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Illinois General Assembly 1/3/2013


mauserme

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I can't stand it when only half truths are given. Its always the bad NRA vs the legislature.

 

The laws sought to hurt virtually every gun owner in Illinois and make them into criminals overnight.

 

I want to see that printed, not loss of jobs for gun manufacturers as the only setback.

 

Why weren't the range aspects in any of these pieces? Nothing in the bill had anything to do with "Assault Weapons"

 

Laws that group a .22 pocket pistol and an AR15 together and label them assault weapons is INCONCEIVABLE !!!

 

Not to mention these laws are unworkable and unconstitutional yet there is absolutely no media coverage on that... They totally misrepresented this crap and they need to hear it!!!

 

Oh... I'm going to let them hear about it..

 

I'll be nice and all...

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Senate is back in. Just passed HB1237, restoration of FOID to LEOS that have it seized because they were a patient in a mental institution. Passed 35-14. So, we can have crazy cops with a gun. Apologies to all crazy LEO's here.

 

Seriously, all the talk in the last 3 weeks about mental health, guns, etc. and they pick now to pass this bill???

 

Really??

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Senate is back in. Just passed HB1237, restoration of FOID to LEOS that have it seized because they were a patient in a mental institution. Passed 35-14. So, we can have crazy cops with a gun. Apologies to all crazy LEO's here.

 

Seriously, all the talk in the last 3 weeks about mental health, guns, etc. and they pick now to pass this bill???

 

Really??

This is too funny yet sad at the same time. when seconds count help is minutes away, in a straight jacket
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That's not my understanding of how home rule works. They can enact stricter laws, not less strict.

 

Sent from my DROID RAZR HD using Tapatalk 2

 

I thought I read on here that home rule could do either, as long as it addressed the subject at hand. For instance, 12 round mags are legal in chicago, but not in greater cook county, which is limited to 10. Perhaps they just screwed up the law though, IDK...

 

That is a different aspect of home rule. First aspect, state law can preempt the home rule of a municipality (such as a city or county). A municipality cannot override state law. Home rule allows a municipality to enact a statute that is more strict than state law, but they cannot enact a statute that contradicts state law.

 

Second aspect, a county ordinance cannot override a city ordinance. This is why Chicago can have a magazine capacity limit of 12 while Cook County limits them to 10. When a county ordinance disagrees with the ordinance of a home rule city in that county, the city ordinance trumps.

 

So currently, the state has no restriction on magazine capacity. Cook County limits to 10. Any home rule entity within Cook County can enact an ordinance restricting that further (such as 5) or loosening it (such as 12 or unlimited). Were the state to limit magazine capacities, home rule entities such as counties and cities could enact stricter ordinances but could not enact an ordinance that contradicted the state law.

 

If a state law is written to preempt home rule, then the county or city cannot legislate that in any way, either restricted or loosened.

 

One last thing, last I heard there was only one home rule county in IL. I think a county must have a certain population in order to be eligible for home rule and until this last census, only Cook had the population. I think DuPage might now be eligible.

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Here's the section from the Illinois Constitution: and a link to the article of the constitution dealing with Local Government.

 

SECTION 6. POWERS OF HOME RULE UNITS

(a) A County which has a chief executive officer elected

by the electors of the county and any municipality which has

a population of more than 25,000 are home rule units. Other

municipalities may elect by referendum to become home rule

units. Except as limited by this Section, a home rule unit

may exercise any power and perform any function pertaining to

its government and affairs including, but not limited to, the

power to regulate for the protection of the public health,

safety, morals and welfare; to license; to tax; and to incur

debt.

( b ) A home rule unit by referendum may elect not to be a

home rule unit.

( c ) If a home rule county ordinance conflicts with an

ordinance of a municipality, the municipal ordinance shall

prevail within its jurisdiction.

(d) A home rule unit does not have the power (1) to

incur debt payable from ad valorem property tax receipts

maturing more than 40 years from the time it is incurred or

(2) to define and provide for the punishment of a felony.

(e) A home rule unit shall have only the power that the

General Assembly may provide by law (1) to punish by

imprisonment for more than six months or (2) to license for

revenue or impose taxes upon or measured by income or

earnings or upon occupations.

(f) A home rule unit shall have the power subject to

approval by referendum to adopt, alter or repeal a form of

government provided by law, except that the form of

government of Cook County shall be subject to the provisions

of Section 3 of this Article. A home rule municipality shall

have the power to provide for its officers, their manner of

selection and terms of office only as approved by referendum

or as otherwise authorized by law. A home rule county shall

have the power to provide for its officers, their manner of

selection and terms of office in the manner set forth in

Section 4 of this Article.

(g) The General Assembly by a law approved by the vote

of three-fifths of the members elected to each house may deny

or limit the power to tax and any other power or function of

a home rule unit not exercised or performed by the State

other than a power or function specified in subsection (l) of

this section.

(h) The General Assembly may provide specifically by law

for the exclusive exercise by the State of any power or

function of a home rule unit other than a taxing power or a

power or function specified in subsection (l) of this

Section.

(i) Home rule units may exercise and perform

concurrently with the State any power or function of a home

rule unit to the extent that the General Assembly by law does

not specifically limit the concurrent exercise or

specifically declare the State's exercise to be exclusive.

(j) The General Assembly may limit by law the amount of

debt which home rule counties may incur and may limit by law

approved by three-fifths of the members elected to each house

the amount of debt, other than debt payable from ad valorem

property tax receipts, which home rule municipalities may

incur.

(k) The General Assembly may limit by law the amount and

require referendum approval of debt to be incurred by home

rule municipalities, payable from ad valorem property tax

receipts, only in excess of the following percentages of the

assessed value of its taxable property: (1) if its population

is 500,000 or more, an aggregate of three percent; (2) if its

population is more than 25,000 and less than 500,000, an

aggregate of one percent; and (3) if its population is 25,000

or less, an aggregate of one-half percent. Indebtedness which

is outstanding on the effective date of this Constitution or

which is thereafter approved by referendum or assumed from

another unit of local government shall not be included in the

foregoing percentage amounts.

(l) The General Assembly may not deny or limit the power

of home rule units (1) to make local improvements by special

assessment and to exercise this power jointly with other

counties and municipalities, and other classes of units of

local government having that power on the effective date of

this Constitution unless that power is subsequently denied by

law to any such other units of local government or (2) to

levy or impose additional taxes upon areas within their

boundaries in the manner provided by law for the provision of

special services to those areas and for the payment of debt

incurred in order to provide those special services.

(m) Powers and functions of home rule units shall be

construed liberally.

(Source: Illinois Constitution.)

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