In the final public hearing of the year, law enforcement representatives and lobbyists for the National Rifle Association (NRA) and Illinois State Rifle Association (ISRA) provided opposing testimony on HB 5855, a proposed assault weapons ban in Illinois, NBC 5’s Kate Chappell reports.
Editor's Note: After the Illinois Senate on Monday passed their version of an assault weapons ban bill which differs from the version below. That bill now heads back to the House for a final vote. Our original story continues below.
On Jan. 1, 2023, two new gun laws were part of more than 180 new laws that went into effect across the state of Illinois. But neither of them is as sweeping as a proposed 77-page an assault weapons ban, now headed to the State Senate following a late night vote from the House.
HB5193, labeled an "Act concerning education," and HB4729, labeled an "Act concerned state government," are both meant to strengthen awareness of gun safety storage in Illinois, language in each of the bills states.
According to HB5193, "safe gun storage" instruction must be added to the state's safety education curriculum -- which already includes topics like automobile safety, traffic regulations and the consequences of alcohol -- for "all grades."
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HB4729 says the state must create a two-year safe gun storage public awareness campaign that includes messaging around gun lock and gun buy-back programs, and more.
A new bill, titled the "Protect Illinois Communities Act," however, goes much further.
SB 2226, which was first drafted as HB5855 by Highland Park Rep. Bob Morgan would, among other things, ban the sale, delivery and purchase of assault weapons ban across the state.
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"We know that this topic is contentious," Emanuel "Chris" Welch, Speaker of the Illinois House said while introducing the bill during a lame duck session Thursday. "We also may not all agree on the solutions being presented. But what we do know is that gun violence is impacting communities in every single corner of this state."
Overnight, the lengthy bill passed the Illinois House on a 64 to 43 vote, with Republican state Rep. Jim Durkin voting in favor of the legislation.
"They have no sporting use," Rep. Durkin said, during the vote. "They have no target use. Their only purpose is killing people. And I don't see a justification for that."
With Democratic super majorities in the Illinois House and Senate, the bill now heads to the Senate, where it's expected to pass. Legislators in the Senate are expected to debate the measure Friday -- and over the weekend -- with the hope that a vote will take place before the 103rd General Assembly is sworn in next week.
"Senators are giving these proposals an extensive review and careful evaluation," a spokesperson for Illinois Senate President Don Harmon said Friday. "Following today’s session, the Senate will be returning to session on Sunday.”
In a statement, Illinois Gov. Pritzker said he will sign the bill if it reaches his desk.
"I look forward to working our colleagues in the Illinois Senate to get bills addressing these issues to my desk so I can sign them as soon as possible," the statement read in part.
"I look forward to working with our colleagues in the Illinois Senate to get bills addressing these issues to my desk so I can sign them as soon as possible," the statement read in part.
If the bill does pass, the Illinois State Rifle Association is vowing to sue the state, claiming the measure is unconstitutional and violates their Second Amendment rights.
“The anti-gun people have seized upon this opportunity,” said ISRA Executive Director Richard Pearson. “In the long run they would like to get rid of the Second Amendment all together.”
Currently, seven states have laws on the books that ban assault weapons in at least some capacity, including California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey and New York.
What's Included in the Bill?
Prior to the vote, a report from the Chicago Sun-Times says some last-minute changes were made to the bill, including known in its first draft as HB5855 -- including allowing the legal age of gun ownership to remain at 18, and adjusting the high-capacity magazine ban to kick in at 12 rounds instead of 10.
Here's a break down of some of what's included in the bill.
Bans Assault Weapons and Extended Magazines
The legislation would make it illegal to deliver, sell or purchase any assault weapon in the state of Illinois. It would also make it illegal to possess such a weapon 300 days after the final passage of the bill.
A full list of weapons classified as “assault weapons” can be found within the text of the bill.
The bill also makes it illegal to own, purchase or possess .50 caliber rifles and cartridges, but there is language in the bill that allows owners who currently have such weapons to keep them.
Individuals who already own weapons that fall under the “assault weapons” are required to note the serial number associated with their pre-owned weapons, with the owner's Firearm Owner's Identification Card (FOID) card. This process must take place with the Illinois State Police within 300 days after final passage of the bill.
Residents also many not purchase or possess magazines that can hold more than 12 rounds, and the bill also bans the sale or purchase of “switches,” which can increase a weapon’s rate of fire.
Those switches are technically already banned under federal law.
According to Speaker Welch, the legislation would not remove guns from people who already own them.
"If this bill were to become law, I want to be clear about something. Because we're going to probably hear a lot about that in debate later. If this bill were to become law, there will be no removal of these weapons from people who already own them. It's important to highlight that we are not taking any guns away from lawful gun owners."
