Update 11:20 p.m. Tuesday
The text of the ordinance, at the bottom of this article, has been replaced with a clean copy. The previous version had words that were supposed to be stricken out, but that was not completely clear.
Original story:
In order to comply with a 10-day window of time in which Illinois towns are legally permitted to pass an assault weapons ban, the village of Morton Grove on Tuesday afternoon wrote and released an ordinance.
The issue pits those who warn the high-powered weapons could be used to kill significant numbers of people rapidly against those who believe that banning them would infringe on Second Amendment rights.
More than a dozen people gave village board members their opinions at a town hall meeting Monday.
The board will hear citizens’ opinions Wednesday, July 17 at 6 p.m. at village hall, or by email. The board will vote on the ordinance Thursday, July 18 at 6 p.m. at village hall.
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The deadline situation occurred because the Illinois General Assembly on July 9, under the requirements a federal appeals court imposed, made it the law of the land to allow gun owners to carry concealed weapons. The law gives home-rule communities such as Morton Grove 10 days--or until July 19--to restrict the law, such as by adding an assault weapons ban.
The following information was released Tuesday by the Village of Morton Grove.
The Legislative Summary portion reads as follows:
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AMENDING TITLE 6, CHAPTER 2 OF THE MORTON GROVE MUNICIPAL CODE ENTITLED “DEADLY WEAPONS”,
July 17, 2013
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This Ordinance will define and regulate the possession of assault weapons within the Village of Morton Grove.
Synopsis: To adopt an ordinance defining and regulating assault weapons as allowed within the timeframe by the Illinois Concealed Carry Act PA98-0063.
On July 9, 2013, the Illinois Legislature passed the Illinois Concealed Carry Act PA98- 0063 which made it lawful for persons to carry concealed weapons under certain terms and conditions within the state of Illinois, and allowed municipalities to define and regulate the possession and ownership of assault weapons but only if it adopted an ordinance on or before July 19, 2013. The Illinois Concealed Carry Act required municipalities to define the term assault weapon as part of any ordinance regulating the possession or ownership of assault weapons. Any ordinance so adopted can be later amended. On July 15, 2013, the Village held a Town Hall meeting and received input from the community regarding the definition and regulation of assault weapons.
The proposed revisions to Title 6, Chapter 2, define an assault weapon as a firearm combined with an immediately accessible magazine capable of containing 31 or more rounds of ammunition. The possession of assault weapons is prohibited outside of a person’s legal residence or business or where a person is an invitee; unless the person possessing the assault weapon meets one of six exemptions or the weapon is being lawfully transported. The ordinance also incorporates by reference Illinois Statutes regulating assault weapons.
The enforcement of this ordinance will be handled by the Police Department during their normal workday duties.
ORDINANCE 13-13 AMENDING TITLE 6, CHAPTER 2 OF THE MORTON GROVE MUNICIPAL CODE ENTITLED “DEADLY WEAPONS”
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, on July 9, 2013, the Illinois Legislature passed the Illinois Concealed Carry Act PA98- 0063 which made it lawful for persons to carry concealed weapons under certain terms and conditions within the state of Illinois; and
WHEREAS, the Illinois Concealed Carry Act also allowed municipalities to define and regulate the possession and ownership of assault weapons but only if it had adopted an ordinance pertaining to the possession or ownership of assault weapons on or before July 19, 2013; and
WHEREAS, the Illinois Concealed Carry Act required municipalities to define the term assault weapon as part of any ordinance regulating the possession or ownership of assault weapons; and
WHEREAS, the Corporate Authorities believe it is in the best interest of the residents of the Village of Morton Grove to adopt an ordinance pertaining to the possession or ownership of assault weapons before July 19, 2013; and
WHEREAS, any ordinance so adopted on or before July 19, 2013, can, under the Illinois Concealed Carry Act can be amended anytime thereafter; and
WHEREAS, on July 15, 2013, the Corporate Authorities conducted a Town Hall meeting and solicited and received input from the community regarding the definition and regulation of assault weapons within the Village; and
WHEREAS, in order to implement regulations regarding assault weapons pursuant to the reasons outlined above, staff is recommending to the Village President and Board of Trustees Title 6, Chapter 2 of the Municipal Code be amended.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: Title 6, Chapter 2, entitled Deadly Weapons is hereby amended by repealing the entire Chapter and replacing it with a new Chapter to read as follows:
SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect.
SECTION 4: In the event this ordinance or any code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law.
Ordinance:
CHAPTER 2
DEADLY WEAPONS
6-2-1: DEFINITIONS:
6-2-2: UNLAWFUL USE OF WEAPONS; EXEMPTIONS:
6-2-3:POSSESSION OF ASSAULT WEAPON
6-2-4 EXEMPTION
6-2-5 PENALTIES
6-2-1: DEFINITIONS: As used in this chapter and unless the context clearly requires otherwise, the words and terms listed shall have the meaning ascribed to them in 720 Illinois Compiled Statutes 5/24 et seq. and in the Illinois Firearm Concealed Carry Act, PA980063. The following terms shall have the following meanings:
ASSAULT WEAPON: Any firearm combined with an immediately accessible magazine ;as defined in this ordinance, in which the magazine is capable of containing 31 or more rounds of ammunition.
FIREARM: Any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however:
(1) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a
single globular projectile not exceeding .18 inch in diameter or which has a
maximum muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels breakable paint balls containing washable marking colors;
(2) any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and
(4) an antique firearm (other than a machine-gun) which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.
LICENSED GUN CLUB: A club or organization, organized for the purpose of shooting at targets, licensed by the state of Illinois or the village of Morton Grove as provided by this code.
MAGAZINE: An ammunition storage and feeding device within or attached to a firearm. Magazines can be removable (detachable) or integral to the firearm.
6-2-2: UNLAWFUL USE OF WEAPONS; EXEMPTIONS:
A. Statutes Incorporated By Reference: The village of Morton Grove hereby incorporates by reference the following sections of the Illinois Compiled Statutes as amended from time to time as fully restated in this section:
720 ILCS 5/24-1 Unlawful use of weapons
720 ILCS 5/24-2 Exemptions
720 ILCS 5/24-6 Confiscation and disposition of weapons
720 ILCS 5/24-9 Firearms; child protection
6-2-3: POSSESSION OF ASSAULT WEAPONS:
A. Statutes Incorporated By Reference: The Village of Morton Grove hereby incorporates by reference the regulations now in effect and as adopted and amended from time to time regulating the ownership and possession of assault weapons as defined in this chapter as fully restated in this section.
B. No person shall carry or possess an assault weapon as defined by this ordinance on or about his or her person, upon any public street, alley, or other public lands within the Village of Morton Grove, except when an invitee thereon or therein, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission.
C. No person shall carry or possess an assault weapon as defined by this ordinance unless he or she has been issued valid and current licenses under the Illinois Firearm Concealed Carry Act and the Firearm Owners Identification Act.
6-2-4: EXEMPTIONS:
Section 6-2-3 shall not apply to :
A. Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
B. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.
C. Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
D. Any person specifically authorized by state or federal law to carry assault weapons in the course of their employment or official duties.
E. Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
F. Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.
G. The assault weapon is being transported by a person who has been issued a current valid Firearm Owners Identification Card and is in a broken down or non-functioning state; is not immediately accessible; or is unloaded and enclosed in a case.
6-2-5: PENALTIES: Any person violating any provision of this chapter shall be subject to a penalty in accordance with title 1, chapter 4 of this code or as set forth in the applicable state statute for the same offense, whichever is greater.
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