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ALERT: Dealer Licensing Bill On The Move!


mauserme

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Posted

It's On the Move

HB1016 Gun Dealer Licensing Act



On May 11, 2016, Amendment 1 was filed on HB1016 Safety Tech, proposing to create the Gun Dealer Licensing Act. In typical fashion the anti-gunners filed this amendment after the House had adjourned for the day, when they thought no one was watching.

Make no mistake, Representative Willis' timing was calculated to hide one of the most onerous assaults on gun rights seen in Illinois for years. Hiding their intent is the method preferred by those hoping to eliminate your rights, particularly the group Americans for Responsible Solutions, and legislators who associate with them.

HB1016, if allowed to become law, will add layer upon layer of red tape to the process of selling firearms, red tape meant not to make society safer but designed to drive gun dealers out of business.

HB1016 Stipulates That:



> Dealers must obtain permission from the local sheriff to operate their business by obtaining a statement that they are in compliance with all law

> Applicants must disclose their Social Security number

> Nonresidents may not obtain a dealer license or employee license, and cannot work in a gun store

> Family members may not participate in the family business if under age 21

> In the ultimate circular logic, applicants for a license must first have 5 years licensee experience and pass a written exam

> Employees must be licensed in the same way doctors and lawyers are licensed, including continuing education on subjects still to be defined

> Employees will be registered with the State

> Any person accused of conducting "unlicensed business" is defined as a licensee for the purpose of enforcement, investigation, and hearings

> Any person selling more than 8 firearms can be retroactively considered a dealer

> A license shall not be issued to locations within 500 feet of a school, preschool, or day-care facility, eliminating all possibility of gun stores in Chicago

> License fees are not limited by law

> Branch locations are forbidden without prior approval

> Penalties range as high as $10,000 for each offense, even a first offense. Penalties must be paid within 60 days with no provision for a stay pending appeal

> Unlimited, harassing examinations of records are allowed

> Establishment of a Gun Dealer Licensing Board, similar to the Concealed Carry Licensing Review Board which has been the source of so many problems

> Inclusion on the Board of an anti-gun advocacy group member

> By inference, local anti-gun ordinance is codified into State Statute

> Undefined anti-theft measures are required, beyond those already implemented by the dealer

> Creation of a video record of every sale, available for inspection by State and Federal authorities, which translates to firearm registration

> Failure to live up to "social justice" requirements is a violation of the Act

> A license may be summarily suspended, without a hearing, if suspension is deemed to be in the public interest

Your State Representatives must be told that you oppose the kind of process that runs afoul of the "open government" we all desire. They must know that Illinoisans do not support their efforts to drive gun dealers out of business - that we don't appreciate them taking their orders from out-of-town gun control groups.

They must hear this from YOU!

In the coming days alerts will ask you to call your State Representative and file witness slips expressing your opposition to this bill.

Please begin calling your Representatives now. Tell them to vote against HB1016 and any other, similar legislation that may be filed.

Click here for contact information, or here to search.
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Posted

Holy crikes! So, in other words, if a minority individual is in a gun shop, acting suspicious and the staff suspect a straw purchase or something nefarious, if they don't go through with a sale because there are suspicions of an illegal purchase, they could be fined under this legislation? Even if so doing was totally legal and recommended by the ATF?

Posted

Time to burn up the phone lines in the morning.....

 

You would figure the antis would remember how they're been stamped down, and would stop this crap. Talk about brain dead....

Posted

Holy crikes! So, in other words, if a minority individual is in a gun shop, acting suspicious and the staff suspect a straw purchase or something nefarious, if they don't go through with a sale because there are suspicions of an illegal purchase, they could be fined under this legislation? Even if so doing was totally legal and recommended by the ATF?

Yep, not only recommended by ATF but presumably part of the training required under the Act.

Posted

 

A license shall not be issued to locations within 500 feet of a school, preschool, or day-care facility, eliminating all possibility of gun stores in Chicago
Wasn't this already litigated, and they lost? Sheesh - will they never learn?
Posted

 

A license shall not be issued to locations within 500 feet of a school, preschool, or day-care facility, eliminating all possibility of gun stores in Chicago

Wasn't this already litigated, and they lost? Sheesh - will they never learn?

 

It gets worse. Outside Chicago it's 1,0000 feet!

Posted
Holy crikes! So, in other words, if a minority individual is in a gun shop, acting suspicious and the staff suspect a straw purchase or something nefarious, if they don't go through with a sale because there are suspicions of an illegal purchase, they could be fined under this legislation? Even if so doing was totally legal and recommended by the ATF?

 

That makes perfect sense if you understand the progressive morons that put forward this garbage. Encourage illegal gun use, discourage legal ownership.

Posted
A license shall not be issued to locations within 500 feet of a school, preschool, or day-care facility, eliminating all possibility of gun stores in ChicagoWasn't this already litigated, and they lost? Sheesh - will they never learn?It gets worse. Outside Chicago it's 1,0000 feet!

Wow....

Posted

 

Holy crikes! So, in other words, if a minority individual is in a gun shop, acting suspicious and the staff suspect a straw purchase or something nefarious, if they don't go through with a sale because there are suspicions of an illegal purchase, they could be fined under this legislation? Even if so doing was totally legal and recommended by the ATF?

Yep, not only recommended by ATF but presumably part of the training required under the Act.

I'm no lawyer, but isn't this some kind of a catch twenty two.

Posted

Basically it is a plan to make all gun shops illegal and too expensive to operate in Illinois. There is nothing in this law which makes sense. But they don't want to make sense. They just want to ban all gun sales, and this is a tool to do that.

Posted
Had to leave message with building receptionist in Springfield. Also talked to someone at district office and voiced my opposition.
Posted

The NRA ILA has also created a link to help you draft a letter to numerous reps... https://act.nraila.org/composeletters.aspx?AlertID=237

Posted

I have read the Act and have two questions that perhaps Todd or someone can else can answer.

 

First, does this act apply to those who only sell into interstate commerce? Would an FFL holder

who only sells to internet customers and ships to another FFL holder outside of Illinois be subject

to the licensing provisions of this Act? I know that the Interstate Commerce laws restricted the reach of the federal provisions, so that people could make sales to other people in their own state without an FFL. Is this Act attempting to regulate transfers between FFL"s in and outside Illinois? I am confused.

 

Second, how does the Act interface with the FFL requirements? I don't see a requirement to

hold an FFL before applying for an Illinois license. The federal requirements allow a individual to

sell from a personal collection without a FFL as long as he is not engaged in a "trade or business". The Act seeks to license those in the business, but presumptively includes the sale of 8 or more

firearms into the licensing requirements without distinction as to the guns being from a personal

collection or business inventory. It does not made sense to have different licensing thresholds.

What good would an Illinois license be without an FFL? Can anyone point me in the right direction

to make some sense of all of this?

 

Gary Hetherington

Springfield, Illinois

 

 

Posted

There are some generic sorts of things we're discussing publicly, and some finer points like those you mentioned, that we should keep amongst ourselves.

 

I will say that if the Act draws a distinction for transfers between FFLs I missed that language.

Posted

 

A license shall not be issued to locations within 500 feet of a school, preschool, or day-care facility, eliminating all possibility of gun stores in ChicagoWasn't this already litigated, and they lost? Sheesh - will they never learn?It gets worse. Outside Chicago it's 1,0000 feet!

Wow....

 

Looks like "grandfather" provisions would allow licensee operating in its current location on the effective date of the Act

to be exempt from the 500/1000 ft requirements. The Act then encourages local governments to impose their own limits

on locations. By the way, what is the proposed "effective date" of the Act? This seems to be an important item to know.

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