GUN DEALER LICENSE UPDATE.

Last week, the Illinois Gun Dealer Licensing bill passed out of a House committee on a 7-6 vote.  I believe that the bill's sponsors planned on a vote in the House within a day or two, but those plans have gone awry.

As the vote concluded, one of the Representatives congratulated the bill's House sponsor, Rep. Kathleen Willis on the win.  With a warm smile and sincere words, the anti-gun Rep warmly wished Willis the best for success the next day in a floor vote.

That vote has not happened and here's why:  The pro-gun team lobbying in Springfield right now has educated a whole bunch of legislators on the problems in this bill.  After learning of the many problems in this flawed bill, the votes simply do not exist for passage.  And it's only getting worse for Kathleen Willis.

Yes, this is the bill that made it through the Illinois Senate because the Illinois Firearms Manufacturers Association dropped their opposition in exchange for a carve-out.  The Illinois Retail Merchants Association also traded their opposition to the bill for a carve-out for big box stores.  In the end, the exemptions garnered SB-1657's sponsor, Senator Don Harmon, with the bare 30 votes he needed for it to pass through the Illinois Senate.

Smelling blood in the water, the anti-gun groups went into a frenzy.  They mobilized their supporters nationwide in an effort to muscle the bill through the Illinois House.  At the hearing, 3854 people filed witness slips in support of gun dealer licensing – that's more than I've ever seen in support for a gun control bill.  Over 10,200 freedom-loving Americans filed slips in opposition to the bill – also more than I've seen.  Office phones of Prairie State representatives have rang off the hook as well.  So too have email accounts and social media sites.

The hearing came last Tuesday, just as GunNews went to press.  Representatives from all manner of gun control groups turned out for the hearing.  So too did pro-gun forces.

The NRA-ILA came out from NRA headquarters.  Todd Vandermyde testified on our behalf as well.  A number of dealers showed up, including Dan Eldridge from Maxon's who also testified with Todd.  The Illinois State Rifle Association brought pretty much their whole stable of lobbyists, including their newest, Ed Sullivan.  Guns Save Life was there, and so too Illinois Carry and the NSSF.  The manufacturers stood absolutely opposed to this bill with Rock River's Chuck Larson and Springfield's Dennis Reese in attendance.  The list goes on and on. 

As I noted earlier, the bill passed out of committee.  That was expected.

Supporters of the bill thought they easily had the votes to pass the bill on the floor of the House.

These same people didn't know or understand the bill's problems.  And our side has eagerly shared the bill's flaws with all who would listen.  Frankly, that's turned out to be a majority of the legislators.

Problem number one of many:  The state is broke, and this bill would cost the state millions to implement.  It vastly underestimates how many state agents will be necessary to implement its requirements, greatly increasing the cost.  If licensing fees $5,000 to $10,000, or more aren't going to cover the costs, then the bill will have to be paid for with cuts to social service programs or pensions. 

The bill's defenders are trying to argue how it's not going to drive dealers out of business, but we've rebutted every talking point they've presented aside from the emotional arguments.  We've had subject matter experts talking with members of the Illinois House, explaining just exactly how the bill would cripple them and eventually put them out of business.  With each and every violation set at a $10,000 fine, even for trivial violations, it would not take many violations before any local gun shop closed its doors.

For a run-down on many of the bill's flaws, visit 357's post at Illinois Carry.  He did a magnificent job analyzing the bill.

Here's a sample:

"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.

Another problem brought out at the hearing:  If the purpose of this bill is to cut down on improperly trained salespeople selling guns to the wrong people, then why the exemption for big box stores?  Especially when the young woman that sells a gun at Walmart might work in cosmetics most of the time.  Yeah, in other words, it's not about educated sales staff.  It's about running disfavored local businesses into the ground.

The bill's sponsors don't want to amend the bill to fix some of the many problems with it because they know their likelihood of making it through the Senate a second time to approve the changes is nil.  Of course, the sponsors offer to run a trailer bill later this session to fix the problems – after the fact.  Yeah, like that's going to happen!.

The bill's sponsors are literally running from office to office, trying to put out an increasing number of brushfires we are planting amongst their own supporters.  We show these Representatives problems with the bill.  Those problems then cause them to reconsider their previous support for the bill.  Yep, Todd and crew have done a great job only shoring up Reps squishy on the Second Amendment, but also influencing some of the people traditionally anti-gun.

The gun grabbers need 60 votes present voting "yes" to pass this bill.  Anyone not present to vote doesn't help the other side get the bill passed.  Why is that significant?  A growing number of Representatives will be leaving town for the Memorial Day holiday in the coming days. 

Not only that, but there are some health issues that might preclude attendance among what would be "yes" votes.  That's a darn shame, of course.