Illinois House committee approves firearm omnibus bill

• Mike Miletich
• May 9, 2023 Updated May 9, 2023

SPRINGFIELD, Ill. (WAND) — Illinois House Democrats filed bill language Tuesday afternoon for a firearm omnibus plan that they believe will keep communities safer. The House Judiciary Criminal Committee approved the 98-page bill just before 6 p.m. despite concerns from Republicans, gun advocacy organizations and the Illinois Sheriffs’ Association.

House Bill 676 could allow county boards to adopt ordinances prohibiting use of guns within 1,000 yards of homes unless the firearms are used for self defense. County boards can currently pass such ordinances for to monitor discharge of firearms within 300 yards. Sponsors said this is necessary as people have recently reported shell casings found in their yards and some homes having damage from bullets.

“It’s not a hypothetical. It’s literally happening today where individuals are firing their firearms and these bullet casings are landing on residential properties,” said Rep. Bob Morgan (D-Deerfield). “Law enforcement can do nothing about it because of our statute of 300 yards or less.”

The plan could create a task force to review current and potential insurance policies for safe and legal possession of guns. Task force members would be asked to provide recommendations on the feasibility and cost-effectiveness of requiring gun owners to have insurance and any risks lawmakers should think about with future legislation.

“Under the Bruen decision, they talked about unreasonable fees,” said Ed Sullivan, a lobbyist for the Illinois State Rifle Association. “What do you think a liability fee would be to have liability insurance and would that be unreasonable? So as you move forward, should this pass and get passed into law, think about that perspective on what you might come up with in this task force.”

This proposal could also allow judges to order law enforcement to seize guns while issuing emergency orders of protection. However, Republicans and gun advocates are concerned that police would be taking expensive property from families. Current law allows people to transfer their weapons to another valid FOID card holder. The Illinois Sheriffs’ Association noted that the law also states that people could choose to give the guns to someone within the same residence. Executive Director Jim Kaitschuk said he suggested lawmakers could remove the residence requirement so people have to transfer their guns to a separate location. Kaitschuk stressed that he was disappointed that idea wasn’t included in the bill.

“The other problem here too is if they do have the weapons and give them to us, where do we put them? I mean the storage lockers for evidence are not big,” Kaitschuk said. “You’re talking about some folks that may have a lot of weaponry here. How do we know that we get them all? We don’t know these kind of things. In addition, what happens with the liability in the event something does happen to those weapons? You’re talking about some high-end weaponry in some cases. Is that now our responsibility and is the sheriff’s office going to get sued as a result of some damage, water damage, or whatever might happen?”

Lead sponsor Maura Hirschauer (D-Batavia) testified alongside leaders from advocacy organizations for survivors of domestic violence. Advocates from the Network: Advocating Against Domestic Violence, Illinois Coalition Against Domestic Violence, and Legal Action Illinois said this proposal could address loopholes in current law. They noted that many judges are currently granting firearm remedies leading to seizure of guns by law enforcement. Hirschauer said her plan will clear up ambiguity so the process can happen equitably across the state. 

“In the interest of the safety of survivors and their families, it is our belief that the most safe place for firearms is with our trusted law enforcement officials. This also prevents the ripple effect from intimate partner violence from cascading out to other family members, involving other family members in some messy and dangerous situations,” Hirschauer said. “I believe our law enforcement, they’re the safest place for our guns to be.”

Under House Bill 676, people would also be required to have FOID cards in order to buy pre-packaged explosive targets like Tannerite used for shooting practice. Anyone illegally selling or delivering Tannerite could be charged with a class 4 felony.

This legislation would also expand the state’s First Time Weapon Offense Program for non-violent offenders charged with possessing weapons. Current law allows people 21 and under to participate in the program, but House Bill 676 would open the program to Illinoisans of all ages charged for the first time. People currently participate in the program for 18-24 months depending on recommendations from the program administrator and State’s Attorney. This proposal would change the timeline to be 6-18 months.

“I don’t understand why it is that with the number of gun crimes around our state why we are not taking a stance to truly penalize the folks that are committing these crimes rather than giving them a second chance,” said House Republican Leader Tony McCombie (R-Savanna). “I don’t think the second chance or these programs are working. We’re not willing to penalize the criminal. But with guns, we are always looking to criminalize the law-abiding gun owners.”

The plan passed out of the House Judiciary Criminal Committee on a 9-4 vote. House Bill 676 now heads to the House floor for further consideration.