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New gun dealer regulations to take effect Friday 1/17/20


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#1 InterestedBystander

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Posted 14 January 2020 - 01:58 AM

full story at link

https://www.dailyher...e-effect-friday

New gun dealer regulations to take effect Friday

By Peter Hancock
Capitol News Illinois
phancock@capitolnewsillinois.com

SPRINGFIELD -- New rules governing how retail gun dealers do business go into effect Friday and include the types of records they must keep, how weapons and ammunition are to be stored and the kinds of video surveillance and security systems they must maintain.

The rules, established by the Illinois State Police and scheduled to be published in the Illinois Register on Friday, will go into effect almost one year to the day after Democratic Gov. J.B. Pritzker signed the Firearm Dealer License Certification Act into law. The Act requires firearm dealers who have a federal firearm license to also obtain a state certificate and comply with state regulations.

Pritzker signed the bill, the first of his administration, after it passed during the 2018 legislative session. Republican Gov. Bruce Rauner was in office when it passed, but Democratic Senate President John Cullerton used a procedural maneuver to hold onto the bill because Rauner had vetoed similar legislation that spring.

The bill was viewed at the time as a response to rising gun violence in parts of Illinois, especially Chicago. It was aimed at preventing theft or other diversion of guns from firearms dealers and to crack down on so-called straw purchases in which someone buys a gun on behalf of someone else who is legally prohibited from owning a gun.

The state police initially proposed administrative rules in August and held a public hearing on Oct. 24 in Springfield. But those proposed rules sparked fierce pushback from gun dealers around the state who said compliance would be excessively expensive.

Of particular concern was a proposed rule that would have required dealers to maintain video surveillance at several points in their stores. Dealers would have also had to maintain those recordings for 90 days and back them up to an offsite storage system such as a cloud or server.

"I know stores that have over 125 cameras in there," said Todd Vandermyde, executive director of the Federal Firearm Licensees of Illinois, a gun dealer trade association. "You're not requiring a backup system, you're requiring a backup generator."

He went on to describe the rule as requiring such a dealer to be able "to upload 125 high-definition Netflix movies simultaneously."

Gun dealers also complained about other proposed rules that would have required them to have written plans for storing all inventory, both during business hours and after closing, and to keep ammunition in a restricted area of the store not accessible to customers. Some gun shop owners said compliance would be impossible.

"Hundreds of dealers have paid $1,500 license fees, confident that they could meet the letter of the law, and now they find that they can't because of the rules that have been proposed," Valinda Rowe, spokeswoman for gun rights advocacy group IllinoisCarry.com, said during the hearing.

Following that hearing, the state police revised many of the proposed rules, eliminating the requirement for backup storage of video surveillance, according to a copy of the rules provided by ISP. But that pushed the rulemaking process beyond Jan. 2 when gun dealers were to come into compliance with many portions of the new law.

As a result, the state police agency is using emergency rulemaking powers, which allow regulatory agencies to put rules into effect immediately, for a maximum of 150 days, while final rules are being drafted. Those proposed final rules could be subject to another public hearing, further revision, and review by the General Assembly's Joint Committee on Administrative Rules.

The law is also the target of a lawsuit filed by the Illinois State Rifle Association, as well as several gun shops. Plaintiffs argue the law places "onerous restrictions" on firearms dealers that would force many stores to close and others to pass the higher costs on "to those who would be seeking to exercise their constitutional right to keep and bear arms."

That lawsuit is pending in Sangamon County circuit court.

Edited by InterestedBystander, 14 January 2020 - 01:58 AM.

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#2 lilguy

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Posted 14 January 2020 - 04:37 AM

Theyre not done with us yet, we are still armed. Waiting for the other shoe to drop now.

Edited by lilguy, 14 January 2020 - 05:16 AM.


#3 mab22

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Posted 14 January 2020 - 06:38 AM

As I posted in another thread.
This is just a gun registry disguised as a gun dealer licensing scheme. They want electronic records, the ability to inspect records when they want, without court issued warrants. They can inspect at least once a year, without a warrant, under the idea of an inspection.
 
Check out what an Illinois court had to say about search warrants in “People ex rel. Madigan v. Stateline Recycling, LLC”. https://law.justia.c.../2-17-0860.html
 
They want databases and the ability to electronically transmit the data, yet they don't even mention encrypting the data, or even care how you secure that data or the systems that house it at the business or at the state level.
 
Can you imagine that data being compromised and now some gangs or criminal enterprise can see who has what that they might want to go and get...
 
Some highlights for you.
 
1. This looks like an electronic registry. See lines 511 - 609
This one makes it pretty clear.
559 Each licensee operating as a licensed dealer must maintain its firearms acquisition
560 and disposition records on a separate/partitioned database that cannot be
561 intermingled with the records associated with any other license
 
563 i) The electronic record system must be self-contained, without reliance upon
564 invoices or other paper/manual systems to provide any of the above information.
 
572 k) A certified licensee shall make a legible copy of a buyer's or transferee's valid
573 photo identification card whenever a firearm sale transaction takes place. The
574 photocopy shall be attached to the documentation detailing the record of sale.
575 (Section 5-20(a) of the Act)
576
577 l) Each certified licensee shall maintain these records for a period of no less than
578 the time period under 27 CFR 478.129 or any subsequent law that regulates the
579 retention of records.
 
3. No search warrant needed, just call it an inspection.
1. 334 During an inspection, certified licensees shall make all records, documents
2. 335 related to the sale, lease, transfer, and/or destruction of firearms, and all firearms
3. 336 accessible for inspection, upon the request of ISP or assisting law enforcement
4. 337 agency. (Section 5-35 of the Act)
4. No court supervision, why bother the court. Why do we keep getting further and further from actual judges?
1. 710 The following factors shall be weighed by the Director or hearing officer
2. 711 appointed by the Director when determining the severity of the violation and the
3. 712 resulting fine:
Void the FOID!

#4 2A4Cook

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Posted 14 January 2020 - 12:19 PM

These b******'s just do whatever they want, constitution be dammed.

#5 lilguy

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Posted 15 January 2020 - 11:30 AM

We are constantly fighting the shadow of Newtown. National, state, local elected officials are taking up the cause of MDA with the billionaires funding them. The battle field has changed dramatically in the last decade. The NRA is feeding on itself just when our opposition is catching its stride. We are being forced into court as our strength in legislatures is stagnating. It’s gonna be a much
tougher battle going forward. Gotta support those on the frontline with time and treasure.

#6 2A4Cook

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Posted 15 January 2020 - 11:42 AM

Why won't LaPierre just go away???

#7 chislinger

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Posted 15 January 2020 - 11:28 PM

Why won't LaPierre just go away???

And give up all that cash?


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#8 Molly B.

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Posted 17 January 2020 - 04:09 PM

An alert from the Illinois State Rifle Assoc. says:   These rules will be heard by the Joint Commission on Administrative Rules (JCAR) on February 18,2020.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#9 InterestedBystander

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Posted 17 January 2020 - 04:14 PM

Emergency rules published in the Register 1/17/20

IL Register

https://www.cyberdri...e44_issue_3.pdf

Flinn Report Summary

http://www.ilga.gov/...0 - Issue 3.pdf

ISRA Emergency Alert

http://archive.awebe...ency_Alert_.htm

Edited by InterestedBystander, 18 January 2020 - 12:32 AM.

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#10 mab22

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Posted 17 January 2020 - 10:13 PM

An alert from the Illinois State Rifle Assoc. says:   These rules will be heard by the Joint Commission on Administrative Rules (JCAR) on February 18,2020.


I would like to thank Molly for posting the new rules earlier this week.
That means Illinois carry got the information out before ISRA got out an email about them!
Void the FOID!

#11 steveTA84

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Posted 17 January 2020 - 10:27 PM

An alert from the Illinois State Rifle Assoc. says:   These rules will be heard by the Joint Commission on Administrative Rules (JCAR) on February 18,2020.


I would like to thank Molly for posting the new rules earlier this week.
That means Illinois carry got the information out before ISRA got out an email about them!

+1

#12 Hatchet

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Posted 21 January 2020 - 03:51 PM

Just got email from GPAC that the rules don't go far enough, to call and complain.


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"You have enemies? Good. That means you've stood up for something, sometime in your life." (Winston Churchill).

#13 steveTA84

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Posted 21 January 2020 - 03:55 PM

Just got email from GPAC that the rules don't go far enough, to call and complain.


Can you screenshot and post?

#14 Hatchet

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Posted 21 January 2020 - 03:58 PM

logo.png?1441412653

 

Dear 

Today our friends at The Illinois Council Against Handgun Violence sent out the important note below. Please take action today!

Last Friday, the Joint Committee on Administrative Rules (JCAR) issued a new set of Emergency Rules for the Firearm Gun Dealer License Certification Program. The rules for this law are important because they detail how the law will be enforced by the state of Illinois. More important, the rules will determine the ability of the law to protect children and families from illegal gun sales and gun trafficking.

The rules currently include mandatory video surveillance system, electronic alarm monitoring of inventory, a safe storage plan and annual training of employees. However, the new rules about gun store employee training are vague and the mandated retention period for gun store security video is too short to achieve the intent of the law to make sure gun dealers are not conduits for illegal guns. The good news is that these new rules are not final and the comment period about the new rules is open until February 18th.

Please make your voice heard TODAY and ask JCAR to include the following provisions in the final set of rules:

1) Include standards for the annual gun store employee training

2) Increase the video retention requirement to 6 months from 90 days

SUBMIT A COMMENT

To learn more about the rules for the Firearm Gun Dealer License Certification Program CLICK HERE.

Thank you for taking action to keep our children, families and communities protected from gun violence.

 

signature.jpg

Kathleen Sances
President and CEO, G-PAC

gpacillinois.com

donate.png

 

Sent via ActionNetwork.org. To update your email address, change your name or address, or to stop receiving emails from ILGVP, please click here.

 

 

EDIT: deleted links


Edited by Hatchet, 21 January 2020 - 04:01 PM.

"Loyalty to the country always. Loyalty to the government when it deserves it."
"You have enemies? Good. That means you've stood up for something, sometime in your life." (Winston Churchill).

#15 steveTA84

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Posted 21 January 2020 - 04:03 PM

Thanks! And of course!!! Need more red tape and to further burden FFLs. Its never enough. And to think GPACs allies (like ICHV which is mentioned in GPACs release) will be getting funding with R3 grants should they qualify (and the will) from marijuana tax revenue so they can continue their advocacy in. Shouldnt legal gun owners be made aware of where that money is going and to stop funding the gun grabbing machine?

http://illinoiscarry...showtopic=73945

Example (photo from the sun times)

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Edited by steveTA84, 21 January 2020 - 04:15 PM.





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