Illinois Assault Weapons Ban

Today we're going to look at this disgrace of political process, and evaluate, line by line, this proposal sent forth by Governor Quinn. First, let it be known that this really has no chance in hell at being passed, as the bills Author and sponsor have to agree to the amendment before it can be put BACK UP to ANOTHER vote. No way in hell that will happen. This is a move by Quinn to stop passage of a bill without having to veto it so two years down the road, when he's running for re-election, he can say "Well, I never vetoed the ammunition bill! The author did, and he's a REPUBLICAN!" It's political bull shit. Vote this man out of office.


You can view the official bill here, but for ease of reference, I'll be copy/pasting the entire thing here and breaking it down to help everyone understand (if you already understand a lot of these terms, please don't be insulted and think i'm condescending to you, I'm just trying to be as informative as I can to those who may not otherwise understand the differences) The bill will all be casted in red font, my comments will not. I will provide links to pictures and cited references within the bill its self...my recommendation is reading them...Gun Control is a disease. Knowledge is the cure.

THE BILL

SB0681

Governor Amendatory Veto Message 

July 31, 2012 To the Honorable Members of the Illinois Senate97th General Assembly Pursuant to my constitutional powers as Governor of the State of Illinois, I hereby return Senate Bill 681 with specific recommendations for change. In doing so, I propose to ban assault weapons and high-capacity ammunition magazines in our state. As Governor, it is my foremost duty to protect the citizens of Illinois, especially our children, from deadly violence. 

I am a strong supporter of the Second Amendment of the United States Constitution– the right to bear arms.

Oh? Is that a fact? Then why does your state have more gun control laws than ANY OTHER STATE IN THE UNION. Why is it that 49 other states have Concealed Carry? (that's right, Quinn, YOUR STATE is the ONLY ONE LEFT)

However, the proliferation of military-style assault weapons and high-capacity ammunition magazines undermines public safety and the right of personal security of every citizen.

But he just said he is a "Strong" supporter of the 2nd Amendment...which is it? You cannot be for our 2nd Amendment RIGHT and be for GUN CONTROL at the same time. That's like saying you're for our 1st Amendment Right as long as nobody ridicules you as Governor. The Second Amendment does not, nor has it ever, made any "Buts" when referring to the "proliferation" of *any* firearm that can be beared.

Right now, anyone with a FOID card in Illinois is permitted by law to purchase an assault weapon. Illinois also does not impose any restrictions on the purchase or possession of high-capacity ammunition magazines, which automatically feed ammunition into a firearm chamber to allow the user to fire repeatedly without reloading.

Actually, this is false. Currently, in Illinois, there is no such thing, in legal terms, as an "assault weapon". Since we are writing law here, we cannot, by law, deal in pejoratives unless those words considered as such are given a legal definition...not to mention criminals don't need a FOID card to purchase a firearm.  They're criminals.


This is more flaky Illinois "law" that is as poorly written with as many loopholes as the FOID law. We, the people, have let ourselves down by allowing people like this to be voted into office.

Banning assault weapons and high-capacity ammunition magazines will make Illinois a safer place to live.

That's funny, not one of those Murders that are responsible for the crime spike in Chicago are done with these so called "Assault Rifles" ... so I challenge Quinn to offer one shred of evidence - ONE SINGLE SHRED OF EVIDENCE - to prove this statement to be anything other than his own uneducated opinion.

Other states including California, Connecticut, Massachusetts, New Jersey and New York all have such bans in place.

So wait, wait, wait...Quinn's idea of "Protecting children" is to mimic similar laws of other states like California & New York by banning "Assault Weapons"? But we don't mimic them when they decide to pass Concealed Carry? So really, this isn't about "Protecting Children" it's about cherry picking. It's about pointing to the only 5 States in the Union who ban certain kinds of "Assault Weapons" ...none of which to the extent Governor Quinn is proposing. Well, lets figure up a few things real fast.

• California Ranks #1 in the nation for homicide rates. Of their Homicides, 72.2% are committed with a firearm...yet...they have a similar weapons ban...
• New York Ranks #3 in the nation for homicide rates. Of their Homicides, 57.8% are committed with a firearm...yet...they have a similar weapons ban...
• Added to that, Illinois Ranks #5 in the nation for homicide rates, even though they don't allow Concealed Carry or Class III firearms, and is one of only two states in the Union that requires a FOID card for legal possession of ANY firearm.
• Of all homicides in Illinois, 75.2%...yes, you read that correctly, SEVENTY FIVE point TWO percent are committed with a firearm.

Illinois, hands down, has the strictest Gun Control in the country...yet it ranks #5 in overall Homicide, with a 75.2% rate of those homicides being committed with a firearm...so if "Gun Control" works...why isn't it working? The answer is simple: Disarming law abiding citizens does nothing to disarm criminals. Moving on...

The ban would not pertain to law enforcement officials or members of the military. There is no place in the State of Illinois for weapons designed to rapidly fire at human targets at close range.

Ummm...seriously, are you even proof reading this before submit it, Quinn? You just said "There is no place for weapons designed to rapidly fire at human targets at close range" but Law Enforcement and Military can own them (For personal use) ? There either is a place or isn't. Make up your mind, Quinn.

My action today gives the members of the General Assembly an immediate opportunity to protect the people of Illinois by banning assault weapons and high-capacity ammunition magazines.

That's funny, because according to the United States Department of Justice and the FBI, a reinstatement on an "assault weapons" ban:

"Effects on gun violence would likely be small, and perhaps too small for reliable measurement, because rifles in general, including rifles referred to as "assault rifles" or "assault weapons", are very rarely used in gun crimes" [Source]

So if they are very rarely used in crime, and Illinois bans all Class 3 firearms, does not allow Concealed Carry, and prohibits the lawful ownership of ANY firearm without a FOID card (Which cannot be obtained with a history of Mental Illness or a Criminal Record) ... then how does Quinn propose his "Assault Weapons" ban will protect the citizens of Illinois? We already have tons of gun laws, but rank #5 in Homicides and have a 75.2% rate of Homicides with a firearm...I mean, am I the crazy one here, or does this proposal seem like a solution seeking a problem?

Therefore, pursuant to Article IV, Section 9(e) of the Illinois Constitution of 1970, I hereby return Senate Bill 681, entitled “AN ACT concerning regulation.”, with the following specific recommendations for change:
By replacing everything after the enacting clause with the following:
“Section 5. The Criminal Code of 1961 is amended by adding Sections 24-1.9 and 24-1.10 as follows:
(720 ILCS 5/24-1.9 new)
Sec. 24-1.9. Manufacture, possession, delivery, sale and purchase of semi-automatic assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges.
(a) Definitions. In this Section:

Here comes the good part.  You might want to get a drink and a snack before continuing.  We're about to take a ride.

(1) “Semi-automatic assault weapon” means:
A. Any of the firearms or types, replicas, or duplicates in any caliber of the firearms, known as:
i. Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
ii. Action Arms Israeli Military Industries UZI and Galil;
iii. Beretta AR-70 (SC-70);
iv. Colt AR-15;
v. Fabrique Nationale FN/FAL, FN/LAR, and FNC;
vi. SWD M-10, M-11, M-11/9, and M-12;
vii. Steyr AUG;
viii. INTRATEC TEC-9, TEC-DC9, and TEC-22; and
ix. Any shotgun which contains its ammunition in a revolving cylinder, such as (but not limited to) the Street Sweeper and Striker 12;

Aaaaaand here it starts.  *ANY* firearm in *ANY caliber* is banned by this proposal.  And it is here we begin to learn that by these flaky definitions, Governor Quinn will be allowed, by ILLINOIS LAW, to remove every firearm in this state, regardless of what it is, INCLUDING Air Rifles (Pellet Guns, BB guns)  I am not shitting you, and I'm going to prove it.


The State of Illinois FOID law defines a firearm as:

"Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding however:

(1) any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;

(2) any device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and

(4) an antique firearm (other than a machine-gun) which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon. [Source]

So possession of THIS Air Rifle is a felony.

And THIS Air Rifle will land you in prison too

So will THIS one

And THIS one

Oh, and THIS Air Gun is also banned...I could literally do this all night, but I wont, you can look for more if you're interested, there are literally thousands to choose from. 

AND OWNERSHIP/POSSESSION OF ANY OF THESE AIR RIFLES WILL RESULT IN A CLASS 3 FELONY AS THE VERY FIRST OFFENSE

(Class 3 Felony is 2 to 5 years in PRISON with a fine up to $25,000) ... for an AIR RIFLE 

B. A semi-automatic rifle that has an ability to accept a detachable magazine and has any of the following:

i. A folding or telescoping stock;

ii. A pistol grip or thumbhole stock;

iii. A shroud that is attached to, or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned; or

iv. A fixed magazine that has the capacity to accept more than 10 rounds of ammunition;

C. A semi-automatic pistol that has an ability to accept a detachable magazine and has any of the following:

i. A folding, telescoping, or thumbhole stock;

ii. A shroud that is attached to or partially or completely encircles the barrel, and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

iii. An ammunition magazine that attaches to the pistol outside the pistol grip;

iv. A fixed magazine that has the capacity to accept more than 10 rounds of ammunition;

v. A manufactured weight of 50 ounces or more when the pistol is unloaded; or

vi. A semi-automatic version of an automatic firearm;

D. A semi-automatic shotgun that has any of the following:

i. A folding or telescoping stock;

ii. A pistol grip or thumbhole stock;

iii. A fixed magazine capacity in excess of 5 rounds; or

iv. An ability to accept a detachable magazine.

“Semi-automatic assault weapon” does not include:

A. Any firearm that:

i. Is manually operated by bolt, pump, lever, or slide action;

ii. Is an “unserviceable firearm” or has been made permanently inoperable; or

iii. Is an antique firearm;

B. Any air rifle as defined in Section 1 of the Air Rifle Act.

Here's where things require some critical thinking, because at first glance, it looks like "HEY!  They allow Air Rifles, Tactiler, you freaking LIAR!"  But!  Look again.  This "Air Rifle Act" Prohibits any "Air Gun" that "impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm"

Well, what the hell is "reasonably expected"?  They define it earlier as anything above 700 fps...but as you seen earlier, there are TONS of BB Guns & Pellet Guns that far exceed that.  700 fps is NOT very fast.

  [Section Truncated for relevance. Please Refer to Link above for full passages]  

(e) Sentence.

(1) A person who knowingly manufactures, delivers, sells, purchases, or possesses or causes to be manufactured, delivered, sold, purchased, or possessed a semi-automatic assault weapon in violation of this Section commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for the possession or delivery of 2 or more of these weapons at the same time.

  [Section Truncated for relevance. Please Refer to Link above for full passages] 

With these changes, Senate Bill 681 will have my approval. I respectfully request your concurrence.

Sincerely,

PAT QUINN

Governor