Office of the City Clerk - Record #: R2011-332

Date	Journal Page Number	Action By	Action	Result	Action Details	Meeting Details	Captions
3/9/2011		City Council	Introduced (Agreed Calendar)		Action details	Meeting details	Not available
3/9/2011	114092	City Council	Adopted		Action details	Meeting details	Not available

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RICHARD M. DALEY

OFFICE OF THE MAYOR

CITY OF CHICAGO

March 9, 201

TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO

Ladies and Gentlemen:

I transmit herewith a resolution urging the General Assembly to reject legislation limiting the local regulation of firearms.

Your favorable consideration of this resolution will be appreciated.

RESOLUTION

WHEREAS, For many years the City of Chicago and other Illinois home rule units of local government have imposed reasonable regulations on the ownership, possession, sale and transportation of firearms and firearms ammunition including, in the case of Chicago, a firearms registration requirement that, from 1982 until last year, prohibited the registration of new handguns; and

WHEREAS, Over the past two years, a divided United States Supreme Court overturned decades of established jurisprudence, first by holding that the Second Amendment to the United States Constitution bestowed a limited right upon individuals to possess handguns, then, in McDonald v. City of Chicago, by holding that the Second Amendment applies not just to the Federal Government but also to the states and local governments; and

WHEREAS, Although the State of Illinois has enacted several laws to regulate the sale, possession and transportation of firearms, the City Council of the City of Chicago concluded, after the US Supreme Court's decision in McDonald, that these laws are not sufficient to protect Chicago citizens from the unique and heightened risk of firearm violence, especially handgun violence, endemic in densely populated urban areas, and

WHEREAS, In order to provide for the ongoing protection of the public welfare and safety after the McDonald decision, the City Council ofthe City of Chicago held hearings, heard testimony and made a deliberate decision to pass an ordinance that provides for reasonable regulation of firearms in compliance with the rulings ofthe United States Supreme Court, and

WHEREAS, Specifically, the City Council amended the Municipal Code of Chicago to eliminate provisions that had effectively banned the possession of handguns by most private individuals, and to establish a new permit system and revised firearm registration process that allows an individual to possess a handgun for the protection of his or her home, subject to reasonable restrictions that the City Council has determined are necessary to protect public safety; and

WHEREAS, Under the City's current firearm ordinances, the City restricts the number of accessible firearms that may be kept at home; requires that certain precautions be taken to restrict accessibility of firearms to minors; generally prohibits the private possession of sawed-off shotguns, assault weapons and high capacity magazine cartridges; requires at least one hour of range training and four hours of classroom instruction in order to obtain a permit to possess firearms; and imposes other regulations relating to public safety; and

WHEREAS, The National Rifle Association, one of the most powerful and wealthiest lobbying organizations in the Nation, apparently is hoping that the recent decisions of the United States Supreme Court will create momentum that will improve the chances of passage by the Illinois General Assembly of legislation that the NRA supports, including legislation that would severely restrict the ability of municipalities and counties to regulate the transfer, possession and transportation of firearms and ammunition for purposes of public safety; and

WHEREAS, Specifically, legislation supported by the NRA includes: House Bill 3, which would prohibit units of local government from requiring the registration or the reporting of the sale or transfer of firearms, and from keeping a firearms registry; House Bill 4, which would prohibit home rule units from requiring firearms training and instruction or to otherwise regulate the ownership or possession of firearms; House Bill 8, which prohibits counties, including home rule counties, from imposing restrictions or limitations greater than State law on the acquisition, possession, transportation, carrying, and transfer of firearms; House Bill 142, which would impose similar limitations on all units of local government, including home rule units; House Bill 264, which would prohibit units of local government, including home rule units, from imposing licensing or permit requirements on firearms ownership or possession; and House Bill 265, which would prohibit units of local government, including home rule units, from regulating the transportation of firearms; and

WHEREAS, This pending state legislation would directly jeopardize and potentially eliminate the authority and the ability of the City to implement and enforce many provisions of its firearms regulation ordinances; and

WHEREAS, Although legislation similar to some of these bills has been considered by previous General Assemblies, the General Assembly has rejected the legislation because it has recognized that the regulation of firearms at the municipal and county level is sometimes necessary; and

WHEREAS, The exercise of home rule powers in this area is necessary because regulations that may be appropriate for firearms possessed in dense urban areas, such as Chicago and its surrounding suburbs, may not be appropriate in some rural areas, where firearms and hunting are more likely to be a part of daily life; now, therefore,

BE IT RESOLVED, That we, the Mayor and Members ofthe City Council ofthe City of Chicago, assembled this ninth day of March, 2011, do hereby urge the Illinois General Assembly to reject any and all proposed legislation that would limit or restrict the powers of Illinois municipalities and counties to regulate the transfer, possession or transportation of firearms and ammunition for purposes of public safety; and

BE IT FURTHER RESOLVED, That we encourage the Governor ofthe State of Illinois to veto any such legislation if it should pass the General Assembly; and

BE IT FURTHER RESOLVED, That copies of this resolution be delivered to the Governor of the State of Illinois, the President of the Illinois Senate, the Minority Leader of the Illinois Senate, the Speaker of the Illinois House of Representatives, and the Minority Leader of the Illinois House of Re^ifesentaiiyfcs, // ^ is* I I