July 2, 2013
To the Honorable
Members of the
Illinois House of
Representatives,
98th General
Assembly:
As Governor, it is my
foremost duty to keep the people of Illinois safe. In the first half of this
year, there were 843 shootings and 184 murders in the City of Chicago alone.
There's no doubt that gun violence is a plague in many Illinois communities.
That's why any changes to our state's gun policy must protect the people and
minimize the risk of gun violence on our streets.
On December 11, 2012,
three days before the Sandy Hook school tragedy, the United States Court of
Appeals for the Seventh Circuit, (Case Nos. 12-1269 and 12-1788), without
precedent regarding the regulation of guns outside the home, struck down
Illinois’ current ban on the concealed carry of guns in public.
Let me be clear, I do
not agree with this ruling. However, I am duty-bound to address the mandates of
the Court of Appeals, unless the United States Supreme Court rules otherwise.
To fill the legal void
left by the Seventh Circuit’s opinion, House Bill 183 creates the Firearm
Concealed Carry Act to allow and regulate the carrying of concealed handguns in
public places.
I have carefully
reviewed every part of this legislation. This is a flawed bill with serious
safety problems that must be addressed.
Therefore, I am
compelled to use my constitutional authority to rectify several specific
issues, to establish a better law to protect the people of Illinois.
Alcohol
As drafted, this bill
allows people to carry guns into establishments serving alcohol, including most
family restaurants and other places where large amounts of alcohol are
consumed.
Mixing alcohol with
guns is irresponsible and dangerous. Regardless of the percentage of sales
attributed to alcohol, any establishment where alcohol can be consumed is an
establishment where alcohol can impair judgment and do harm. Just as we
have strong laws to prevent the danger of drinking and driving, we must have
laws that prevent the danger of drinking and carrying a loaded gun. Illinois
must keep guns out of any establishment where alcohol is consumed.
Home Rule
This bill strips the
authority of Illinois home rule governments to enact future laws
on assault weapons to protect their local communities. Due to the General
Assembly’s inability to enact a statewide ban on these dangerous weapons, this
burden now rests on the shoulders of local governments, which should always
have the right to strengthen their own ordinances depending on their public
safety needs.
Restricting local communities’
ability to regulate assault weapons is in no way related to the concealed
carry of handguns, is not necessary to address the Seventh Circuit’s opinion,
and has no place in this bill. This NRA-inspired provision
is not in the best interest of public safety or local communities. It
should be removed.
Signage
Under this bill, loaded
guns would be allowed in stores, restaurants, churches, children's
entertainment venues, movie theaters and other private properties, unless the
owner visibly displays a sign prohibiting guns. As written, this provision
would lead to the unfair and unduly burdensome presumption that—without private
property owners’ specific actions to the contrary—guns are welcome.
As a matter of property
rights, the legal presumption should always be that a person is not
allowed to carry a concealed, loaded gun onto private property unless given
express permission.
Employer’s Rights
As currently drafted,
this bill infringes on an employer’s ability to enact policies that ensure a
safe and secure work environment. According to the U.S. Bureau of Labor
Statistics, shootings are the most frequent cause of workplace fatalities.
Taking away the rights of employers is wrong and in this case, jeopardizes the
safety of their employees.
Employers must have the
right to enact policies that prohibit employees from carrying guns in the
workplace and in the course of any employment-related duties.
Limiting Number of Guns
and Ammunition
The bill provides no
cap on the number of guns or on the size or number of ammunition clips that may
be carried. Instead, it allows individuals to legally carry multiple guns with
unlimited rounds of ammunition, which is a public safety hazard.
Recent shootings, such
as the horrific tragedy in Newtown, CT where a gunman fired 154 bullets in less
than five minutes, have put a spotlight on the extreme and unnecessary danger
posed by high-capacity ammunition magazines.
If Illinois is going to
legalize the carrying of loaded, concealed guns, our state should do so with
common sense and a commitment to preventing mass violence.
The legislation should
clarify that a license will permit an individual to carry one concealed gun and
one ammunition clip that can hold no more than 10 rounds of ammunition.
Clarifying Mental Health
Reporting
While this bill
appropriately seeks to improve mental health reporting, the positive impact of
these measures is limited by the lack of clarity in the notification
process.
As I said during my
State of the State address in February, mental health reporting is critical to
ensure that guns don’t fall into the hands of individuals who pose a threat to
themselves or others. As the authority primarily responsible for licensing
decisions, the Illinois State Police must have access to information regarding
individuals who pose a “clear and present danger.” Clarification to the
notification process is necessary to ensure these enhancements to mental health
reporting prevent guns from falling into the wrong hands.
Clarifying “Concealed”
The definition provided
for “concealed firearm” is insufficient and must be clarified to ensure that
when guns are carried, they are completely concealed from public view.
As written, the
definition includes the phrase “mostly concealed,” which would allow a licensee
to walk around in public with a portion of his or her gun exposed.
Make no mistake—this is
a step towards open carry in Illinois. This vague definition can lead to fear
and confusion among the public, varying interpretations and enforcement, and
the potential for subsequent litigation.
If Illinois is going to
legalize the carrying of loaded, concealed guns, the legislation must be
clarified to ensure when guns are carried, they are completely
concealed.
Open Meetings Act
Under the current bill,
the meetings and records of the Concealed Carry Licensing Review Board are
entirely exempt from the Open Meetings and Freedom of Information Acts,
providing zero transparency of the meetings, budget, personnel, and other
aspects of this government board.
A more transparent
approach would best serve the public. Due to the Board’s consideration of
protected medical and arrest records of applicants, it is understandable for
the deliberations of the Board to take place in closed, executive session.
However, similar to the Prisoner Review Board and the Emergency Medical
Services Disciplinary Review Board, the meetings and records of the board –
unless otherwise exempt – should be announced, open, and available to the
public.
Informing Law Enforcement
of Carrying
We must always ensure
our public safety officers are protected as they protect the public in their
line of duty. The law in this area must be very clear: an individual’s response
to questions from law enforcement when it comes to carrying guns must be
immediate.
Conclusion: Public Safety
First
In closing, there are
too many provisions in this bill inspired by the National Rifle Association,
not the common good. Public safety should never be compromised nor negotiated
away.
With these common sense
changes, House Bill 183 will have my approval. I respectfully request your
concurrence.
Pursuant to the authority vested in the
Governor by Article IV, Section 9(e) of the Illinois Constitution of 1970, and
re-affirmed by the People of the State of Illinois by popular referendum in
1974, and conforming to the standard articulated by the Illinois Supreme Court
in People ex rel. Klinger v. Howlett, 50 Ill.2d 242 (1972),
Continental Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387
(1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d 356 (1980),
and County of Kane v. Carlson, 116 Ill.2d 186 (1987), declaring that
gubernatorial action be consistent with the fundamental purposes and the intent
of the bill, I hereby return House Bill 183, entitled “AN ACT concerning
regulation,” with my specific recommendations for change.
On page 1, by inserting
immediately below line 6 the following:
““Ammunition feeding
device” means a detachable magazine, clip, belt, drum, feed strip, or similar
device.”; and
on page 1, by replacing
lines 10 through 13 with the following:
““Concealed
firearm” means a loaded or unloaded handgun carried on or about a person
completely covered or not visible from the view of the public, or carried in a
vehicle concealed, covered, or not visible from the view of the public.”; and
on page 3, by replacing
lines 13 through 18 with the following: “permit the licensee to carry one
loaded or unloaded concealed firearm and, whether attached to or detached from
the firearm, one ammunition feeding device for that firearm with a
capacity of 10 rounds of ammunition or less on or about his or her person. The
licensee may not carry an ammunition feeding device with a capacity of more
than 10 rounds of ammunition or that can be readily restored or converted to
accept more than 10 rounds of ammunition.”; and
on page 5, line 1, by
inserting “immediately” after “shall”; and
on page 10, by deleting
lines 19 through 21; and
on page 10, line 22, by
replacing “(i)” with “(h)”; and
on page 22, by replacing
lines 16 through 26 with the following:
“(9) Any building, real
property, and parking area under the control of an establishment where alcohol
may be consumed, other than a private residence or a club as defined in Section 1-3.24 of the Liquor Control Act of 1934.”; and
on page 25, by
replacing lines 23 through 26 with the following:
“(a-10) A person
shall not carry a concealed firearm onto the private real property of another
without prior permission from the property owner. A property owner shall
indicate permission to carry concealed firearms by posting a sign at the
entrance of a building, premises, or real property, except this posting is not
required if the property is a private residence. Signs stating that the
carrying of firearms is allowed shall be clearly and conspicuously posted at
the entrance of a building, premises, or real property. Signs shall be of a
uniform design as established by the Department and shall be at least 4 inches
by 6 inches in size. The Department shall adopt rules for standardized signs to
be used under this subsection.”; and
on
page 26, by replacing lines 1 and 2 with the following:
“(a-15) An employer, or his or her designee, may prohibit an
employee from carrying a concealed firearm during any part of the employee's
employment. An employer, or his or her designee, may prohibit an employee
from bringing a firearm onto the employer's property.”; and
on page 26, by
replacing lines 12 through 17 with “vehicle in the parking area. The firearm
must remain within the vehicle at all times while within the parking area. For
purposes of this”; and
on page 27, by deleting
lines 4 through 11; and
on page 45, by
replacing lines 18 through 20 with the following:
“(30) Deliberations regarding applicants under the Firearm
Concealed Carry Act by the Concealed Carry Licensing Review Board.”; and
on page 58, by
replacing lines 16 through 18 with the following:
“(c-5) Any
owner of an establishment where alcohol may be consumed, other than a private
residence or club as defined in Section 1-3.24 of the Liquor Control Act of
1934,”; and
on page 106, by
replacing lines 12 through 22 with the following:
“(d) If a person is determined to pose a clear and
present danger to himself, herself, or to others:
(1) by a physician, clinical psychologist, or qualified examiner,
or is determined to be developmentally disabled by a physician, clinical
psychologist, or qualified examiner, whether employed by the State or
privately, then the physician, clinical psychologist, or qualified examiner
shall, within 24 hours of making the determination, notify the Department of
Human Services that the person poses a clear and present danger or is
developmentally disabled; or
(2) by a law enforcement official or school administrator, then the
law enforcement official or school administrator shall, within 24 hours of
making the determination, notify the Department of State Police that the person
poses a clear and present danger.
The Department of Human
Services shall”; and
on page 122, line 23,
by replacing “subsections (b) and (c)” with “subsection (b)”; and
on page 123, by
deleting lines 21 through 26; and
on page 124, by
deleting lines 1 through 15; and
on page 124, line 16,
by replacing “(d)” with “(c)”; and
on page 124, line 19, by
replacing “(e)” with “(d)”.
With these changes,
House Bill 183 will have my approval. I respectfully request your
concurrence.
Sincerely,
PAT QUINN
In other words, F**K YOU, ILLINOIS!
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