An Assault Weapons Ban for the state of Illinois is still on the table after an expected vote on the bill Sunday during a Senate session didn't take place. And though the Senate is scheduled to reconvene Monday, the clock is ticking to take action on the bill before the 103rd General Assembly is sworn in Wednesday.
Late last week, the Illinois House voted 64-to-43 in favor of the "Protect Illinois Communities Act," a 77-page bill that serves as a legislative response to the tragic shooting at the Fourth of July parade in Highland Park last year that left seven people dead and more than 40 others injured.
The measure, authored by Highland Park represented Bob Morgan and passed by the House around midnight Friday, would make it illegal to sell or purchase any assault weapon in the state. It would also make it illegal to possess such a weapon 300 days after the final passage of the bill.
Illinois Gov. J.B. Pritzker in a Tweet last week praised the House for passing the bill and urged the Illinois Senate to send the bill to his desk so he could sign the legislation into law.
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With a Democratic super majority in the both the state House and Senate, the bill was expected to pass both groups and head to Pritzker's office.
However, the legislation passed by House and the one currently being considered by the Senate aren't quite the same. And Sunday, the Senate took up neither the House's bill, nor their own proposal, which House Speaker Emanuel "Chris" Welch referred to as "watered-down."
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Pritzker also criticized the Senate's current version of the bill, saying it fails to address the "urgency of now."
If an assault weapons ban bill does pass, the Illinois State Rifle Association has vowed to sue the state, claiming the measure is unconstitutional and violates Second Amendment rights.
"We believe that this is unconstitutional," stated Richard Pearson, Illinois State Rifle Association executive director. "And so if it goes further, and you get to the senate and the governor signs, we will, of course, be back and take it to court."
State lawmakers will be back at 9 a.m. Monday, with the Senate Executive Committee planning hearings on firearms and reproductive rights. All state senators will return to session at 1:30 p.m. after the inauguration of Gov. J.B. Pritzker and other statewide officeholders.
Supporters of the bill are hoping that lawmakers pass the legislation before Wednesday, when Illinois' 103rd General Assembly is set to get sworn in.
"We have until the 11th of January to get this through in the lame duck session," said Ashbey Beasley, who was at the Highland Park parade when the shots rang out. "And we are just staying really optimistic. We're looking forward to seeing this go to the senate."
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 The Illinois House Version of the Assault Weapons Ban Says
The legislation passed by the House 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 here.
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 with their pre-owned weapons with the gun 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.
The bill also states that residents may not purchase or possess magazines that can hold more than 12 rounds. It also bans the sale or purchase of “switches,” which can increase a weapon’s rate of fire. However, those switches are technically already banned under federal law.
Restraining orders for those judged a danger to themselves or others would also be eligible to be expanded to a year from six months previously, the legislation says.
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."
The first draft of the bill, known originally as HB5855, included increasing the legal age of gun ownership from 18 to 21, and adjusting the high-capacity magazine ban to kick in at 10 rounds. The final draft approved by the House however, keeps the legal age at 18 years old and adjusts the high-capacity magazine ban to kick in at 12 rounds.
