URGENT: Witness Slips needed for House Committee hearing on SB-1657

Red Alert, Folks!

We need to galvanize into action to defeat HB-1657. 

ISRA put out a nice Action Alert, so I'm going to cut and paste.

While you're at it, submit slips in opposition to this one:  SB233 Safety Tech – OPPONENT*

Here's an OUTSTANDING analysis piece on SB-1657 by 357 over at Illinois Carry.

Went over the whole "act" and antis plans are clear to see. It looks like the board members are picked by the Illinois Secretary of State Jesse White etc? Someone please correct me if I'm wrong. Even though is being pushed under the guise of reducing violence and straw purchasers, it has nothing to do with gang violence which they call gun violence but everything to do with making as many gun dealers as possible go out of business.

The problem is that criminals are not being punished and not afraid of the consequences and get a slap on the wrist. Also straw purchasers are not being prosecuted, like the girl from Mount Prospect in April who got probation. All the regulations proposed in this act which is an act are already in the books and used every day by gun dealers to enforce the laws.

This proposed law does nothing to stop violence and what is supposedly trying to achieve and is designed against law abiding people and dealers. It should be called Bloomberg's act to make home based and mom and pop and eventually all FFL dealers go out of business. He has complained publicly that there is more FFL than Walmarts.

"Section 15.
Exemptions.
The provisions of this Act related
to the licensure of dealers and dealerships do not apply to a
person or other entity that engages in the following
activities:
(1) transfers of less than 10 firearms within each calendar year;
(2) temporary transfers of firearms solely for use at the
location or on the premises where the transfer takes place,
such as transfers at a shooting range for use at that location;
(3) temporary transfers of firearms solely for use while in
the presence of the transferor, such as transfers for the
purposes of firearm safety training by a training instructor;
(4) transfers of firearms among immediate family or household members, as "immediate family or household member" is defined in Section 3-2.7-10 of the Unified Code of Corrections;
(5) transfers by persons or entities acting under operation of law or a court order;
(6) transfers by persons or entities liquidating all or part of a collection. For purposes of this paragraph
(7),"collection" means 2 or more firearms which are of special
interest to collectors by reason of some quality other than is
associated with firearms intended for sporting use or as offensive or defensive weapons;"

Didn't the Supreme Court confirm that having a gun is a Constitutional right. How can
the antis be allowed to set limits and regulate and make it hard and expensive to exercise a constitutional right and try to get gun dealers go out of business. This law gives them their wish list of things they have been trying to get for years like one gun a month and with this law only 10 a year. This is only a step for them and later they will say 3 a year and so on until they make them illegal.

They pass a few laws with this "act" which also sets a lot of bad precedents like letting your friend shoot your gun at the range now constitutes a transfer and giving it to a family member also is a transfer. They also get to define what constitutes a collectible gun and a collection etc.

"Section 10.
(e) A person who violates any provision of this Section is
guilty of a Class A misdemeanor for a first violation, and a
Class 4 felony for a second or subsequent violation."

While a straw purchaser gets probation.

http://www.dailyhera…news/170419171/

"(f) In addition to any other penalty provided by law, any person or entity who violates any provision of this Section shall pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department."

It's clear by the steep fines that they want them to go out of business.

"Section 20.
(5) Conduct hearings on proceedings to refuse to issue
or renew licenses or to revoke, suspend, place on probation, reprimand, or take any other disciplinary or non-disciplinary action against licenses issued under this Act."

They can refuse to issue or renew licenses concerning a constitutional right and can conduct hearings on themselves.

"(11) Authorize examinations to ascertain the qualifications and fitness of applicants for licensing as a dealer and pass upon the qualifications of applicants for
licensure."

Have to go to school to exercise a constitutional right. Qualifications and fitness of applicants?

"Section 25. The Gun Dealer Licensing Board.
(a) The Gun Dealer Licensing Board shall consist of 5 members to be appointed by the Secretary."

The board members to be appointed by the Secretary of state Jesse White and not the governor?

"(f) A majority of Board members constitutes a quorum. A
majority vote of the members is required for a decision."

Real easy to manipulate.

"(The expiration date, renewal period, and conditions for renewal and restoration of each license shall be set by rule."

License can be denied by rule and there's no limits to the conditions imposed. What's to stop them from charging $10,000 for a license.

"If an applicant fails to pass the examination within 3 years after filing an application, the application shall be denied. An applicant may make a new application after the 3-year period."

Denied for failing an exam.

"Section 40. Continuing education. The Department may adopt rules of continuing education for persons licensed under this Act."

Again more hoops to jump or get shut down and need to go to school to operate a business.

"Section 50. Qualifications for licensure as a dealer.
(4) has a minimum of one year of experience, with a minimum of 100 hours per year, during the 5 years immediately preceding the application: (i) as a dealership agent under this Act; or (ii) as a federal firearms dealer licensed under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923) or an employee of the business who had access to firearms; (5) has paid the fees required by this Act; and (6) has passed an examination authorized by the Department."

No new licensees since one year experience needed. No employees either since 100 hours a year for the previous 5 years experience needed.

"(The Department may request a personal interview of an
applicant before the Board to further evaluate his or her
qualifications for a license."

Need to be interviewed too to get a license so people can exercise their constitutional rights.

"Section 55. Qualifications for licensure as a dealership.
(7) From the sheriff of the county in which the business address is located written confirmation stating that, to the best of the sheriff's knowledge, the applicant
is in compliance with applicable federal, State, and local
laws. A sheriff that refuses to provide this confirmation
within 30 days after the date of the application shall
instead submit an objection in writing to the Department
and the license applicant based upon a reasonable suspicion
that the applicant is not in compliance with applicable
federal, State, and local laws. If no written confirmation
or objection is made under this paragraph within 30
days after the date of the application, the Department
shall proceed as if the sheriff had provided confirmation."

The sheriff can object too based on a "reasonable suspicion" whatever that means and his confirmation is needed to get a license. Same as with concealed carry license objections, good luck to the dealers in Cook county.

"A municipality or county may impose additional
requirements for the operation of gun dealers and
dealerships beyond the requirements of this Act and
consistent with the United States Constitution and the
Constitution of the State of Illinois, including local
license requirements."

A municipality or county may impose additional requirements and licenses and can make dealers go out of business.

"It shall be the duty of local
authorities to investigate and enforce any failure of a
dealer or dealership to meet these requirements and to
notify the Department of these investigations and enforcement actions."

Local authorities can harass dealers too.

"This paragraph supersedes Section 13.1 of the Firearm Owners Identification Card Act and Section 90 of the Firearm Concealed Carry Act as applied to
the local regulation of dealers and dealerships."

Looks like the antis are changing the concealed carry law too?

"No dealer may be the licensee-in-charge for more than
one dealership."

Their desire to have no dealers is clear.

"Section 70. Requirements; prohibitions.
(h) A licensee shall post in a conspicuous position on the
premises where the licensee conducts business a sign that
contains the following warning in block letters not less than
one inch in height: "With few exceptions, it is unlawful for you to store or leave an unsecured firearm in a place where a child can obtain access to it, sell or transfer your firearm to someone else without receiving approval for the transfer from the Department of State Police, or fail to report the loss or theft of your firearm to local law enforcement within 72 hours."

With few exceptions? The antis are passing 3 additional laws with this one, child access, failure to report and registration?

"A licensee shall post any additional warnings or provide any other information regarding firearms laws and the safe storage of firearms to consumers as required by the Department by rule."

More regulations by rule to come.

"(i) Before issuance, renewal, or restoration of a dealership license, the Department shall inspect the premises of the proposed business to ensure compliance with this Act."

"Licensees shall have their places of business open for inspection by the Department and law enforcement during all hours of operation, provided that the Department may conduct no more than one unannounced inspection per dealer or dealership per year without good cause."

More read tape and obstructions.

"The premises where the licensee conducts business shall
not be located in any district or area that is within 500 feet
of any school, pre-school, or day-care facility."

Designed to keep from opening as many new FFL as they can.

"This subsection does not apply to a licensee whose business existed in that location on the effective date of this Act, and does not limit the authority of a local government to impose
and enforce additional limits on the location of a business
regulated under this Act."

Local governments can impose additional limits to makes it impossible to stay in business.

"Section 85.
Disciplinary sanctions.
(a)The Department may deny issuance, refuse to renew, or
restore or may reprimand, place on probation, suspend, revoke,
or take other disciplinary or non-disciplinary action against
any license, may impose a fine not to exceed $10,000 for each violation, and may assess costs as provided for under Section 150, for any of the following, consistent with the Protection
23 of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903 or amendments thereto:
Material misstatement in furnishing information to the Department or to any other State or federal agency."

Do as they please.

"Violations of this Act, any of the rules adopted under this Act, or any law applicable to the sale or transfer of firearms. Making any misrepresentation for the purpose of obtaining licenses or cards.
A pattern of practice or other behavior which demonstrates incapacity or incompetency to practice under this Act. Aiding or assisting another person in violating any provision of this Act or rules adopted under this Act.
Failing, within 60 days, to provide information in response to a written request made by the Department. Conviction of or plea of guilty or plea of nolo contendere to any crime that disqualifies the person from obtaining a valid Firearm Owner's Identification Card. Continued practice, although the person has become unfit to practice due to any of the following: Physical illness, mental illness, or other
impairment, including, but not limited to, deterioration through the aging process or loss of
motor skills that results in the inability to serve the public with reasonable judgment, skill, or safety."

Anything under the sun to make it impossible to get a license and to conduct business.

"(Any circumstance that disqualifies the person
from obtaining a valid Firearm Owner's Identification Card.
© Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety. Receiving, directly or indirectly, compensation for any firearms sold or transferred illegally. Discipline by another United States jurisdiction, foreign nation, or governmental agency, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act. Giving differential treatment to a person that is to that person's detriment because of race, color, creed,
sex, sexual orientation, religion, or national origin. Violation of any disciplinary order imposed on a licensee by the Department.
Conducting a dealership without a valid license. Revealing confidential or security information, except as specifically authorized by law, including but not limited to information about purchasers and transferees of
firearms, provided that a licensee or dealership agent may disclose this information under a court order, subpoena, or search warrant or to the Department or federal, State, or local law enforcement agencies upon request. Purporting to be a licensee-in-charge of an agency
without active participation in the agency. A finding by the Department that the licensee, after having his or her license placed on probationary
status, has violated the terms of probation. Failure to report in writing to the Department,
within 60 days of an entry of a settlement or a verdict in excess of $10,000, any legal action in which the business of the dealer, dealership, or dealership agent was the subject of the legal action."

More impediments, any excuse they can find to deny a license and shut down existing dealers.

"Section 90.
© Whenever the Secretary is not satisfied that substantial justice has been done, the Secretary may order a rehearing by the same or another hearing officer.
The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing."

When not satisfied with the results try again to shut them down. The Secretary can pick another hearing officer to get the result he wants and can terminate a license without a hearing.

"Section 105.
Complaints; investigations; hearings.
The Department shall, before disciplining a licensee under Section 130 or refusing to issue or license, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges under oath within 20 days after service, and (iii) inform the applicant or licensee that failure to answer will result in a default being entered against the applicant or licensee."

"In case the person, after receiving the notice, fails to file an
answer, his or her license may, in the discretion of the
Secretary, having first received the recommendation of the
Board, be suspended, revoked, or placed on probationary status,
or be subject to whatever disciplinary action the Secretary
considers proper, including limiting the scope, nature, or extent of the person's business or the imposition of a fine,
without hearing, if the act or acts charged constitute sufficient grounds for that action under this Act."

Everything at the discretion of the Secretary without a hearing and without recourse.

"e) The Secretary has the authority to appoint any attorney licensed to practice law in this State to serve as the hearing officer in any action for refusal to issue, restore, or renew a license or to discipline a licensee. The hearing officer has
full authority to conduct the hearing."

The Secretary appoints the hearing officer too, nice! Can you say, "license denied"?

"(e) The dealer or dealership may continue to operate as a
dealer or dealership during the course of an investigation or
hearing, unless the Secretary finds that the public interest,
safety, or welfare requires an emergency action."

Public interest loophole to shut dealers.

"Section 120.
Restoration of license after disciplinary proceedings. At any time after the successful completion of a
term of indefinite probation, indefinite suspension, or
revocation of a license, the Department may restore it to the
licensee, unless, after an investigation and a hearing, the
Secretary determines that restoration is not in the public interest."

Again up to the Secretary and the public interest excuse can be used to shut them down.

"Section 150.
Fees; deposit of fees and fines. The Department shall by rule provide for fees for the
administration and enforcement of this Act, and those fees are
nonrefundable. All of the fees, penalties, and fines collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration and enforcement of this Act."

Charge any fees they want with no limits, real easy to make FFL's operating from home and mom and pop shops go out of business.

 Great job, 357.