IL Governor's AWB - If you live in Ilinois call and write NOW!!

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Jeff White

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Contact your IL Senate and House representatives NOW! http://www.ilga.gov/senate/ http://www.ilga.gov/house/
A short while ago Governor Quinn vetoed SB0681 which required Illinois residents to send a copy of their Illinois DL along with a copy of their FOID card when buying ammunition online and replaced the text with an assault weapons ban:

http://www.ilga.gov/legislation/bil...1&GA=97&DocTypeID=SB&LegID=55510&SessionID=84

Governor Amendatory Veto Message
Proposes replacing the current provisions of the bill with amendments to the Criminal Code of 1961. Provides that 90 days after the effective date of this amendatory Act, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed a semi-automatic assault weapon, an assault weapon attachment, any .50 caliber rifle, or .50 caliber cartridge. Provides that beginning 90 days after the effective date of this amendatory Act, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed a large capacity ammunition feeding device. Provides that these provisions do not apply to a person who possessed a prohibited weapon, device, or attachment before the effective date of this amendatory Act if the person has provided proof of ownership to the Department of State Police within 90 days after the effective date of this amendatory Act. Provides that on or after the effective date of this amendatory Act, such person may transfer such device only to an heir, an individual residing in another state maintaining that device in another state, or a dealer licensed as a federal firearms dealer. Specifies penalties for violations. Provides exemptions. Provides that the provisions of the Act are severable.

I don't know of any other state that has an amendatory veto like this that allows the governor to replace the text of a bill and even change the complete focus of the bill.

This is Quinn's veto message:

http://www.ilga.gov/legislation/ful...s=0&DocTypeId=SB&DocNum=0681&GAID=11&Session=
July 31, 2012



To the Honorable Members of the Illinois Senate

97th General Assembly



Pursuant to my constitutional powers as Governor of the State of Illinois, I hereby return Senate Bill 681 with specific recommendations for change. In doing so, I propose to ban assault weapons and high-capacity ammunition magazines in our state.



As Governor, it is my foremost duty to protect the citizens of Illinois, especially our children, from deadly violence.



I am a strong supporter of the Second Amendment of the United States Constitution– the right to bear arms.



However, the proliferation of military-style assault weapons and high-capacity ammunition magazines undermines public safety and the right of personal security of every citizen.



Right now, anyone with a FOID card in Illinois is permitted by law to purchase an assault weapon. Illinois also does not impose any restrictions on the purchase or possession of high-capacity ammunition magazines, which automatically feed ammunition into a firearm chamber to allow the user to fire repeatedly without reloading.



Banning assault weapons and high-capacity ammunition magazines will make Illinois a safer place to live.



Other states including California, Connecticut, Massachusetts, New Jersey and New York all have such bans in place. The ban would not pertain to law enforcement officials or members of the military.



There is no place in the State of Illinois for weapons designed to rapidly fire at human targets at close range.


My action today gives the members of the General Assembly an immediate opportunity to protect the people of Illinois by banning assault weapons and high-capacity ammunition magazines.



Therefore, pursuant to Article IV, Section 9(e) of the Illinois Constitution of 1970, I hereby return Senate Bill 681, entitled “AN ACT concerning regulation.”, with the following specific recommendations for change:



By replacing everything after the enacting clause with the following:



“Section 5. The Criminal Code of 1961 is amended by adding Sections 24-1.9 and 24-1.10 as follows:



(720 ILCS 5/24-1.9 new)



Sec. 24-1.9. Manufacture, possession, delivery, sale and purchase of semi-automatic assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges.

(a) Definitions. In this Section:

(1) “Semi-automatic assault weapon” means:

A. Any of the firearms or types, replicas, or duplicates in any caliber of the firearms, known as:

i. Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

ii. Action Arms Israeli Military Industries UZI and Galil;

iii. Beretta AR-70 (SC-70);

iv. Colt AR-15;

v. Fabrique Nationale FN/FAL, FN/LAR, and FNC;

vi. SWD M-10, M-11, M-11/9, and M-12;

vii. Steyr AUG;

viii. INTRATEC TEC-9, TEC-DC9, and TEC-22; and

ix. Any shotgun which contains its ammunition in a revolving cylinder, such as (but not limited to) the Street Sweeper and Striker 12;

B. A semi-automatic rifle that has an ability to accept a detachable magazine and has any of the following:

i. A folding or telescoping stock;

ii. A pistol grip or thumbhole stock;

iii. A shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned; or

iv. A fixed magazine that has the capacity to accept more than 10 rounds of ammunition;

C. A semi-automatic pistol that has an ability to accept a detachable magazine and has any of the following:

i. A folding, telescoping, or thumbhole stock;

ii. A shroud that is attached to or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

iii. An ammunition magazine that attaches to the pistol outside the pistol grip;

iv. A fixed magazine that has the capacity to accept more than 10 rounds of ammunition;

v. A manufactured weight of 50 ounces or more when the pistol is unloaded; or

vi. A semi-automatic version of an automatic firearm;

D. A semi-automatic shotgun that has any of the following:

i. A folding or telescoping stock;

ii. A pistol grip or thumbhole stock;

iii. A fixed magazine capacity in excess of 5 rounds; or

iv. An ability to accept a detachable magazine.

“Semi-automatic assault weapon” does not include:

A. Any firearm that:

i. Is manually operated by bolt, pump, lever, or slide action;

ii. Is an “unserviceable firearm” or has been made permanently inoperable; or

iii. Is an antique firearm;

B. Any air rifle as defined in Section 1 of the Air Rifle Act.

(2) “Assault weapon attachment” means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in paragraph (1) of subsection (a) of this Section.

(3) “Antique firearm” has the meaning ascribed to it in 18 U.S.C. Section 921 (a)(16).

(4) “.50 caliber rifle” means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm as defined in 18 U.S.C. Section 921 (a)(16), any shotgun including a shotgun that has a rifle barrel, or a muzzle-loader used for “black powder” hunting or battle re-enactments.
 
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(5) “.50 caliber cartridge” means a cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle. The term “.50 caliber cartridge” does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber.

(b) Except as provided in subsections (c) and (d), 90 days after the effective date of this amendatory Act of the 97th General Assembly, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed, a semi-automatic assault weapon, an assault weapon attachment, any .50 caliber rifle, or .50 caliber cartridge.

(c) This Section does not apply to a person who possessed a weapon or attachment prohibited by subsection (b) before the effective date of this amendatory Act of the 97th General Assembly, provided that the person has provided proof of ownership to the Department of State Police within 90 days after the effective date of this amendatory At of the 97th General Assembly as required by law. On or after the effective date of this amendatory Act of the 97th General Assembly, such person may transfer such weapon or attachment only to an heir, an individual residing in another state maintaining that weapon in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968.

(d) This Section does not apply to or affect any of the following:

(1) Peace officers as defined in Section 2-13 of this Code and retired peace officers not otherwise prohibited from receiving a firearm, in possession of a semi-automatic assault weapon, assault weapon attachment, or .50 caliber rifle transferred to the retired peace officer by his or her law enforcement agency upon retirement.

(2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United State or the Illinois National Guard, while in the performance of their official duties or while traveling to or from their place of duty.

(4) Manufacture, transportation, or sale of weapons, attachments, or ammunition to persons authorized under subdivisions (1) through (3) of this subsection to possess those items.

(5) Possession of a semi-automatic assault weapon, an assault weapon attachment, a .50 caliber rifle, or a .50 caliber cartridge at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of the firearm or attachment, or while traveling to or from this location if the items are broken down in a non-functioning state, or are not immediately accessible, or are unloaded and enclosed in a care, firearm carrying box, shipping box, or other container.

(6) Possession of any firearm if that firearm is sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, but only when the firearm is in the actual possession of an Olympic target shooting competitor or target shooting coach for the purpose of storage, transporting to and from Olympic target shooting practice or events if the firearm is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events. For the purposes of the paragraph (6), “firearm” is defined in Section 1.1 of the Firearm Owners Identification Card Act.

(7) Possession of a semi-automatic assault weapon, an assault weapon attachment, a .50 caliber rifle, or a .50 caliber cartridge only for a hunting use expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for such hunting use under the Wildlife Code if the items are broken down in a non-functioning state, or are not immediately accessible, or are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

(8) Manufacture, transportation, possession, sale, or rental of blank-firing semi-automatic assault weapons and .50 caliber rifles or the weapons respective attachments to persons authorized or permitted, or both authorized and permitted to acquire and possess such weapons for the purposes of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(e) Sentence.

(1) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed a semi-automatic assault weapon in violation of this Section commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

(2) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section an assault weapon attachment commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(3) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section a .50 caliber rifle commits a Class 3 felony for a first violation and a Class 3 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

(4) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section a .50 caliber cartridge commits a Class A misdemeanor.

(720 ILCS 5/24-1.10 new)

Section 24-1.10. Manufacture, possession, delivery, sale, and purchase of large capacity ammunition feeding devices.

i. As used in this Section:

“Large capacity ammunition feeding device” means:

1) A magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; or

2) Any combination of parts from which a device described in paragraph (1) can be assembled.

“Large capacity ammunition feeding device” does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or any device that has been made permanently inoperable.

(b) Except as provided in subsections (c) and (d), it is unlawful for any person within this State, beginning 90 days after the effective date of this amendatory Act of the 97th General Assembly, to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed , a large capacity ammunition feeding device.

(c) This Section does not apply to a person who possessed a device prohibited by subsection (b) before the effective date of this amendatory Act of the 97th General Assembly, provided that the person has provided proof of ownership to the Department of State Police within 90 days after the effective date of this amendatory Act of the 97th General Assembly as required by law. On or after the effective date of this amendatory Act of the 97th General Assembly, such person may transfer such device only to an heir, an individual residing in another state maintaining that device in another state, or a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968.

(d) This Section does not apply to or affect any of the following:

1) Peace officers as defined in Section 2-13 of this Code and retired peace officers not otherwise prohibited from receiving a firearm, in possession of a large capacity ammunition feeding device transferred to the retired peace officer by his or her law enforcement agency upon retirement.

2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.

3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duties or while traveling to or from their place of duty.

4) Manufacture, transportation, or sale of large capacity ammunition feeding devices to persons authorized under subdivisions (1) through (3) of this subsection to possess those items.

5) Possession of a large capacity ammunition feeding device at events taking place at the World Shooting and Recreational Complex at Sparta, only while engaged in the legal use of the device, or while traveling to or from this location if the items are broken down in a non-functioning state, or are not immediately accessible, or are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

6) Possession of any large capacity ammunition feeding device if that large capacity ammunition feeding device is sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United Sates, but only when the large capacity ammunition feeding device is in the actual possession of an Olympic target shooting competitor or target shooting coach for the purpose of storage, transporting to and from Olympic target shooting practice or events if the device is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, and when the Olympic target shooting competitor or target shooting coach is engaging in those practices or events.

7) Possession of a large capacity ammunition feeding device only for a hunting use expressly permitted under the Wildlife Code, or while traveling to or from a location authorized for such hunting use under the Wildlife Code if the items are broken down in a non-functioning state, or are not immediately accessible, or are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.

(e) Sentence. A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section a large capacity ammunition feeding device capable of holding more than 17 rounds of ammunition commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for possession or delivery of 2 or more of these devices at the same time. A person who knowingly manufactures, delivers, sells, purchases, possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section a large capacity ammunition feeding device capable of holding more than 10 rounds but not more than 17 rounds of ammunition commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation or for possession or delivery of more than one of these devices at the same time.



Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.”





With these changes, Senate Bill 681 will have my approval. I respectfully request your concurrence.





Sincerely,







PAT QUINN

Governor
....
 
Called and e-mailed. For those who do not have the time to compose an e-mail, I sent this. (Not everyone will move out of state, so amend as needed.)

"I strongly oppose the proposed ban on so-called "assault weapons" and high-capacity magazines in Illinois. History has shown that these bans do not prevent criminals from obtaining weapons, and criminalize those than own and use them peacefully. Crimes committed with the described rifles are exceedingly rare. Chicago has already essentially outlawed handguns outside the home, yet the handgun murder rate in Chicago is horrendously high; those intent on violence do not heed such laws.

This is nothing more than a feel-good measure with no practicality. If passed, many of my peaceful fellow residents would be classified as criminals by the state. Many of them (myself included) will opt to move out of Illinois, removing our tax money from Illinois."

Every public opinion poll reveals that a large majority do not want these ineffective bans. The loss of money and votes is not worth a useless law.
 
This won't come to pass, it will only end up killing a bill that had been designed to clarify Internet sales of ammo to Illinois residents.

The action could be challenged, the court might rule that what the governor is trying to do here - creating a new law with an amendment - violates the Illinois constitution.
 
I am not looking for it to pass either. But I doubt a court would kill it. The rules allow "shell bills" to be introduced with no text so the Speaker or someone else can insert text at the last minute and call a vote. Often used to hide onerous legislation from public view.

The state is racing California into bankruptcy and the governor finds time to waste on a gun control proposal.....:fire:
 
Wow. I've never seen anything like that "amendatory veto." If that were at the federal level, I'd be screaming "separation of powers" at the top of my lungs. :cuss:

That's a really, really remarkable bill.
(a) Definitions. In this Section:

(1) “Semi-automatic assault weapon” means: . . . .


iii. A shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned; or . . . .

“Semi-automatic assault weapon” does not include: . . . .

B. Any air rifle as defined in Section 1 of the Air Rifle Act. . . . .
So, as regards that whole "shroud" business . . . If it partially encircles the barrel and permits the shooter to hold the firearm with the non-trigger hand without being burned, . . . wait, don't most rifle stocks do that? ;)

But it is for the children, I guess.
As Governor, it is my foremost duty to protect the citizens of Illinois, especially our children, from deadly violence.

Good luck, Illinois. I mean that.
 
All this means is that the bill he attached it to will die now - it was a bill that clarified Internet ammo sales.

If the suporters of the bill really really wanted that bill - they could challenge Quinn's actions in court.

It's not the first time a governor has tried this:

People ex rel. Klinger v. Howlett, 278 NE 2d 84 - Ill: Supreme Court

http://scholar.google.com/scholar_c...lingert+v.+Howlett&hl=en&as_sdt=2,14&as_vis=1

Upon the basis of the imprecise text of the constitutional provision and the materials before us in this case, we cannot now attempt to delineate the exact kinds of changes that fall within the power of the Governor to make specific recommendations for change. It can be said with certainty, however, that the substitution of complete new bills, as attempted in the present case, is not authorized by the constitution.




I think what he is trying to do is illegal, but IMO - that ammo bill was not critical.
 
You say that all this will do is kill the bill?

Until he does the same damn thing with EVERY bill until he gets the point across.

You guys don't seem to get the point, if he can do it once, he can keep doing it OVER AND OVER again.
 
I am a strong supporter of the Second Amendment of the United States Constitution– the right to bear arms.

However, I am a liar, and want to ban guns for no reason other than to make myself look good to leftist voters, and make people who love socialism and power feel good.
Is that a little closer to the truth, eh, Governor? Good luck, guys; I was in The Windy City in 86/87 in my Navy days, will never return while the laws are so draconian.
 
This made me take an inventory tonight.

Put this in context to explain to you exactly HOW many felonies I could be charged with, if the Governor's proposed assault weapon ban passes in Illinois:

1) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed a semi-automatic assault weapon in violation of this Section commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

*76 Class 2 Felonies*

2) person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section an assault weapon attachment commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(this includes MAGAZINES)

So another 266 Class 3 Felonies - based on the magazines I found during my count . I didn't check every drawer, box, nook and cranny in the house for loose AR and pistol mags That's all I could find on short notice, sure I have more tucked away somewhere. Sounds like a lot but it only works out to 3.5 magazines per gun...

I didn't count loose parts - too tired. Not sure how all of my parts kits would be affected. I counted 100% receivers in the first tally.

(3) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section a .50 caliber rifle commits a Class 3 felony for a first violation and a Class 3 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

*1* class 3 felony

(4) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed in violation of this Section a .50 caliber cartridge commits a Class A misdemeanor.

12,000+ misdemeanors (I am NOT counting all of those, but I have at *least* 12,000 rounds of 50 BMG ammo)

So.. final tally:

At *LEAST* 343 felonies and over 12,000 misdemeanor charges.

Wonder how much jail time that is?
 
Our state is the last hope for anti gunners and a model of what their goal is. Lets drive our politicians crazy with our response and rage. Who's with me???
 
I hate this state.... I've been trying to hop the border to indiana but funds and timing hasn't been right...

Does someone have a list of who we can call? Andi maybe post it here?
 
From what I've read and heard today, I don't think this is gonna stick. I'm guessing Pat Quin is just pandering to the Brady's. However, we shoulden't give our state politicians any slack.
 
According to our NRA lobbyist Quinn's proposal has virtually no chance of surviving.


Legislative Update 8/1/12

Well just about the time you don’t think there are any more stunts to be pulled, and that all the grandstanding was going to be done in Washington, we get this stunt here in Illinois.

The Governor took a bill to clean up ammo sales that we proposed, and passed, and used his Amendatory Veto authority to gut the bill and re-write it to be the City of Chicago’s semi-auto ban.

We have seen this language before and it didn’t have the votes to pass then, and it doesn’t have the votes to pass no in our opinion. In fact, we control the legislation. Since it is our bill to begin with, we picked the sponsors for the bill, people who generally believe like we do. So we control the bill from the stand point of if the veto message even gets called.

The procedure is for the sponsor of the bill to file a motion to either accept or reject the Governor’s action. Since we have no intention of accepting them, the only options then are to either move to override the veto, or not call the motions for a vote.

Either way, the semi-auto ban has no way of becoming law. For other reasons, I won’t go into all of our other issues or scenarios, and possibilities. There is a lot going on right now, but we are still in the driver’s seat and even if the Governor wanted to call a special session on guns, he won’t beat us.
 
Regardless of the potential for this action by the Governor of Illinois to essentially ban firearms by fiat to last he should be overwhelmingly shown such behavior will not be allowed.
 
Armalite and LMT are both in Illinois. I guess if this passed, it would force them to move or shut down.

I love the bold faced lie in his statement as well "I am a strong supporter of the Second Amendment of the United States Constitution". Obviously you are not, and you probably don't even know or care what the purpose of the Second Amendment is.
 
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