    enforcement of any federal Act, law, order, rule, or
13    regulation issued, enacted, or promulgated on or after the
14    effective date of this Act regarding a personal firearm,
15    firearm accessory, or ammunition.
 
16    Section 15. Penalties.
17    (a) Any agent or employee of this State or of any political
18subdivision of this State who knowingly violates the
19prohibitions in Section 10 of this Act shall, on a first
20violation, be liable for a civil penalty not to exceed $3,000,
21which shall be paid into the General Revenue Fund, and on a
22second or subsequent violation is guilty of a Class C
23misdemeanor.
24    (b) A political subdivision of this State may not receive
25State grant funds if the political subdivision adopts a rule,

 

 

HB0413- 4 -LRB100 04114 RLC 14119 b

1order, ordinance, or policy under which the political
2subdivision violates Section 10 of this Act. State grant funds
3for the political subdivision shall be denied for the fiscal
4year following the year in which a final judicial determination
5in an action brought under this Section is made that the
6political subdivision has intentionally required actions which
7violate the prohibitions in Section 10 of this Act.
 
8    Section 20. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.