Full Text of HB1155 98th General Assembly
HB1155ham012 98TH GENERAL ASSEMBLY | Rep. Ann Williams Filed: 2/25/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1155
| 2 | | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 175. Firearm carry prohibition; public gathering; | 5 | | protest; rally.
| 6 | | (a) No person may knowingly carry a firearm into any | 7 | | organized public gathering, including street fairs, festivals, | 8 | | farmer's markets, carnivals, concerts, protests, parades, or | 9 | | other temporary special events, conducted primarily outdoors | 10 | | on property open to the public, and that requires the issuance | 11 | | of a permit from the municipality or county where it occurs, | 12 | | unless the municipality or county specifically authorizes | 13 | | persons to carry concealed firearms at the event. The | 14 | | prohibitions in this Section extend to any adjacent property or | 15 | | parking lot area used in connection with a prohibited public | 16 | | gathering. | 17 | | (b) No person may knowingly carry a firearm at an organized |
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| 1 | | protest or rally with 10 or more persons located within 500 | 2 | | feet of a governmental building. | 3 | | (c) The exemptions and provisions in subsections (a), (b), | 4 | | (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the | 5 | | Criminal Code of 2012 apply to this Section. | 6 | | (d) The United States Supreme Court in District of Columbia | 7 | | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | 8 | | that the Second Amendment to the United States Constitution | 9 | | does not confer an unlimited right and that states may prohibit | 10 | | the carrying of firearms in sensitive places. The Supreme Court | 11 | | stated in the Heller decision: "Although we do not undertake an | 12 | | exhaustive historical analysis today of the full scope of the | 13 | | Second Amendment, nothing in our opinion should be taken to | 14 | | cast doubt on longstanding prohibitions on the possession of | 15 | | firearms by felons and the mentally ill, or laws forbidding the | 16 | | carrying of firearms in sensitive places such as schools and | 17 | | government buildings . . ." The Supreme Court also noted in a | 18 | | footnote referencing this statement in the Heller decision | 19 | | that: "We identify these presumptively lawful regulatory | 20 | | measures only as examples; our list does not purport to be | 21 | | exhaustive."
This recognition was reiterated by the U. S. | 22 | | Supreme Court in McDonald v. the City of Chicago, 561 U.S. | 23 | | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second | 24 | | Amendment against state action. The Supreme Court again stated: | 25 | | "We made it clear in Heller that our holding did not cast doubt | 26 | | on such longstanding regulatory measures as "prohibitions on |
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| 1 | | the possession of firearms by felons and the mentally ill," | 2 | | "laws forbidding the carrying of firearms in sensitive places | 3 | | such as schools and government buildings . . . We repeat those | 4 | | assurances here." Further, the federal 7th Circuit Court of | 5 | | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | 6 | | cited the "sensitive place" statement of the Supreme Court in | 7 | | both the Heller and McDonald decisions and concluded: "That a | 8 | | legislature can forbid the carrying of firearms in schools and | 9 | | government buildings means that any right to possess a gun for | 10 | | self-defense outside the home is not absolute, and it is not | 11 | | absolute by the Supreme Court's own terms." Therefore, the | 12 | | General Assembly finds that the places or locations set forth | 13 | | in this Section are sensitive places and the prohibition on the | 14 | | carrying of firearms will promote public safety in this | 15 | | sensitive place.".
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