The Illinois House Just Passed a Sweeping Assault Weapons Ban Bill. Here’s What HB5855 Says, and What Happens Next – NBC Chicago

Hours after more than 100 gun safety supporters descended on Springfield, of the Illinois House of Representatives overnight passed a historic and sweeping piece of gun legislation that, among other things, would ban the sale, manufacture, delivery and purchase of assault weapons ban across the state.

“We know that this topic is contentious,” Emanuel “Chris” Welch, Speaker of the Illinois House said while introducing the bill Thursday. “We also may not all agree on the solutions being presented. But what we do know is that gun violence is impacting communities in every single corner of this state.”

The 64 to 43 vote on the 77-page HB5855, known as the “Protect Illinois Communities Act,” occurred around midnight, with Republican state Rep. Jim Durkin voting in favor of the bill.

“They have no sporting use,” Rep. Durkin said, during the vote. “They have no target use. Their only purpose is killing people. And I don’t see a justification for that.”

Earlier in the day, the Capitol saw a rally from gun safety groups, faith leaders and survivors of gun violence, hoping to make their voices heard in support of the bill.

“Weapons of war have no place on our streets, and it’s long past time that our legislators take action to save lives,” said Pastor T. Ray McJunkins of Union Baptist Church in Springfield. “I’m proud to stand with advocates from across the state to make our voices heard in support of the Protect Illinois Communities Act. We shouldn’t let another day go by without passing this critical legislation.”

The bill’s chief sponsor, Highland Park representative Bob Morgan — who was an eyewitness to the tragic shooting at the Fourth of July parade in suburban Highland Park earlier this year — said it “filled his heart” to see supporters gathered in the lobby of the Capitol.

“This passage by the House is a monumental step, and all the activists, organizers and survivors who have flooded this building with their advocacy should be proud of this achievement,” Morgan said in a statement, after the vote. “This is your victory. We aren’t done yet–but this legislative action represents serious progress on the road to full passage.”

Highland Park City Attorney Steven Elrod says that while the community does have an assault weapons ban on the books, the fact that no such statewide ban exists makes it difficult for such measures to be effective.

“A ban can only be as effective as the least-impactful ordinance statute of a neighboring city or state,” he said.

What’s Included in the Bill?

Prior to the vote, a report from CapitolFax says some last-minute changes were made to the bill, including allowing the legal age of gun ownership to remain at 18, and adjusting the high-capacity magazine ban to kick in at 12 rounds instead of 10.

Here’s a break down of what the bill says, and what’s included.

Bans Assault Weapons and Extended Magazines

The legislation would make it illegal to manufacture, deliver, sell or purchase any assault weapon in the state of Illinois. It would also make it illegal to possess such a weapon 300 days after the final passage of the bill.

A full list of weapons classified as “assault weapons” can be found within the text of the bill.

The bill also makes it illegal to own, purchase or possess .50 caliber rifles and cartridges, but there is language in the bill that allows owners who currently have such weapons to keep them.

Individuals who already own weapons that fall under the “assault weapons” definition must register those guns with the Illinois State Police between 80 and 300 days after final passage of the bill. A $25 fee will also be assessed.

Residents also many not purchase or possess magazines that can hold more than 12 rounds, and the bill also bans the sale or purchase of “switches,” which can increase a weapon’s rate of fire.

Those switches are technically already banned under federal law.

According to Speaker Welch, the legislation would not remove guns from people who already own them.

“If this bill were to become law, I want to be clear about something. Because we’re going to probably hear a lot about that in debate later. If this bill were to become law, there will be no removal of these weapons from people who already own them. It’s important to highlight that we are not taking any guns away from lawful gun owners.”

Allows Prosecutors to Seek the Revocation of Gun Ownership From Those Who Trigger “Red Flag” Laws

If an individual could potentially be required to turn over weapons or be prohibited from purchasing or owning weapons, under terms of the state’s “red flag” laws, then prosecutors can now act as “friends of the court” within those processes.

Previously, only family members or law enforcement agents could utilize “red flag” laws to compel turnover of, or prevent the sale of, weapons.

As currently constructed, the “red flag” law allows family members or law enforcement agents to petition courts to temporarily remove firearms from individuals who pose a danger to themselves or to others.

Currently, those restraining orders can last for six months, but the bill would extend that period to 12 months.

“Red flag” laws came under intense scrutiny in the aftermath of the Highland Park shooting, as the alleged shooter was able to purchase multiple weapons despite having threatened violence against his family, and also threatened to harm himself.

The suspect’s father signed a document allowing him to purchase weapons, and law enforcement agents did not move to revoke his weapons.

You can find the full text of the bill here.

What Happens Next?

With Democratic super majorities in the Illinois House and Senate, the bill now heads to the Senate, where its expected to pass. Legislators in the Senate are expected to debate the measure Friday, with the hope that a vote will take place before the 103rd General Assembly is sworn in next week.

In a statement, Illinois Gov. Pritzker said he will sign the bill if it reaches his desk.

“I look forward to working our colleagues in the Illinois Senate to get bills addressing these issues to my desk so I can sign them as soon as possible,” the statement read in part.