Niles Already Has an Assault Weapons Ban

Written by Pam DeFiglio

As towns across Illinois wrestle with whether to pass an assault weapons ban in light of developments in Springfield, it turns out Niles already has an ordinance banning assault weapons.

Niles Trustee Joe LoVerde inquired of Village Attorney Joe Annunzio and Niles Village Manager Steve Vinezeano as to whether the village board should act swiftly to pass an assault weapons ban, and Annunzio sent him a copy of the village's existing ordinance, which is pasted below.

The state legislature passed a concealed carry (of firearms) bill May 31 in order to meet a June 9 deadline set in December by a federal appeals court, which ruled last year that Illinois, the nation's lone holdout state in prohibiting concealed carry, must permit it under Second Amendment rights to keep and bear arms.
 
Gov. Pat Quinn had a July 9 deadline to sign the bill, and if and when he does, that will open a 10-day window in which municipalities can enact gun-related legislation, as long as it doesn't violate concealed carry, according to the State Journal Register. However, Quinn sent the bill back to the legislature with an amendatory veto, wanting many provisions to be changed. The legislature will likely take up the matter Monday, July 8.
 
Earlier: See what north suburban downs are doing on assault weapons bans (interactive map)

The issue has raised hackles across the suburbs, with 53 people coming to a Highland Park village board meeting to comment on it. In Skokie, 33 commented to village officials. Skokie and Highland Park both passed assault weapons bans; Deerfield is regulating the storage of them and Evanston is set to consider the issue Monday.

Niles' Ordinance Banning Assault Weapons

Sec. 66-234. Definitions.


The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:


Antique handgun means any firearm, including, but not limited to, any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, which is incapable of being fired or discharged; or any firearm manufactured before 1898 for which cartridge ammunition is not commercially available and is possessed as a curiosity or ornament or for its historical significance or value.


Assault weapon means:


(1)Any semiautomatic action, centerfire rifle or carbine that accepts a detachable magazine with a capacity of 20 rounds or more.


(2)Any semiautomatic shotgun with a magazine capacity of more than six rounds.


(3)Any semiautomatic handgun that is:


a.       A modification of a rifle described in this definition or a modification of an automatic firearm; or


b.      Originally designed to accept a detachable magazine with a capacity of more than 20 rounds.


(4)Any firearm which may be restored to an operable assault weapon.


(5)Any part or combination of parts designed or intended to convert a firearm into an assault weapon which may be readily assembled if those parts are in the possession or under the control of the same person.


(6)The term "assault weapon" does not include any of the following:


a.       Any firearm that uses .22 caliber rimfire ammunition with a detachable magazine with a capacity of 18 rounds or less.


b.      Any assault weapon which has been modified to either render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon.




Automatic or semiautomatic firearm means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger.


Firearm means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. The word firearm includes an unloaded firearm and any firearm which is inoperable but which can readily be rendered operable.


Handgun means a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such firearm can be assembled.


Person means any individual, corporation, company, association, firm, partnership, club or society, including wholesale and retail gun dealers.


Rifle means a weapon designed or redesigned, made or remade and intended to be fired from the shoulder or designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.


Sale means the transfer of possession within the village for consideration.


Shotgun means a firearm, whether or not it is intended to be fired from the shoulder, that is designed or redesigned, made or remade to fire a fixed shotgun shell.


(Code 1965, § 22-48(a); Ord. No. 1994-12, § 1, 2-22-94)


Cross reference- Definitions generally, § 1-4.


Sec. 66-235. Prohibitions.


(a)    No person shall sell, offer or display for sale, give, lease, lend or transfer ownership of any assault weapon.


(b)   This section shall not apply to federal, state and local law enforcement officials while engaged in the operation of their official duties.


(c)    The sale of handguns, except antique handguns, is prohibited. However, this prohibition shall not apply to sales to law enforcement officers on active duty, security personnel licensed by the state to carry firearms, and members of any other federal bureau or agency who are authorized to carry firearms.


(Code 1965, § 22-48(b); Ord. No. 1994-12, § 2, 2-22-94)


Sec. 66-236. Seizure and destruction.


Any assault weapon offered for sale in violation of this division is hereby declared to be contraband and shall be seized and disposed of as authorized by law.


(Code 1965, § 22-48(c))


Sec. 66-237. Penalty for violation.


(a)    Any person who violates any provision of this section shall be guilty of a class B misdemeanor.


(b)   Each calendar day that any violation of this section is repeated or continued shall constitute a separate offense.


(Code 1965, § 22-48(d))