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Home Illinois News

Illinois lawmakers consider ban on sanctuary resolutions upholding 2nd Amendment rights

Illinois Review by Illinois Review
March 18, 2019
in Illinois News
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SPRINGFIELD – The Democrats are upset that a growing number of Illinois counties are challenging their ideas to control guns throughout the state. So much so, they're working on an effort to stop counties from balking state laws they believe limit Second Amendment rights.

Within days of his inauguration, Gov. JB Pritzker pleased his gun control supporters by placing additional restrictions on Illinois gun shops. As a result, several gun shops are reporting to be closing their doors – exactly what the gun control advocates hoped would happen. 

So one by one, elected officials within over 60 Illinois counties have agreed to stand up against state lawmakers restrictions by resolving not to enforce any laws that would infringe on American citizens' constitutional right to keep and bear arms.

HB 3553, sponsored by freshman Democrat Terra Costa Howard, is a measure to stop the Second Amendment movement from building steam against the Leftist Progressive at the State Capitol – although many say it's too late. The movement is big and growing.

The bill is scheduled to be heard in the Illinois House's Judiciary – Criminal Committee Tuesday, March 19, at 5:00 PM. It says that a county or municipality "may not pass an ordinance or resolution restricting enforcement of any State law or regulation concerning the ownership or use of firearms unless permitted to do so under the express provisions of the law or regulation."

Effingham County board member Dave Campbell, who has been at the forefront of protecting Second Amendment rights with county resolutions, worked with his state's attorney to put together their county's Second Amendment resolution. Campbell was aware of the legislation being proposed to stop the resolutions, and was curious just how lawmakers would address Howard's bill.

"Will state lawmakers vote to uphold Second Amendment rights? Or will they vote against locals declaring sanctuaries against state policies while Chicago and Cook County oppose federal laws concerning illegal immigration?" Campbell asked Illinois Review.

The resolution passed by the Effingham County Board almost a year ago, says "if the Government of the State of Illinois shall infringe upon the inalienable rights granted by the Second Amendment, Effingham County shall become a 'sanctuary county' for all firearms unconstitutionally prohibited by the government of the State of Illinois, in that, Effingham County will prohibit its employees from enforcing the unconstitutional actions of the state government."

The measure addressed specifically several bills proposed in the 100th General Assembly, but its overall principles stand:

RESOLUTION of the COUNTY BOARD OF THE COUNTY OF EFFINGHAM, ILLINOIS

Resolution opposing the passage of HB1465, HB 1467, HB1468, HB1469, SB1657, any trailer bill, or any bill similar too, or any bill where the 100th Illinois General Assembly desires to restrict the Individual right of US Citizens as protected by the Second Amendment of the United States Constitution

WHEREAS, the Right of the People to Keep and Bear Arms is guaranteed as an Individual Right under the Second Amendment to the United States Constitution and under the Constitution of the State of Illinois, and;

WHEREAS, the Right of the People to Keep and Bear Arms for defense of Life, Liberty, and Property is regarded as an Inalienable Right by the People of Effingham County, Illinois, and:

WHEREAS, the People of Effingham County, Illinois, derive economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within Effingham County using all types of firearms allowable under the United States Constitution and;

WHEREAS, HB1465 is a violation of the 4th Amendment to the US Constitution requiring responsible persons under 21 to surrender lawfully owned firearms or face becoming instant felons; fails to define how to relinquish firearms; only allows possession at Sparta shooting complex, but fails to provide similar exemptions for recreational shooting at gun clubs, private ranges or under supervision of responsible adult or parent, unless certified as a firearms instructor;

WHEREAS, HB1467 is violation of the 4th Amendment to the US Constitution requiring persons to immediately relinquish lawfully owned bump stocks or trigger cranks, while also failing to provide where and how to relinquish firearms devices, thus creating instant felons upon passage;

WHEREAS, HB1468 contains broad and unclear definitions which will cause confusion amongst firearm owners and dealers as to which type of firearm is subject to 72 hour wait period; bans nonresidents from purchasing certain long guns defined loosely as assault weapons, puts dealers in jeopardy of unknowingly violating the law;

WHEREAS, HB1469 is violation of the 4th Amendment to the US Constitution requiring persons to immediately relinquish lawfully owned magazines, fails to provide how to properly relinquish banned magazines, creates instant felons if enacted as written, creates conflicts allowing for sale to out of state persons while stating possession is a felony, bans body armor worn as protection for those who employ the use of chain saws, motorcyclists, range officers and firearm instructors, shop owners and employees who work in dangerous neighborhoods or during night shifts;

WHEREAS, SB1657 and trailer bills will create economic hardship on lawfully owned and operated, small business firearm dealerships, in effect forcing them to close; will create undue burdens and price increases on persons to lawfully purchase firearms; will have a direct negative impact on local economies thru job loss and sales tax loss; will create another layer of burdensome government regulation on top of the heavy Federal regulations; imposes new fees on top of existing Federal license fees;

WHEREAS, Effingham County Board, being elected to represent the People of Effingham County and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of Illinois, and;

WHEREAS, the Illinois House of Representatives and the Illinois Senate, being elected by the People of the State of Illinois and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of Illinois, and;

WHEREAS, The Governor of Illinois, being elected to represent the People of the State of Illinois and being duly sworn by your Oath of Office to uphold the United States Constitution and the Constitution of the State of Illinois, and;

WHEREAS, proposed legislation, any bills similar to, under consideration by the Illinois State Legislature would infringe the Right to Keep and Bear Arms and would ban the possession and use of firearms, magazines, body armor now employed by individual citizens of Effingham County, Illinois, for defense of Life, Liberty and Property and would ban the possession and use of firearms now employed for safe forms of firearms recreation, hunting and shooting conducted within Effingham County, Illinois;

WHEREAS, the proposed legislation potentially violates the 5th Amendment failing to provide just compensation under the takings clause, 8th Amendment imposition against excessive fines and punishments on law abiding citizens by punitive forfeiture/relinquishment of lawfully owned property, and Ex Post Facto Law Clause of the United States Constitution.

NOW, THEREFORE, IT BE AND IS HEREBY RESOLVED that the People of Effingham County, Illinois, do hereby oppose the enactment of any legislation that would infringe upon the Right of the People to keep and bear arms and consider such laws to be unconstitutional and beyond lawful Legislative Authority.

BE IT FURTHER RESOLVED, that the Effingham County Board demands that the Illinois General Assembly cease further actions restricting the Right of the People to keep and bear arms, and hereby demand that the Governor of Illinois veto all such legislation which restricts the Right of the People to keep and bear arms.

BE IT FURTHER RESOLVED, that the Clerk of Effingham County is hereby directed to prepare and deliver certified copies of this Resolution to all members of the Illinois General Assembly and to the Office of the Governor.

BE IT FURTHER RESOLVED, that if the Government of the State of Illinois shall infringe upon the inalienable rights granted by the Second Amendment, Effingham County shall become a “sanctuary county” for all firearms unconstitutionally prohibited by the government of the State of Illinois, in that, Effingham County will prohibit its employees from enforcing the unconstitutional actions of the state government.

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Founded in 2005, Illinois Review is the leading perspective and source of conservative news, opinion and information in Illinois. Follow Illinois Review on X at @IllinoisReview.

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