* Every news outlet mentioned the threat by the Illinois State Rifle Association to file suit against the new gun dealer licensing law. But Jonah Meadows at Patch explained what the group was actually threatening to do…
The Illinois State Rifle Association has opposed the bill. Executive Director Richard Pearson said the group is considering a court challenge to the new law. He said it discriminates against small business owners and is aimed at reducing the total number of legal guns in the state by raising their cost and making it harder for law-abiding firearm owners to purchase them.
“We think that it’s totally unfair, and laws do have to be fair, in spite of what the legislature thinks,” Pearson said, suggesting the bill would do little to reduce gun trafficking and instead function mainly to drive gun dealers out of business and owners and their business out of state. “I assume that Gov. Pritzker is trying to get the economic development award from Indiana, Missouri, Iowa, Wisconsin and Kentucky.”
Under the law, owners of gun shops would need to pay the required $300 (for dealers without a retail location) to a maximum of $1,500 for a license from state police. They would also have to ensure shops have operational locks, surveillance equipment and alarms while keeping an electronic inventory and have employees go through annual training. The owners must provide a copy of a valid federal license to state police, who must accept a dealer’s “safe storage plan” to provide an Illinois license.
Another component of the new law requires state police to publish information about firearms used in crimes and penalize those who do not maintain records of private gun sales.
I’m not really sure how the law discriminates against small businesses or whether that’s even actionable. A little help in comments would be appreciated.
And I think they’d have to prove the law was purposely drafted to make business so difficult for small dealers that they’d go out of business and, as a result, deprive people of their right to own a gun.
These are not small hurdles, but I didn’t think they’d win the concealed carry case, either. So, we’ll see.
* And then there’s the procedural aspect…
Lawmakers passed the bill with simple majorities more than six months ago on May 30, the penultimate day of regular session. The state constitution says bills that pass both chambers must be sent to the governor within a month, but Senate President John Cullerton made sure the bill didn’t go to former Gov. Bruce Rauner, who said he planned to veto it.
Cullerton put a procedural hold called a “motion to reconsider” on the bill, which kept it from Rauner’s desk. That hold was lifted Jan. 8 and sent to Pritzker Wednesday.
Using a procedural hold isn’t a new trick. Longtime statehouse observer and University of Illinois Professor Emeritus Kent Redfield said it’s technically possible for lawmakers to hold a bill that passed in one General Assembly and then pass it onto a new governor. He said it’s an ambiguous area that he’s not aware has been fully litigated.
“Particularly if it’s controversial legislation involving something like gun control measures … there certainly would be a court challenge,” Redfield said.
[Federal Firearms Licensees of Illinois Executive Director Todd Vandermyde] said his group is looking a number of options, including a legal challenge. The law is set to take effect this summer.
“It just shows the political chicanery that went on with this, that they knew that former Gov. [Bruce] Rauner would veto this bill because of its anti-business, anti-Second Amendment repercussions,” he said.
The courts here have almost always been super reluctant to deal with legislative process issues like this, so I’m thinking probably not, particularly since the state Constitution is totally silent on the matter.
Something else not mentioned much in the coverage was that House Republican Leader Jim Durkin and six of his HGOP colleages voted for the bill (Andersson, Bellock, Breen, McAuliffe, Olsen and Winger), while four Senate Republicans voted “Yes” (Curran, Nybo, Oberweis and Rooney)
* I’ve been a customer of Siddens firing range for years and they also sell guns and conduct pistol and concealed carry training. Great people. Salt of the Earth. I’ve never once had a bad time there and I highly recommend going if you’re into that sort of thing.
I’m sure they’re not happy with this law. Just the opposite. But no business owner in the history of the world ever jumped for joy at new regulations. Again, we’ll just have to see how this all works out.
…Adding… Like I said, businesses don’t like regulations, even when the regulations wouldn’t touch them at all…
Supporters of the bill said federal regulators are stretched too thin, but opponents say the new licensing is expensive, and could force small dealers out of business.
The director of operations at On Target gun shop in Crystal Lake said they are already doing what the law will now mandate.
“It’s not just the straw sales that are producing the guns that are killing people, it’s illegal stolen guns from other states that are brought up to Illinois. So why take it out on us?” said Tom Dorsch.