Illinois gun rights group sues over new firearms dealer law: ‘All this does is create more red tape’
The Illinois State Rifle Association filed a
lawsuit this week aiming to undo a new law that gives the state more
authority over gun dealers.
The controversial legislation
— which was passed during former Gov. Bruce Rauner’s tenure and signed
by current Gov. J.B. Pritzker during his first days in office — makes it
illegal for retailers to sell guns without being certified by the
state. The requirement is an addition to the obligatory license issued
by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
Under
the new law, shop owners also have to install surveillance equipment,
maintain an electronic inventory, establish anti-theft measures and
require employees to undergo annual training.
A
three-year certification costs retailers a maximum of $1,500, with the
regulations applying to small businesses as well as big-box retailers.
Sellers without a retail location are charged $300 for certification.
The federal license costs $300 for new dealers and $90 per year after.
In
addition to the Illinois State Rifle Association, eight gun dealers are
listed as plaintiffs in the lawsuit filed in the Springfield-based
Sangamon County Circuit Court. The complaint argues the new law, which
went into effect Wednesday, places an unfair financial burden on
legitimate business owners.
“It is
our hope that the court will stop the illegal mistreatment of an already
heavily regulated market, by a law that will not protect public safety
or reduce crime," said prominent Second Amendment lawyer David Sigale,
who is the lead plaintiff’s attorney in the case. "Rather, the law only
serves to put lawful businesses out of business, and imposes hardship
and arbitrary standards on those that remain.”
The
law’s proponents argued the legislation is necessary to curb gun
violence because the ATF does not have the resources to oversee all the
gun dealers in Illinois. Opponents, including the Illinois State Rifle
Association, say it violates the U.S. Constitution by interfering with
the right to bear arms.
“There is no
need for this law,” ISRA Executive Director Richard Pearson said in a
statement Wednesday. “The federal government already licenses gun
dealers. All this does is create more red tape and increase the cost of
doing business. We said we would challenge this law in court when it was
signed, and today we are keeping that promise.”
The Pritzker administration defended the measure, Senate Bill 337, saying it made Illinois communities safer.
“Governor
Pritzker was proud to make SB337 the second bill he signed into law as
governor, keeping his promise to prevent senseless gun violence from
tearing apart families,” Pritzker spokeswoman Jordan Abudayyeh said.
“This commonsense, bipartisan law makes sure guns don’t fall into the
wrong hands and licenses gun dealers just like restaurants and other
businesses. We’re certain the state will vigorously defend this
important new law.”
In announcing
the lawsuit, the Illinois State Rifle Association continued to criticize
Pritzker’s role in the legislation’s signing. Rauner vetoed similar
legislation last year, calling it “duplicative” because the federal
government already licensed dealers. He publicly doubted whether another
layer of oversight would increase public safety.
Lawmakers
approved another version in May 2018 while Rauner was governor, but
Democratic Senate President John Cullerton held on to the paperwork to
keep it off the Republican’s desk so that he couldn’t veto it again.
Cullerton finally sent the bill to Pritzker in mid-January, just a few
days after the Democrat took office.
“The
political gamesmanship to get this legislation signed into law is
appalling,” Pearson said. “Rules and deadlines apparently mean nothing
to advocates for gun control. Senate Bill 337 should have died in the
100th General Assembly. We are left with no choice but to challenge this
terrible new law in court.”
Source: https://www.chicagotribune.com/news/ct-illinois-rifle-association-sues-over-gun-dealer-license-law-20190717-myo5rg67gfemrm5wcrjs66ylwi-story.html
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