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ISP Emergency Rules Open for Comment Period - 40 days left to comment


Molly B.

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Last Friday, the ISP submitted their emergency rules to the Secretary of State. There is a 45 day window for comments, 40 left as of today. There are some major changes from the original rules but still some huge problems left.

 

https://www.cyberdriveillinois.com/departments/index/register/volume44/register_volume44_issue_6.pdf

 

Dealer Licensing Emergency Rules register_volume44_issue_6.pdf

 

 

Within 45 days after the publication of this Notice, any interested person
may submit comments, data, views or argument regarding the proposed rules. The
submissions must be in writing and directed to:

Ms. Yvette Loizon
Chief Legal Counsel
Illinois State Police
801 South 7th Street, Suite 1000-S
Springfield IL 62703

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Flinn summary

 

http://www.ilga.gov/commission/jcar/flinn/20200207_February%207,%202020%20-%20Issue%206.pdf

 

A public hearing on this proposed rule is scheduled for Thurs. Feb. 20, at 1:30 p.m. in the Auditorium of the Howlett Building, 501 S. Second St., Springfield (immediately south of the Capitol).

 

Other Pertinent Information: We request all those interested in speaking to RSVP your name and organization to ISP.Rulemaking@illinois.gov. One (1) member from each group may speak for a maximum of three (3) minutes.

 

 

JCAR MEMBERSHIP CHANGE

JCAR welcomes Sen. Bill Cunningham, D-Chicago, as its new co-chair. He succeeds Sen. Don Harmon, D-Oak Park, re-cently elected Senate President.

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From FFL-IL

 

JCAR Committee hearing this morning in Springfield on the emergency rules filed by state police. the Public does not get to speak at meeting.

 

there will be another public hearing on the rules filed this Thursday @ 1pm in Springfield at the Howlett Bldg. Same place as the last one.

 

If you can make Thursday, please show up and speak your mind

 

=========================

 

Republicans on JCAR move to suspend Emergancy [sic] rules on gun dealer licensing, motion fails

 

Rules take effect

 

on to the next hearing on Thursday

 

=======================

86696028_3065073870193403_72044224062433

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Last Friday, the ISP submitted their emergency rules to the Secretary of State. There is a 45 day window for comments, 40 left as of today. There are some major changes from the original rules but still some huge problems left.

 

https://www.cyberdriveillinois.com/departments/index/register/volume44/register_volume44_issue_6.pdf

 

attachicon.gifDealer Licensing Emergency Rules register_volume44_issue_6.pdf

 

 

Within 45 days after the publication of this Notice, any interested person

may submit comments, data, views or argument regarding the proposed rules. The

submissions must be in writing and directed to:

Ms. Yvette Loizon

Chief Legal Counsel

Illinois State Police

801 South 7th Street, Suite 1000-S

Springfield IL 62703

What are some of the problems left?

 

I for one, do not like the electronic records keeping that amounts to a distributed Registry, distributed among each FFL that only requires "upon request by ISP when required by law; " and semi-annual printouts. No mention of a subpoena needed. No requirements for security needed. Just wait until the first one is hacked and distributed.

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What are some of the problems left?

.

 

 

 

"Retail Location" means a location open to the public from which a certified

199 licensee engages in the business of selling, leasing, transferring, or facilitating the

200 sale or transfer of a firearm. For purposes of the Act, a gun show or similar event

201 at which a certified licensee engages in business from time to time is not a retail

202 location. (Section 5-5 of the Act)

 

Does leasing equal 'rentals' at a range?

 

A certified licensee maintaining a retail location shall ensure the following

424 practices are implemented:

425

426 1) Store all inventory in a secure gun storage or safety device to prevent

427 diversion, theft or loss;

 

Definition of "Secure Gun Storage or Safety Device" means:

205

206 a device that, when installed on a firearm, is designed to prevent the

207 firearm from being operated without first deactivating the device;

208

209 a device incorporated in the design of the firearm to prevent the operation

210 of the firearm by anyone not having access to the device; or

211

212 a safe, gun safe, gun case, lock box, or other locked receptacle that is

213 designed to be, or can be, used to store a firearm and that is designed to be

214 unlocked only by use of a key, combination, or other similar means.

 

Have 100 fireams in inventory - each one must be locked in a safe, or trigger lock, etc. This alone could put the rest of the FFLs out of business.

 

Keep ammunition stored securely and out of the reach of customers;

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What are some of the problems left?

.

 

 

 

"Retail Location" means a location open to the public from which a certified

199 licensee engages in the business of selling, leasing, transferring, or facilitating the

200 sale or transfer of a firearm. For purposes of the Act, a gun show or similar event

201 at which a certified licensee engages in business from time to time is not a retail

202 location. (Section 5-5 of the Act)

 

Does leasing equal 'rentals' at a range?

 

A certified licensee maintaining a retail location shall ensure the following

424 practices are implemented:

425

426 1) Store all inventory in a secure gun storage or safety device to prevent

427 diversion, theft or loss;

 

Definition of "Secure Gun Storage or Safety Device" means:

205

206 a device that, when installed on a firearm, is designed to prevent the

207 firearm from being operated without first deactivating the device;

208

209 a device incorporated in the design of the firearm to prevent the operation

210 of the firearm by anyone not having access to the device; or

211

212 a safe, gun safe, gun case, lock box, or other locked receptacle that is

213 designed to be, or can be, used to store a firearm and that is designed to be

214 unlocked only by use of a key, combination, or other similar means.

 

Have 100 fireams in inventory - each one must be locked in a safe, or trigger lock, etc. This alone could put the rest of the FFLs out of business.

 

Keep ammunition stored securely and out of the reach of customers;

 

It's onerous the locked storage part. But I disagree that that means either trigger lock or gun safe. It explicitely says 'gun case' like they use at Bass Pro shops for more expensive rifles, or locking gun racks, locking chains through multiple rifles, or locking display cases that most retail FFLs keep their handguns, etc. Every retail FFL I go to regularly up here, have all already done this.

 

It is onerous, yes. It's an added expense yes. Is it a fix for a problem that doesn't exist? Yes. But, I'll be honest, it's a long way from "This alone could put the rest of the FFLs out of business.". We need to pick our battles. IMHO, I don't see this particular aspect as one.

 

In reality, it's mostly a one-time cost, that is actually able to be depreciated for tax benefits. FAR more onerous is the electronic records BS. Not just stored, but searchable. Not sure if any existing off the shelf Inventory software can even be customized to fill the role. The rules have very specific, unique specifications. Working in IT, I can also say keeping said DB backed up, with decade(s) of sales alone, is going to be a heavy, ongoing cost PAST the initial cost to set it up initially and transfer paper based records into it. THAT is a heck of a lot more than 100 trigger locks.

 

It isn't my direct area of expertise, but I have to believe we have someone who could put together a sample bid to convert a retail FFL, so as to show both the initial cost and regular costs to maintain said electronic record systems. THAT, I think would be productive.

 

Or I could be off-base.

 

I for one am writing to point out the trampling of my individual rights said electronic records are, and their openness to abuse by govt agencies because of the lack of due process protections to pull the information.

 

I agree LEASING needs to be clarified. Do any FFLs actually lease to LEO Departments?

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Any updates on yesterdays hearing?

 

edit: full story at link...

https://www.thecentersquare.com/illinois/video-surveillance-storage-requirements-among-top-concerns-of-gun-store/article_d2ea9052-542e-11ea-9d6f-378a12cdcc01.html

 

...Video surveillance, storage requirements among top concerns of gun store owners as rules are set for new state gun dealer law

 

Illinois gun dealers told Illinois State Police officials about their concerns with the rules for the Firearm License Certification Act.

 

During public comments on Thursday in Springfield, about a dozen members of the public spoke about how the rules would affect them. Two people sought to beef up the rules, by increasing the video surveillance backup requirement from 90 days to 1 year.

 

Gun store owners and advocates expressed their concerns.

 

Todd Vandermyde with Federal Firearms Licensees of Illinois said one gun store he knows has 125 cameras.

 

What your requirements have been talking about are asking him to upload 125 high-definition Netflix movies simultaneously, Vandermyde said. And now if you want to take that were being asked that that should go to a year? Youve already run 50 percent of the gun dealers out of business in this state. Youre going to drastically remove the few that are left now....

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