Lyons OKs 'unprecedented' gun shop regulations

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http://my.chicagotribune.com/#section/-1/article/p2p-84845085/





Lyons OKs 'unprecedented' gun shop regulations


Dahleen Glanton, Dawn Rhodes

8:07 pm, October 27, 2015

The ordinance was passed as part of a settlement in a lawsuit filed in July by Chicago anti-gun activists who claim that Lyons is one of three suburbs from which a disproportionate number of guns are recovered at crime scenes in Chicago. The other two suburbs — Riverdale and Lincolnwood — were not part of the settlement, and the lawsuit against them continues in Cook County Circuit Court. Effective immediately, the gun shop will have to keep electronic records of anyone who purchases more than one firearm within a 12-month period. All records and documents, including completed forms, must be turned over to local law enforcement within 48 hours if the gun shop dealer determines that the potential buyer is not a "valid or lawful" purchaser.

In addition, the law requires the shop to maintain a digital "do not sell" list of people who purchased a gun that was later traced to a crime. Each gun shop employee must hold a valid firearms owner's identification card. And the shop must audit all inventory and report any loss or discrepancy to the village within 48 hours of discovery.

The ordinance also requires local law enforcement, with the help of the Cook County sheriff's office, to conduct two inspections a year at the gun shop, in addition to the annual inspection by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The gun shop also will be required to install sufficient exterior lighting, surveillance cameras, cameras reporting the point of sale and alarm systems. Failure to comply could result in a fine, suspension or revocation of the business license.
 
The part I think would definitely lose in a challenge is the "no sale list." Just because someone's firearm is traced to a crime doesn't mean that they did anything wrong. You could have all of your firearms in a top of the line safe and someone could still steal them and use them in crimes. Losing your ability to legally purchase a firearm because someone else breaks the law is an asinine idea.

The whole deal sounds like a list of infringements but I can't imagine that part holding up in court, but it could take more appeals than it should.
 
If Obama's got his ears on, I foresee a pattern by which with "...his pen and his cell phone..." he can impose economic sanctions against states that fail to adopt his 2A restrictions.

It's just 'Common Sense'

Simple.
 
Presidents have and will try that. Nonetheless Congress has the power to write law and have and will renegotiate it. The President is not an emperor, he's the day to day executor of what Congress and the Courts decide.

We keep pointing out that if he could outlaw firearms he would have. Not that it would do any good. Even in States where the AWB requires registration it's simply not happening. The citizens have to comply.

What part of America seems to be forgotten with all these claims Obama can write new law? He isn't despite all the fear mongering. I see it as a basic lack of understanding how our government works - it's "of the People, by the People, and for the People."

All of that is off topic. The point is that the local jurisdiction - NOT OBAMA - passed a law focusing on gun stores. Ok - it has to stand scrutiny under zoning code, first challenge. Second, the store can comply, but anyone who "crosses the line" can take up a suit against the municipality, and there will be. That expense will be questioned and the thinking behind it challenged in local politics.

That is the point of how our system works. And there is also the "who cares" factor. After a certain point non-enforcement becomes the norm as other priorities over rule it. And the People will simply keep on buying firearms any way they wish. The "problem" dealers will be identified further and further away, which is already a item on the anti gun agenda, all those pro gun states creating firearms evil around them.

Lots of things will cause this to fail. Certainly not due to anything Obama wants to achieve. His legacy on that front is not looking good already.
 
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Given that the owners of this gun shop negotiated this agreement, I don't know that that they will challenge it.

I've bought a number of guns there, and there's one of their sales people in particular that I buy from. This is a shame, because while I try not to be overly concerned about winding up on government lists, I'm not sure what the upside is to going there now if I need to pay a $25 Cook County fee, have my name placed on a list if I buy a second gun from them within 12 months and have my transactions recorded on video. I can drive the same distance to other gun shops from who I receive equally good service and prices and not deal with this.
 
I can't open the link, but it doesn't sound like the gun shop negotiated the settlement. It sounds like the city agreed to pass an ordinance requiring the gun shop to do these things.
 
All records and documents, including completed forms, must be turned over to local law enforcement within 48 hours if the gun shop dealer determines that the potential buyer is not a "valid or lawful" purchaser.

If they mean any original 4473 form(s) and FFL bound book, things could get very interesting. :evil:
 
It seems pretty clear to me that the real intent of this new requirement is to put the only gun store in the community out of business. I guess it makes some folks feel good that they killed a legitimate business. Customers will be inconvenienced, but not unable to buy guns and ammo by going to a store outside that community. Idiots.
 
I copied and pasted the entire article, as you need to subscribe to the Tribune to access it. FYI, you can do so with a phony e-mail address and at no cost.

The village settled the lawsuit with the co-operation of the owners of the gun shop. I don't think they would have co-operated had they planned on challenging it in court. That being said, if their business drops to where they have nothing to lose, they may change their minds.

I think Vito is right, in that this is a thinly veiled attempt to put them out of business. The anti's have a track record of trying to get in the back door what they can't bring in the front door.


In an attempt to curb the number of illegal firearms that flow from west suburban Lyons to Chicago, the village passed an ordinance Tuesday requiring its lone gun shop to keep extensive records of the weapons it sells and to report unusual activity to local authorities.

Midwest Sporting Goods, which has operated a gun store in Lyons for more than 50 years, must follow an unprecedented set of rules, such as maintaining a "do not sell" list of customers whose weapons have been traced to a crime. In addition, the gun shop will have to report to authorities the names of anyone who attempts to purchase a gun illegally.

The ordinance was passed as part of a settlement in a lawsuit filed in July by Chicago anti-gun activists who claim that Lyons is one of three suburbs from which a disproportionate number of guns are recovered at crime scenes in Chicago. The other two suburbs — Riverdale and Lincolnwood — were not part of the settlement, and the lawsuit against them continues in Cook County Circuit Court.

The settlement comes in the midst of ongoing battles over gun control in Illinois, pitting those who claim that greater restrictions and oversight over gun purchases is essential to curbing violence against those who insist that strict laws violate Second Amendment rights. Some officials called aspects of the agreement "unprecedented."

"This is about being practical and proactive to prevent the sale of guns to the wrong people," said Lyons Mayor Christopher Getty. "The village stands firmly behind our gun shop. We believe they are great operators, but at the same time we did feel more regulation was required."

Attorney Michael Persoon, who represents the lawsuit's plaintiff, the Coalition for Safe Chicago Communities, said Lyons would be dropped from litigation.

"This ordinance shows that once again there is no problem that is so intractable that we can't do something about it when we put our mind to it as a society," Persoon said. "What it takes is the political courage to confront a problem and the political will to do something about it."

The coalition, whose members include activists such as the Rev. Michael Pfleger and Annette Nance-Holt, a Chicago mother whose teenage son was killed on a CTA bus in 2007, filed the lawsuit to target straw buyers and gun trafficking. The ordinance, however, goes beyond what was sought in the lawsuit, officials said.

Effective immediately, the gun shop will have to keep electronic records of anyone who purchases more than one firearm within a 12-month period. All records and documents, including completed forms, must be turned over to local law enforcement within 48 hours if the gun shop dealer determines that the potential buyer is not a "valid or lawful" purchaser.

In addition, the law requires the shop to maintain a digital "do not sell" list of people who purchased a gun that was later traced to a crime. Each gun shop employee must hold a valid firearms owner's identification card. And the shop must audit all inventory and report any loss or discrepancy to the village within 48 hours of discovery.

The ordinance also requires local law enforcement, with the help of the Cook County sheriff's office, to conduct two inspections a year at the gun shop, in addition to the annual inspection by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The gun shop also will be required to install sufficient exterior lighting, surveillance cameras, cameras reporting the point of sale and alarm systems.

Failure to comply could result in a fine, suspension or revocation of the business license.

An ATF study in 2012 found that 29 percent of the guns recovered on Chicago's streets from 2008 to the end of March 2012 were bought in Cook County's suburbs. A gun store in Lyons and another in Riverdale accounted for more than 10 percent of those guns.

Getty said the village was careful not to do anything that would put the longtime family-owned gun shop out of business. He said Midwest was receptive to village officials as they crafted the ordinance.

In a statement, the company said it was committed to working with the village.

"Under the new Lyons ordinance, we look forward to cooperating fully with the Lyons Police Department and all enforcement agencies to identify, report and ferret out any improprieties relating to firearms," Midwest said in the statement posted on its website. "We welcome all lawful purchasers of sporting good to our business. We warn any persons who do not intend to follow all lawful procedures to stay away."

Village Attorney Burton Odelson said the National Rifle Association helped advise Midwest as officials crafted the new ordinance.

However, Richard Pearson, executive director of the Illinois State Rifle Association, said he doesn't support the ordinance and is concerned that there are pitfalls in it for dealers and buyers, particularly with the "do not sell" list.

"That person may not have had anything to do with the crime. Maybe their firearm was stolen," said Pearson, referring to someone whose gun may have been used in a crime. "Legitimate gun owners could go on the list and they didn't do anything wrong."

While the sheriff's office was not involved in the settlement negotiations, it has agreed to work with the village and the Police Department in carrying out aspects of the ordinance, according to Cara Smith, chief strategist for Cook County Sheriff Tom Dart.

"The village is enacting an ordinance that will provide for unprecedented additional oversight over gun shops in the village of Lyons," Smith said. "Certainly the gun dealers our office have worked with in no way want to be associated with the violence that wreaks havoc on our streets. This ordinance positions them as a very responsible law-abiding gun dealer."
 
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If Chicago is SO worried about gun/gang violence, maybe they keep the thugs in jail longer........
Maybe they should do a do not buy list for car dealers for everyone convicted of serious driving offenses and DUIs. Then they expand that to bars and liquor stores - that should solve that problem......
 
I stand corrected. The article does indicate that the gun shop owners cooperated with all of this mess. I didn't get that from what little I could read about it before.

That said, I don't think there's any doubt about the actual intent of this lawsuit: it's to put one more gun shop out of business. Even though the gun shop is cooperative now, the suit may yet succeed in that aim. I'm not convinced that the gun shop really understands just how far Lyons and the plaintiff will expect them to "cooperate."
 
Its a pity that this gun shop felt that this was the way to go. I used to live about two minutes away from there and I stopped in a few times. Wasn't impressed with their prices. Thankfully I no longer live in Crook county and don't have to tolerate their ridiculous attitude about freedom but I still hope this gets taken to court and torn apart piece by piece.
 
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