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News :: Miscellaneous
Gun Control Bills Pass Illinois House Current rating: 0
08 Apr 2001
Two bills supported by gun control groups passed out of the Illinois House of Representatives, and a third bill favored by anti-gun control groups was rejected. Champaign County Million Moms March leaders respond.
Gun control advocates celebrated passage of two bills in the Illinois House of Representatives on Wednesday, April 4. If approved in the senate and signed by the governor, HB1945 would close the "gun show loophole," and HB1941 would require that anyone who sells or transfers guns be licensed.

"I feel it's a victory for common sense, quite frankly. Both of them are good pieces of legislation that are needed, and it's a step toward common-sense gun laws that are needed to protect the citizens of Illinois," said Kathe Brinkmann of the Champaign County Million Moms March.

Both state representatives from the Champaign-Urbana area, Rick Winkel and Tom Berns, voted against the two bills. The News-Gazette did not report on the bills' passage.

The gun show loophole allows un-licensed dealers to sell guns alongside federally-licensed dealers at gun shows, which operate like open flea markets. HB1945 would require that anyone who sells guns at gun shows be federally licensed. Federally licensed dealers must do background checks on buyers before selling guns. Un-licensed dealers only need to see if a person has a Firearm Owner's Identification Card (FOID), which may not reflect recent criminal activity.

Regarding the inadequacy of existing laws, Brinkmann offers the example of a worker in northern Illinois who walked into his workplace and shot several people earlier this year. Although he was a felon, his FOID card wasn't taken away from him, so he could have purchased guns at gun shows.

The second bill, HB1941, requires that anyone who sells or transfers guns be licensed. Under Illinois law, many businesses are regulated, including barbers and pet shop owners. HB1941 would so the same for gun dealers. Supporters expect that the bill will help stop "kitchen table gun dealers" and "straw purchasers," who are legal purchasers who re-sell guns illegally. HB1941 would add penalties for illegal gun sales and establish a state-wide database of gun dealers and gun sales. The database would allow law enforcement officials to track down potential straw purchasers by allowing them to find people who purchase unusually large numbers of guns.

Finally, the News-Gazette reported that on April 4 the house rejected HB403 which would prevent local governments from passing gun control ordinances. The bill to centralize governmental power and take it away from accessible local governments was supported by 67 representatives, but opposed by 39. The bill failed because it needed 71 votes to pass. Both Republican representatives Rick Winkel and Tom Berns voted yes, to expand the power of the state government.

Brinkmann thinks that gun control legislation is succeeding for several reasons, including lobbying efforts by the new grassroots group, the Million Moms March; because Chicago's Mayor Daley came out with a package of gun laws needed to improve safety, particularly in urban areas; and because of the workplace murders earlier this year.

The Million Moms March supports three bills that made it out of committee, including the two mentioned, plus HB1943. They oppose four others, including the previously mentioned HB403, as well as HB401, HB414, and HB482. Information about all of these bills is available at www.legis.state.il.us.

The Million Moms March keeps citizen lobbying updates on its website, www.prairienet.org/ccmmm/
See also:
http://www.prairienet.org/ccmmm/
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Correction
Current rating: 0
09 Apr 2001
HB1941 did NOT pass the house. The vote was tied at 57, therefore it lost. They may vote on the bill again before Friday. Supporters of the legislation are asking people to contact the following legislators and request that they change their votes to YES on HB1941:

Rep. Sidney Mathias (R-Buffalo Grove) who switched his vote from "Yes" two years ago to "No" this year. His phone number in Springfield is 217-782-1664.

Rep. Terry Parke (R-Hoffman Estates), who switched his vote from "Present" two years ago to "No" this year. His phone number in Springfield is 217-782-0347.

Also, HB1942, a FOID card reform bill, passed out of the House 2 weeks ago, and will now be considered by the Senate.
response to Million Moms article
Current rating: 0
13 Apr 2001

"Regarding the inadequacy of existing laws, Brinkmann offers the example
of a worker in northern Illinois who walked into his workplace and shot
several people earlier this year. Although he was a felon, his FOID card
wasn't taken away from him, so he could have purchased guns at gun shows."




In 1993, the gunman at the Navistar plant in northern Illinois,
William D. Baker, bought a shotgun and a rifle from a licensed
dealer. In spite of felony convictions in 1998 and 2000 that made it
a felony for him to own the guns, he avoided prosecution for their
ownership and used them in his 2001 attack. How was he able to keep
his guns? The 5th Amendment prohibited inquiries at the time of his
felony conviction that would have revealed his gun ownership. The
4th Amendment forbid a search for guns in his possession except by a
warrant, and the 4th says that warrants must describe "in particular"
the place to be searched and the things to be seized. Guns are not
difficult to hide, so even if his guns were registered, the police
could not have lawfully teased, taunted, or tortured him until he told where
they were. Darned Bill of Rights!



Here's a joke: An elderly Irish farmer writes his son, who has been
jailed by the British, asking who will dig up the garden so he can
plant his potatoes, if not his strapping son? He gets a letter back
from his son saying, "Don't dig up that garden, that's where I buried
the guns!" The next morning, twelve British soldiers come and dig
up the old man's garden, but they don't find any guns. The farmer
writes his son again, telling him that the British dug up the garden,
but there was not a single gun. "Go plant your damn potatoes!" is
his son's response.



HB403, as amended, would prevent local governments from passing gun
control ordinances in a manner inconsistent with state law. It is
opposed by gun owners for fear that non-uniform gun controls across
the state would make inter-county transportation of their firearms
a risky proposition. Barring painstaking diligence in planning
journeys between counties and a thorough understanding of many
localities' gun laws, some gun owners fear that by taking weapons
across county lines for practice, hunting, or personal protection,
they will be courting police harassment, arrest, and prosecution for
simple ignorance of diverse gun laws, or an honest misunderstanding.
Safe Schools' article does not mention that HB403 is only concerned
with local controls on rifles and shotguns.



I hope that gives a better idea why someone would support such a
law as HB403 except to infringe on "localities' rights" =) or be
a contrarian.



Except for a perennial hunter's safety course offered by the Champaign
Police, there does not appear to be any place in Champaign-Urbana
where one can learn to handle a firearm safely. With a FOID, however,
you can buy a gun at several Champaign County gun outlets! When there
is such a glaring need for a public firearms training venue in the
county, anyway; when untrained firearms owners might just flock to
it on their own initiative, without a compulsory licensing scheme;
and when one will need to visit such a venue to earn a license,
anyway, why aren't the Moms' local chapters trying to bring training
to their areas? This seems imminently feasible, since police departments
already have training grounds at which their own officers could train
community members, and a municipal act could authorize use for training. It
seems like training should be plank
number one of the Moms' platform, before licensing and registration. It
certainly is a peculiar program for social change that tries to bring the
force of law to bear and meanwhile eschews non-coercive means of
achieving any of that program's ends.

Perhaps We're Going After The Wrong People
Current rating: 0
17 Apr 2001
Arrest rate of Washington DC police officers: 19 per 1000
Arrest rate of New York City police officers: 3 per 1000
Arrest rate of Florida concealed handgun permit holders: 1 per 1000