SPRINGFIELD — The Illinois House gave final approval Tuesday to a comprehensive measure to ban military style firearms that was drafted by Democrats, which now awaits Gov. J.B. Pritzker’s signature even as gun rights advocates contend it is unconstitutional and vow a legal challenge.
The 68-41 House vote came on the final scheduled day of action for the lame-duck 102nd General Assembly. The Senate endorsed the measure 34-20 on Monday, with no Republican support.
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Pritzker reiterated his support after the House vote.
“For a long time now, I and many other leaders in the Illinois General Assembly have prioritized getting the most dangerous weapons off our state’s streets. Today, honoring the commitment we made, we passed one of the strongest assault weapons bans in the nation, one I will be proud to sign,” the governor said.
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With Pritzker’s signature, Illinois would become the ninth state to ban military-style firearms. The effort to achieve the ban accelerated following a deadly mass shooting at the Fourth of July parade in Highland Park with the alleged shooter using an AR-15 style of weapon.
Upon becoming law, the measure would immediately ban the manufacture, delivery, sale, import and purchase of so-called “assault weapons.” Current owners of such firearms would have until Jan. 1 to register gun serial numbers with the State Police. After that date, people who possess an unregistered firearm covered by the ban face a misdemeanor for a first offense and a felony for subsequent offenses.
The measure also would immediately ban the delivery, sale or purchase of large capacity ammunition magazines of more than 10 rounds for long guns and 15 rounds for handguns. Ninety days after the measure becomes law, possession of large-capacity magazines would be allowed only on private property, at a firing range or a sport shooting competition or at a federal licensed gun dealer for repairs. Violations would be subject to a $1,000 fine.
In addition, devices that increase the firing rate of a semi-automatic firearm would immediately be banned and someone in possession would face a felony count for each device.
The legislation also speeds up to July from January the existing requirement for universal background checks by federal firearm dealers or the State Police for private gun sales.
Most Republicans contended the legislation would not prevent crime, runs counter to rulings by the U.S. Supreme Court involving Second Amendment rights and would face a court challenge upon becoming law.
State Rep. Blaine Wilhour of Beecher City, a member of the ultraconservative Republican House Freedom Caucus, accused Pritzker and majority Democrats of continuing to “allow our Constitution and our freedoms to be shredded.”
”A government unchecked, a government willing to defy our Constitution is a government that is completely out of control,” he said. ”You can sit here and dictate whatever you want today. Maybe the political winds are in your favor here today. But I can tell you that we will not comply and you’re not going to do a darn thing about it because the law, the Constitution and the founding principles are on our side.”
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Democratic House Speaker Emanuel “Chris” Welch of Hillside declared that the Democratic-controlled legislature and Pritzker “reached a deal on one of the strongest assault weapons bans in the country.”
”It’s time that we protect Illinois communities. It’s time that we protect Illinois families. Let’s end families having to change overnight. Let’s not lose anymore brothers and sisters, aunts and uncles, and children to gun violence,” Welch said.
Two Republicans — outgoing House GOP Leader Jim Durkin of Western Springs and state Rep. Bradley Stephens of Rosemont — joined Democrats in voting for the bill. Three House Democrats voted against the bill: state Reps. Anthony DeLuca of Chicago Heights, Michael Halpin of Rock Island and Lance Yednock of Ottawa.
The measure also would extend the duration of firearm restraining orders from six months to a year and allow local state’s attorneys to participate in filing for such an order. The provisions update the state’s “red flag” law that allow relatives and police to petition courts to keep guns out of the hands of a dangerous person.
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