At the Capitol

[Tvandermyde]

It's been an interesting week at the Capitol.

 

We have host of bills. In the House we have:

 

HB-180 a bill to require FFLs to get a new state firearms license from the State Police. It also has the registration of every firearm sold in the last two years and the registration of every handgun sold going forward. It contains other things like warrantless searches for FFLs and attempts to let Chicago run them out of business. HB-5734 is a clone of HB-180, it has not been assigned to a committee.

 

HB-180 had been in rules after last session but was kicked out to the floor and put back on third reading for final passage. This sent up some red flags for gun owners but we think it tipped us to some of the City of Chicago's thinking.

 

A big thank you goes out to Cabela's for using their email network to spread the word about HB-180 and get their supporters calling in.

 

HB-5172 is a bill to eliminate center consoles and gloves boxes as "cases" or "containers" as a response to the Diggins ruling. HB-5172 has not been assigned to a committee.

 

HB-5495 is the old one handgun per month bill. Rationing our Constitutional rights even in light of the Heller decision is an annual favorite of the anti-gunners. It has not been assigned to a committee.

 

HB-5751 is another semi-auto ban broader than the '94 Clinton gun ban. Identical to bills introduced last year it has not been assigned to a committee.

 

HB-5840 is the new version of last year's HB-48 no private transfers of handguns in Illinois. All handgun transfers must take place at an FFL. The real implications of this are that the FFL will take control of the handgun, require a 4473 and the waiting period won't start until the buyer does the paperwork. However, many of the FFLs in the metropolitan area have said the $10 fee doesn't cover their costs of doing the paper work. So you can add a new tax on the transfer of that handgun you wanted to sell or trade to your neighbor as well. HB-5840 has been assigned to the Executive Committee, but no hearing has been scheduled.

 

HB-5849 is a bill to attempt to undo the Illinois Supreme Court decision in Diggins from last year. HB-5849 wants to require the use of only portable cases or containers designed for transporting firearms. This poses numerous problems as using something other than a "firearm" case now gets you a felony. HB-5849 has been assigned to the Executive Committee but no hearing has been set.

 

HB-6132 is a new bill that attempts to make it a class 1 felony to sell a gun to someone you "know" is a gang member. The problem with this is 1. How do you know the person is a gang member? By clothing, shoe laces or jewelry? Tattoos? What if the individual has a FOID card and has no criminal background, where they are not prohibited to own a firearm under state or federal law. 2. If a labor union is convicted of a RICO charge, does that make every member of the union a gang member?

 

This bill has been assigned to the house Judiciary Criminal Committee and is scheduled for a committee hearing this Thursday.

 

We also have HB-5832. This is currently a shell bill –a bill with no real content. However we are being told that there will be an amendment to it that will change UUW and require mandatory jail time. On it's face it seems like no big deal but this means that without a carry permit in Illinois someone who crosses the border with a carry permit would not face mandatory jail time for a mistake. A business man who wants to protect himself on the way to the bank gets mandatory jail time.

 

But the real question is whether this signals a tactical shift by the City to use shell bills to play hide the gun ban? We don't know but will be keeping an eye on it.

 

The House also has some pro-gun bills in it.

 

HB-4835 by Rep. David Reis would remove the waiting period when trading one firearm for another. The bill passed the House Agriculture Committee and is now on the floor.

 

HB-4965 by Rep. Chapin Rose would eliminate the need to mail in a picture for a FOID card if the individual has a drivers license or state ID.

 

HB-5166 by Rep Roger Eddy seeks to clean up problems with the FOID card where people who have not been diagnosed with a mental illness are denied FOID cards. Individuals who require medical care are sometimes placed in beds coded for mental illness and then reported to the State Police as having been in a mental institution and have their FOID cards. HB-5166 is posted for a hearing in the House Judicial Criminal Committee this week.

 

HB-5221 & HB-6249 Are RTC bills. These bills are redrafts of last year's RTC bills. HB-6249 is posted for the Agriculture Committee hearing for this week.

 

HB-5231 by Rep. Bradley eliminates a conflict between the UUW statute where a business owners can possess a firearm in their own business, but another part of the statute does not allow that to take place if it is a bar or place that sells alcohol. HB-5231 makes it clear that a bar owner or manager can have a firearm for self defense on the premises.

 

HB-5741 by Rep David Reis would allow people to keep a firearm in a vehicle that is parked in a parking lot supported by public funds. This would stop criminalizing individuals who pull into a rest area on their way to a hunting trip.

 

I look for things to heat up over the next two weeks. The deadline for moving bills out of committee is the 12^th. Two days after IGOLD. Bills normally need a 7 day posting to be heard, but the rule can be waved. So we should know the Day after IGOLD if we have much more coming at us in the House.

 

It look like the City of Chicago has the smell of fear about it with the McDonald case coming up for oral arguments in a week. My belief is that they want to toss as much spaghetti on the wall to see what sticks in an effort to pass something, figuring that even if they lose McDonald, that they can hold us off in court for a while. More on this after I do the senate report.

[Arch1GLK]

Thanks Todd,

Everyone will be looking up those dusty instructions on "Using speed-dial".

[THE KING]

Todd

 

Thanks for giving us that synopsis of the House Bills. It is very interesting to read how stupid some of our legislators really are.

 

In regards to HB 5172, 5849 AND 6132.

 

How do the legislators think they can change the law to suit their needs when the supreme court has already decided what a case is ?? If it's not a case, well I would consider it a container. How's that !! As far as 6132 goes, talk about up for interpretation on what a gang member is

 

Are these legislators really that stupid or just desperate due to the McDonald case

 

I'm glad you have this job, cause I would not have the patience to deal with such idiots. My head would probably explode the first day

[Molly B.]

Todd

 

Thanks for giving us that synopsis of the House Bills. It is very interesting to read how stupid some of our legislators really are.

 

In regards to HB 5172, 5849 AND 6132.

 

How do the legislators think they can change the law to suit their needs when the supreme court has already decided what a case is ?? If it's not a case, well I would consider it a container. How's that !! As far as 6132 goes, talk about up for interpretation on what a gang member is

 

Are these legislators really that stupid or just desperate due to the McDonald case

 

I'm glad you have this job, cause I would not have the patience to deal with such idiots. My head would probably explode the first day

 

I believe the judges stated in this case that the console of a vehicle fell under the definition of case as defined in the statutes and went on to suggest the legislature re-define the term of firearm carrying case, shipping box or other container if their intent was to exclude the console of a vehicle.

 

Looks like that is what they are trying to do.

[Tvandermyde]

Molly is right as I was taught long ago, you can write the law if I write the definition, I'll win every time.

[Ashrak]

It's been an interesting week at the Capitol.

 

We have host of bills. In the House we have:

 

HB-180 a bill to require FFLs to get a new state firearms license from the State Police. It also has the registration of every firearm sold in the last two years and the registration of every handgun sold going forward. It contains other things like warrantless searches for FFLs and attempts to let Chicago run them out of business. HB-5734 is a clone of HB-180, it has not been assigned to a committee.

 

HB-180 had been in rules after last session but was kicked out to the floor and put back on third reading for final passage. This sent up some red flags for gun owners but we think it tipped us to some of the City of Chicago's thinking.

 

A big thank you goes out to Cabela's for using their email network to spread the word about HB-180 and get their supporters calling in.

 

HB-5172 is a bill to eliminate center consoles and gloves boxes as "cases" or "containers" as a response to the Diggins ruling. HB-5172 has not been assigned to a committee.

 

HB-5495 is the old one handgun per month bill. Rationing our Constitutional rights even in light of the Heller decision is an annual favorite of the anti-gunners. It has not been assigned to a committee.

 

HB-5751 is another semi-auto ban broader than the '94 Clinton gun ban. Identical to bills introduced last year it has not been assigned to a committee.

 

HB-5480 is the new version of last year's HB-48 no private transfers of handguns in Illinois. All handgun transfers must take place at an FFL. The real implications of this are that the FFL will take control of the handgun, require a 4473 and the waiting period won't start until the buyer does the paperwork. However, many of the FFLs in the metropolitan area have said the $10 fee doesn't cover their costs of doing the paper work. So you can add a new tax on the transfer of that handgun you wanted to sell or trade to your neighbor as well. HB-5480has been assigned to the Executive Committee, but no hearing has been scheduled.

 

HB-5849 is a bill to attempt to undo the Illinois Supreme Court decision in Diggins from last year. HB-5849 wants to require the use of only portable cases or containers designed for transporting firearms. This poses numerous problems as using something other than a "firearm" case now gets you a felony. HB-5849 has been assigned to the Executive Committee but no hearing has been set.

 

HB-6123 is a new bill that attempts to make it a class 1 felony to sell a gun to someone you "know" is a gang member. The problem with this is 1. How do you know the person is a gang member? By clothing, shoe laces or jewelry? Tattoos? What if the individual has a FOID card and has no criminal background, where they are not prohibited to own a firearm under state or federal law. 2. If a labor union is convicted of a RICO charge, does that make every member of the union a gang member?

 

This bill has been assigned to the house Judiciary Criminal Committee and is scheduled for a committee hearing this Thursday.

 

We also have HB-5832. This is currently a shell bill –a bill with no real content. However we are being told that there will be an amendment to it that will change UUW and require mandatory jail time. On it's face it seems like no big deal but this means that without a carry permit in Illinois someone who crosses the border with a carry permit would not face mandatory jail time for a mistake. A business man who wants to protect himself on the way to the bank gets mandatory jail time.

 

But the real question is whether this signals a tactical shift by the City to use shell bills to play hide the gun ban? We don't know but will be keeping an eye on it.

 

The House also has some pro-gun bills in it.

 

HB-4835 by Rep. David Reis would remove the waiting period when trading one firearm for another. The bill passed the House Agriculture Committee and is now on the floor.

 

HB-4965 by Rep. Chapin Rose would eliminate the need to mail in a picture for a FOID card if the individual has a drivers license or state ID.

 

HB-5166 by Rep Roger Eddy seeks to clean up problems with the FOID card where people who have not been diagnosed with a mental illness are denied FOID cards. Individuals who require medical care are sometimes placed in beds coded for mental illness and then reported to the State Police as having been in a mental institution and have their FOID cards. HB-5166 is posted for a hearing in the House Judicial Criminal Committee this week.

 

HB-5221 & HB-6249 Are RTC bills. These bills are redrafts of last year's RTC bills. HB-6249 is posted for the Agriculture Committee hearing for this week.

 

HB-5231 by Rep. Bradley eliminates a conflict between the UUW statute where a business owners can possess a firearm in their own business, but another part of the statute does not allow that to take place if it is a bar or place that sells alcohol. HB-5231 makes it clear that a bar owner or manager can have a firearm for self defense on the premises.

 

HB-5741 by Rep David Reis would allow people to keep a firearm in a vehicle that is parked in a parking lot supported by public funds. This would stop criminalizing individuals who pull into a rest area on their way to a hunting trip.

 

I look for things to heat up over the next two weeks. The deadline for moving bills out of committee is the 12th. Two days after IGOLD. Bills normally need a 7 day posting to be heard, but the rule can be waved. So we should know the Day after IGOLD if we have much more coming at us in the House.

 

It look like the City of Chicago has the smell of fear about it with the McDonald case coming up for oral arguments in a week. My belief is that they want to toss as much spaghetti on the wall to see what sticks in an effort to pass something, figuring that even if they lose McDonald, that they can hold us off in court for a while. More on this after I do the senate report.

 

(Just linking up Todd's post.)

[Newhunter1]

ttt