People who own certain
guns and other items now prohibited under the state’s assault weapons ban still
need to register them with the Illinois State Police. But ISP says it
plans to hold additional public hearings about that process and may refine the
rules before they become permanent next year.
“We are happy to address all questions and comments submitted to
ISP and will be doing so in the weeks to come,” ISP said in a statement last
week.
Illinois lawmakers passed an assault weapons ban during a
special lame duck session in January. It came in response to a mass shooting at
an Independence Day parade last summer in Highland Park.
The law prohibits the purchase, sale, possession or manufacture
of a long list of firearms defined as “assault weapons” as well as
large-capacity magazines and certain kinds of ammunition. But the law also says
that people who already owned those items before it took effect are allowed to
keep them, as long as they register them with the state police before Jan. 1,
2024.
Last month, ISP published temporary rules spelling out how people
were to register those items and it began taking online registrations starting
Oct. 1.
As of Oct. 18, according to ISP, 1,050 individuals had completed disclosures through that
system. Those included disclosures of 2,060 firearms, 1,125 accessories and 17
ammunition supplies.
But many more people have filed questions and comments, saying
the rules are vague and hard to understand and that it’s not clear which items
are covered by the rules, and which are not.
Another source of confusion is the fact that the entire law is
under challenge in federal court. Although one judge in the Southern District
of Illinois ruled the law is unconstitutional, two other judges in the Northern
District ruled that it is not. All those cases are now pending before the
Seventh Circuit Court of Appeals, which has not yet issued a ruling.
Those temporary rules came up for review Oct. 17 at the General
Assembly’s Joint Committee on Administrative Rules, or JCAR, a bipartisan panel
that exercises oversight of the administrative rulemaking process.
“As a committee, we’ve received many, many questions on this
topic as members of JCAR, and we could really literally be here all day and
night going through each one of these questions, seeking answers from the
Illinois State Police,” JCAR co-chair Rep. Ryan Spain, R-Peoria, said during the
meeting.
Republicans on the panel made a motion to file a formal
objection to the temporary rules, a move that would not have prevented them
from remaining in effect but would have required ISP to file a formal response.
But that motion failed on a tied 5-5 vote.
But members of JCAR did unanimously agree to another motion
calling on ISP to provide answers to all the questions that the committee has
received from the public and to hold additional public hearings on the proposed
rules – suggestions that ISP accepted.
In a statement, ISP said it has already scheduled one additional
hearing, set for 9:30 a.m. Thursday, Nov. 2, in the Stratton state office
building in Springfield.
“ISP is committed to transparency with the Joint Committee on
Administrative Rules and the public,” the agency said. “We appreciate JCAR
working with us to allow the emergency rule to remain in effect as ISP works to
address the concerns raised within our statutory authority.”
Contact Peter Hancock at phancock@capitolnewsillinois.com
This article appears in Best Of Springfield 2023.
