Sangamon Sun

The Illinois State Police (ISP) is set to conduct three public hearings in early November to discuss the permanent rules for the implementation of the Protect Illinois Communities Act. This act, signed into law in January 2023 by Governor Pritzker, regulates the possession, sale, and transfer of certain firearms and attachments in Illinois.

Under the Protect Illinois Communities Act, a category of firearms known as "assault weapons" and "assault weapon attachments" has been created. These firearms were chosen by the Democrats as being unsafe and are now subject to certain regulations. Citizens who possessed these firearms before the law took effect are required to submit an endorsement affidavit through their Firearm Owner's Identification Card account.

The public hearings will take place on November 2 in Springfield, November 3 in Chicago, and November 6 in Caseyville. Each speaker will have approximately three minutes to provide comments, with organizations limited to one representative who may have around nine minutes to speak. However, concerns have been raised about the limited capacity of the committee room in the Stratton Building, which can seat less than 100 people. Gun rights advocates argue that this is insufficient to accommodate the expected crowds.

According to the Illinois Administrative Procedure Act, the State Police must allow interested individuals to present their views and comments on the proposed rulemaking. Comments can be submitted during the public hearings or separately by written communication. The State Police are required to consider all submissions received.

In September, ISP published emergency rules outlining the registration process for banned firearms and attachments. The online registration began on October 1, but as of now, less than one-tenth of one percent of the state's FOID card holders have registered their semi-automatic firearms that are now prohibited by state law.

Some concerns have been raised about the clarity of the rules. It is not clear which types of firearms and ammunition are covered by the rules and which ones are not. While a list of banned items is available, critics argue that it is vague and incomplete. This discrepancy between the list and the law has led to confusion among gun owners who may unintentionally fail to register a legal firearm that is not explicitly listed.

The emergency rules proposed by ISP were reviewed by the General Assembly's Joint Committee on Administrative Rules (JCAR) on October 17. Despite objections, the committee voted against the proposed rules. However, they unanimously agreed that ISP should address the public's questions and hold public hearings on the proposed rules.

Representative Coffey expressed concerns about the law, stating, "We all condemn violence, but this law is more of an attack on law-abiding citizens. We need to address public safety with our current resources rather than creating laws that infringe on our Second Amendment."

The ban on certain firearms was challenged in both state and federal court. The Illinois Supreme Court ruled the ban constitutional, while the federal court case is ongoing and is now pending before the Seventh Circuit Court of Appeals.

To find out more, go to this link: https://repcoffey.com/2023/11/03/isp-hosting-firearms-ban-and-endorsement-affidavit-rules-hearings/