Illinois House sends gun ban bill to Gov. Pritzker

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SPRINGFIELD — Gov. J.B. Pritzker said he will sign into law Tuesday evening a comprehensive measure that would immediately ban the sale of military-style firearms, despite warnings from gun rights advocates who contend it is unconstitutional and vow a legal challenge.

“For a long time now, I and many other leaders in the Illinois General Assembly have prioritized getting the most dangerous weapons off our state’s streets. Today, honoring the commitment we made, we passed one of the strongest assault weapons bans in the nation, one I will be proud to sign,” the governor said after Democrats in the Illinois House led its final approval earlier Tuesday.

The 68-41 House vote came on the final scheduled day of action for the lame-duck 102nd General Assembly, a day after Senate Democrats passed the measure 34-20 with no Republican support.

House Democrats on Tuesday also were poised to give final passage of a bill approved earlier in the day by the Senate that would protect health care professionals and people seeking an abortion or gender-affirming care in Illinois from restrictive laws in other states.

The new 103rd General Assembly — all 118 House and 59 Senate members, with Democratic supermajorities in each chamber — is set to begin a new session after its members are inaugurated on Wednesday

With Pritzker’s signature, Illinois would become the ninth state to ban military-style firearms. The effort to achieve the ban accelerated following a deadly mass shooting at the Fourth of July parade in Highland Park in which the alleged shooter used an AR-15-style weapon.

Upon becoming law, the measure would immediately ban the delivery, sale, import and purchase of so-called assault weapons. Current owners of such firearms would have until Jan. 1 to register gun serial numbers with the Illinois State Police. After that date, people who possess an unregistered firearm covered by the ban face a misdemeanor for a first offense and a felony for subsequent offenses.

The measure also would immediately ban the delivery, sale or purchase of large-capacity ammunition magazines of more than 10 rounds for long guns and more than 15 rounds for handguns.

Ninety days after the measure becomes law, possession of large-capacity magazines by current owners would be allowed only on private property, at a firing range or a sport shooting competition or at a federal licensed gun dealer for repairs. Violations would be subject to a $1,000 fine.

In addition, devices that increase the firing rate of a semi-automatic firearm would immediately be banned and someone in possession would face a felony count for each device.

The legislation also speeds up to July from January the existing requirement for universal background checks by federal firearm dealers or the state police for private gun sales.

It also would modify the state’s current “red flag” law that allows relatives and police to seek a court-approved firearm restraining order to keep guns out of the hands of dangerous people. The new law would extend the duration of the orders from six months to a year and allow local state’s attorneys to participate in filing such orders.

State Rep. Tony McCombie, an opponent of the military-style firearms ban bill, speaks to co-sponsor Rep. Bob Morgan before the legislation passed on Jan. 10, 2023, at the Illinois Capitol in Springfield.

Most Republicans contended the legislation would do nothing to prevent crime, would run counter to rulings by the U.S. Supreme Court involving Second Amendment rights and would face a court challenge upon becoming law.

State Rep. Blaine Wilhour of Beecher City, a member of the ultraconservative Republican House Freedom Caucus, accused Pritzker and majority Democrats of continuing to “allow our Constitution and our freedoms to be shredded.”

“A government unchecked, a government willing to defy our Constitution is a government that is completely out of control,” he said. “You can sit here and dictate whatever you want today. Maybe the political winds are in your favor here today. But I can tell you that we will not comply and you’re not going to do a darn thing about it because the law, the Constitution and the founding principles are on our side.”

Democratic House Speaker Emanuel “Chris” Welch of Hillside declared that the Democratic-controlled legislature and Pritzker “reached a deal on one of the strongest assault weapons bans in the country.”

“It’s time that we protect Illinois communities. It’s time that we protect Illinois families. Let’s end families having to change overnight. Let’s not lose any more brothers and sisters, aunts and uncles, and children to gun violence,” Welch said.

Two House Republicans — outgoing House GOP Leader Jim Durkin of Western Springs and state Rep. Bradley Stephens of Rosemont — joined Democrats in voting for the bill. Three House Democrats voted against it: state Reps. Anthony DeLuca of Chicago Heights, Michael Halpin of Rock Island and Lance Yednock of Ottawa.

House Speaker Emanuel “Chris” Welch speaks to Reps. Theresa Mah, center, and Denyse Wang Stoneback after the passage of the gun bill on Jan. 10, 2023, in Springfield.

Democrats in the Senate on a 41-16 vote also sent the House a measure backed by Pritzker that would extend abortion and transgender protections to patients as well as health care workers in Illinois who come from other states.

The measure was prompted by the U.S. Supreme Court’s decision in June that overturned a federal right of women to seek an abortion and turned the issue over to the individual states.

Illinois has enshrined a right to an abortion in state law, making it one of the most liberal states on the issue in the country. Pritzker also has called for the next General Assembly to submit to voters in 2024 a proposal to put the right to abortion in the state constitution.

“Right now there are states across the country that are trying to criminalize parents for seeking medical care for their children, seeking to criminalize pregnant people from being able to make decisions about their bodies, states that are criminalizing people who are looking for help,” said state Sen. Celina Villanueva, D-Chicago.

“This bill provides protections to patients, families and providers and it also ensures meaningful access to health care,” she said. “I do believe this bill will save lives.”

Outgoing state Sen. Darren Bailey of Xenia, whose evangelical Christian-based opposition to abortion was one factor in his unsuccessful challenge to Pritzker in the Nov. 8 election for governor, called the measure “pure evil” before reading a Bible verse.

“This is wrong,” he concluded. “God help us.”

The Senate’s legislation is closely aligned to a House proposal that passed last week. Among its aims is expanding the pool of health care providers who can perform certain abortion procedures in an effort to ease access amid increased demand for services from Illinois abortion clinics.

The measure also would authorize the state Department of Public Health to partner with nonprofit groups to administer grants for abortion training programs, with underserved areas and transportation hubs given a priority.

Additionally, the measure authorizes protections for the transgender community and their access to gender-affirming care.

Also Tuesday, House Democrats sent the Senate on an 86-23 vote a measure to create a $500 million “closing fund” for use at Pritzker’s discretion in an effort to seal deals to attract businesses to the state.

The measure includes a provision that would prohibit the governor from using any of the money to help the Chicago Bears develop a new football stadium and entertainment complex if they complete a purchase agreement for the former Arlington International Racecourse property.

The Bears have said they would not need public subsidies for construction of a new stadium, but assistance for developing the remainder of the 326-acre property. Pritzker has shown no interest in providing direct public financing to help the Bears.

“If the Bears are choosing to move to Arlington Heights they can’t go to the state and say give us some money out of the closing fund to do it,” said state Rep. Mike Zalewski, a Riverside Democrat who sponsored the measure. “I think they are going to continue to pursue sort of different avenues of relief. I don’t know what that will look like in the next General Assembly.”

The measure also would provide additional incentives aimed at attracting electric vehicle and vehicle component suppliers to locate in Illinois.

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jgorner@chicagotribune.com

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