Illinois’ gun ban registry rules in federal court Tuesday

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[December 12, 2023]  By Greg Bishop | The Center Square

(The Center Square) – After an Illinois legislative panel reviews newly revised gun ban registry rules Tuesday morning, the registry deadline will be the subject of a federal court hearing later in the day.  

Multiple pages of an exhibit in the state's response to a legal challenge of Illinois' gun ban
Greg Bishop / The Center Square

Illinoisans with firearms banned by state law have until Jan. 1 to register. The rules will be the subject of a Joint Committee on Administrative Rules hearing Tuesday morning.

Last month, state Rep. Ryan Spain, R-Peoria, said lawmakers have a lot of work to do on JCAR to sift through modified rules from Illinois State Police.

“We need to move quickly though. We need to understand what changes are happening because there is a Jan. 1 requirement,” Spain said.

As of Friday, of the more than 2.4 million Firearm Owners ID card holders in Illinois, about 0.25% had disclosed possession of a now banned item. Last month, state Rep. Bob Morgan, D-Deerfield, reacted to similar numbers.

“I do think that this is a function of cramming for the test that people will wait for the last minute,” Morgan said. “We’re still waiting for a ruling from the federal court of appeals. Some people are waiting for that.”

While a three-judge federal appeals panel has since sided with the state, the law is still being challenged. Two cases are pending in front of the U.S. Supreme Court.

Tuesday afternoon, attorney Kostas Moros said plaintiffs will argue for the Southern District of Illinois federal court to delay the Jan. 1 registration deadline.

“We think that would be helpful for everyone because it would ease confusion and it would give time for the court cases to play out,” Moros told The Center Square.

The registration rules are confusing, he said.

“Even ISP admits [the rules] are confusing, that’s why they’re revising them,” Moros said. “But even assuming it all goes smoothly and JCAR approves the new rules on Dec. 12, that leaves people just a couple of weeks to register during the holiday seasons. That’s unprecedented.”

If the law survives any court action, those found out of compliance with the Jan. 1 registration deadline could face up to a Class 3 felony.

 

 

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