From the Freedom Caucus of the Illinois General Assembly:
IL Freedom Caucus condemns unconstitutional gun bill
Springfield, IL – The Illinois General Assembly has once again wasted time and taxpayer resources to push through yet another gun bill that will most certainly not withstand a Constitutional challenge, according to members of the Illinois Freedom Caucus.
“Radical leftists are congratulating themselves for ramming through yet another gun bill, but their victory today will be a short-lived one and they know it.
“House Bill 4144 mandates police seizure of firearms from anyone subject to an order of protection or ‘red flag’ order and includes ex parte orders in which there is no notification of a hearing or any due process rights.
“Furthermore, there are no provisions for the return of firearms should the ex parte orders be dismissed.
“No one wants criminals to use firearms to commit acts of violence, but the way to stop violent acts from happening is to punish those who break the law and to increase the penalties for those who violate orders of protection.
“There are solutions that actually work.
“Unfortunately, the Democrats chose the least effective path by passing a bill that will most likely be ruled unconstitutional, proving that the priority of the radical left is not to solve problems but rather to make political statements.
“Illinois needs solutions and real leadership not more political slogans and activism.”
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Below is the official explanation of the law:
Replaces everything after the enacting clause. Provides that the amendatory Act may be referred to as Karina’s Law. Amends the Code of Criminal Procedure of 1963. Authorizes the court in a criminal proceeding to issue as a remedy an order that prohibits the possession of firearms and firearm parts capable of being assembled to make an operable firearm. Provides that a person who is subject to an existing domestic violence order of protection issued under the Code may not lawfully possess firearms or firearm parts that could be assembled to make an operable firearm. Contains provisions concerning the issuance of search warrants for firearms and firearm parts possessed in violation of such an order; the safekeeping and transfer of those items when seized or surrendered; the process to petition a court for the return of those items; and other matters of procedure. Amends the Illinois Domestic Violence Act of 1986. Authorizes a court to issue as a remedy for an order of protection violation an order prohibiting the possession of firearms and firearm parts capable of being assembled to make an operable firearm. Contains provisions concerning the issuance of search warrants for firearms and firearm parts possessed in violation of such an order; the safekeeping and transfer of those items when seized or surrendered; the process to petition a court for the return of those items; and other matters or procedure. Provides that, if a search warrant is issued under these provisions, the clerk of the issuing judge shall, or the petitioner may, on the same day that the warrant is issued, transmit the warrant to the law enforcement agency to which the warrant is directed. Provides that any act of omission or commission by any law enforcement officer acting in good faith in executing search warrants under the Act shall not impose civil liability upon the law enforcement officer or his or her supervisor or employer, unless the act is a result of willful or wanton misconduct. Effective 90 days after becoming law.
Title of the original bill:
PUBLIC WATER SUPPLY DISRUPT
Yes, “Public Water Supply.”
Senate roll call:
The Senate roll call is below:
Local State Senator Don DeWitte voted in favor. Voting against were Dave Syverson and Craig Wilcox. Dan McConchie chose not to vote.
The House vote to agree with the Senate amendment to the innocuous water district bill was 80-33, but the roll call has not been posted.
The House roll call follows:
Voting in favor Sue Ness. In opposition were Jeff Keicher. Steve Reick, Marty McLaughlin, Joe Sosnowski and Tom Weber
