'Waffle House' Gun Bill, Gun Dealer Registration Pass IL Senate

SPRINGFIELD, IL — Senators approved a plan to require licenses for gun dealers with some modifications from a similar bill vetoed in March. The Senate voted 35-18 Wednesday to approve an amended Senate Bill 337 and Sen. Don Harmon (D-Oak Park) re-introduced a revised version of a measure that has been twice vetoed by Gov. Bruce Rauner in previous forms.

This time, instead of the Illinois Department of Financial and Professional Regulation running the licensing program, Illinois State Police would certify firearm dealers. The new version also eliminates an exemption on big box stores and adds penalties for existing requirements to keep records of firearm sales.

“We took seriously concerns about the bureaucracy included in the Gun Dealer Licensing Act,” Harmon said. "By certifying gun dealers and implementing better practices to track straw purchasers, we hope to be able to make it harder for someone to use an illegal gun to commit a crime.”

A trio of senators from each side crossed the aisle. John Curran (R-Woodridge) and Chris Nybo (R-Elmhurst) sponsored the measure and were also joined by Tom Rooney (R-Rolling Meadows). Opposing the bill were Democrats Tom Cullerton (D-Villa Park), Williiam Haine (D-Alton) and Andy Manar (D-Bunker Hill). Two senators voted present: Linda Holmes (D-Aurora) and Jim Oberweis (R-Sugar Grove).

Nybo, who did not support the first version, said he worked with Harmon to lower fees and cut the "bureaucratic red tape" from the previous bill. He described the bill as an compromise that targets problem stores that enable straw purchasers and illegal trafficking.

"At its heart, this is a public safety measure-and an answer to the call from our constituents to ensure businesses are only selling firearms to individuals who are legally permitted to carry them," Nybo said.

“We have refocused the gun dealer safety legislation to address our most important priorities—requiring gun dealers to follow common-sense safety practices and cracking down on businesses that are enabling or engaging in gun trafficking, and we have done so without creating too much of a burden for local businesses."

The new gun dealer licensing act – the Combating Illegal Gun Trafficking Act / Firearm Dealer License Certification Act – includes requirements for licensed gun dealers to have a storage plan, and to certify the identify of anyone receiving a gun and allow state and local police to inspect their business.

Firearms retailers must also post a sign saying, "With few exceptions, it is unlawful for you to: (A) store or leave an unsecured firearm in a place where a child can obtain access to it; (B) sell or transfer your firearm to someone else without receiving approval for the transfer from teh Department of State police, or (C) fail to report the loss or theft of your firearm to local law enforcement within 72 hours."

Most lawmakers in downstate districts rejected the proposal, according to the Springfield Journal-Register. They argued that additional fees on small gun shops and creating felonies for paperwork violations would prevent gun violence.

Under the proposal, costs for a state license as a brick and mortar locations would be as much as $500 a year and $100 a year for dealers without a physical location – plus employee training and video surveillance.

“There is no demonstrable evidence that the people who are abiding by the law and legally selling firearms in this state are the issue here,” said Sen. Dale Righter (R-Matoon).

A Chicago Police Department gun trace report released in October 2017 said about 40 percent of firearms used in crimes had originally been sold in Illinois.

"With 4,000 illegal guns each year traced to gun dealers in Illinois, regulating them will help ensure that guns sold here don't end up in the wrong hands," said Kathleen Sances, president of the Gun Violence Prevention PAC. "This bill levels the playing field for all dealers, and most importantly, it will save hundreds of lives across Illinois."

The Senate also passed Senate Bill 2387, sponsored by Sen. Julie Morrison (D-Deerfield), requires an affidavit from anyone who takes possession of a gun from someone not eligible to have one promising that they understand their legal requirements.

Morrison said the bill was prompted by last month's mass shooting at a Tennessee Waffle House and aimed to tighten oversight of family members who take control of guns from people deemed unfit to hold them.

"This tragic situation suggests we need to be more specific about what our laws mean and how they should be enforced," Morrison said. "It is of paramount importance that firearms do not end up back in the hands of individuals who have been deemed unfit to possess them.”

Passed by a 42-10 vote, the law would also make it a felony for anyone to transfer a firearm without checking to see if the transferee has a valid FOID card. Current law requires checking but there is currently no penalty for not doing so.

“While we unfortunately cannot take back what happened, we can ensure our laws are modeled to prevent this from ever happening again,” Morrison said.

Four senators did not vote on either measure Wednesday, Jennifer Bertino-Tarrant (D-Shorewood), Dan McConchie (R-Hawthorn Woods), Karen McConnaghay (R-St. Charles) and Paul Schimpf (R-Waterloo). Senators Scott Bennett (D-Champaign) and Sam McCann (C-Plainview) did not vote on SB2387, and Oberweis again voted present.

Meanwhile, Rep. Jonathan Carroll (D-Northbrook) filed a motion to move forward with the governer's amendatory veto to House Bill 1468, a bill that had been limited to the waiting period to take possession of assault-style rifles to the 72 hours required for handguns and passed through both chambers with bipartisan support. Rauner's changes combined a reinstatement of the death penalty with several bills favored by gun control advocates.

"While I’m new to this Legislature, I’m shocked that the governor’s approach to an issue that has long divided Republicans and Democrats is to veto bipartisan legislation and substitute his own language at the last minute, without any consultation from the bill’s sponsors, supporters, or even from his own bipartisan gun safety task force," Caroll said he only learned through of the governer's "unvetted" changes through media reports. “I will not let the governor end debate by forcing a political stalemate, and that is why I filed the motion to accept the governor’s amendatory veto.”

Rauner's amendatory veto was referred to the House Rules Committee Wednesday. Should House Speaker Mike Madigan (D-Chicago) determine the plan is unconstitutionally broad, it is unlikely to ever be brought to a vote.

Thursday, Madigan released a statement announcing that hearings on Rauner's proposal would begin next week.

“The issues the governor raised in his amendatory veto of House Bill 1468 deserve a full hearing and consideration before the House. With this in mind, we have filed an amendment to Senate Bill 2580, containing the exact language the governor suggested," said spokesman Steve Brown. "The amendment will be sent directly to the House floor this morning and a subject matter hearing on the measure will be held on Monday afternoon. We look forward to hearing from stakeholders and continuing our effort to keep our children, our schools and our communities safe from senseless gun violence.”

Related:

• Death Penalty Should Apply To Cop Killers, Mass Shooters: Rauner
• Gov. Bruce Rauner Vetoes Gun Dealer Licensing Bill
• Dems' Plan To Override Illinois Gun-Dealer Veto Fizzles Out
• Bump Stock Ban, Gun Dealer Licensing, New Firearm Laws Pass House
• Waffle House Victim's Family Sues Father Of Alleged Gunman