Assault Weapons Ban, No FOID Under 21 In House Democrat Proposal

SPRINGFIELD, IL — A North Shore lawmaker who witnessed the Highland Park mass shooting has filed legislation that would ban guns like the one used on July 4 to shoot more than 50 paradegoers, seven fatally.

State Rep. Bob Morgan (D-Highwood) on Thursday introduced House Bill 5855, dubbed the Protect Illinois Communities Act. Lawmakers plan to hold hearings on the bill later this month ahead of a possible vote during January's lame-duck session.

"It’s time for Illinois to ban assault weapons. Today, we’re taking a big step toward that goal by introducing HB 5855," Morgan said in a social media post.

Morgan filed the legislation on the final legislative day of the 2022, less than five months after a shooter opened fire from a rooftop overlooking the Highland Park Independence Day parade, which the local lawmaker was attending with his family.

"Since the [July 4,] mass shooting, I’ve spent months meeting with victims, policy experts, community leaders and more," Morgan said. "Thanks to their feedback and perspectives, I’m confident that this comprehensive approach gets at the root of the gun violence epidemic and will save lives."

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House Bill 5855 defines "assault weapons" and bans various semiautomatic rifles, pistols and shotguns, magazines that hold more than 10 rounds, .50 caliber firearms and switches that are designed to increase a gun's rate of fire.

If approved, the bill would immediately forbid the sale of assault-style weapons. People who already own such weapons would have to register them between 80 and 300 days after the act takes effect and pay a $25 fee.

After that, the registered owner may transfer the weapon to an heir, a resident of another state who will keep it out of state or a licensed gun dealer.

The 70-page Protect Illinois Communities Act also restricts anyone under 21 from obtaining a gun license unless they are in the military, allows for prosecutors to act as a friend of the court when the state's "red flag law" is invoked, and bans "switches" designed to increase a gun's rate of fire.

Federal law already forbids such conversion devices, also known as "Glock switches," which prosecutors say transforms firearms into automatic weapons capable of firing multiple rounds with a single pull of the trigger.

People under 21 must either be active duty members of the military or the Illinois National Guard, or hunting under the supervision of a licensed gun owner.

The man awaiting trial in connection with the mass shooting was able to legally purchase two assault-style rifles, as well three other firearms, in June and July of 2020, thanks to his father, former Highland Park mayoral candidate and deli owner Bob Crimo.

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Crimo signed a form providing consent for his son — then-19 years old and recently the subject of a reported suicide attempt and threat to kill his family — to apply for a Firearm Owners Identification card, or FOID, from the Illinois State Police.

State police granted the request. The administration of Gov. J.B. Pritzker later implemented emergency rule changes aimed at retaining "clear and present danger" reports like the one that could have prevented the alleged shooter from being issued a gun license.

Under Illinois' existing firearm restraining order, or "red flag," law, only family members or law enforcement officers may file petitions asking a judge to have the person forbidden from buying or possessing a gun.

In the case of the accused Highland Park shooter, neither his family nor any officers from the Highland Park Police Department, Highwood Police Department or Lake County Sheriff's Office ever sought a restraining order forbidding him from gun ownership.

Joe Severino, the Republican congressional nominee who unsuccessfully challenged 10th District U.S. Rep. Brad Schneider in last month's election, accused Mayor Nancy Rotering of negligence, falsely suggesting she could have pursued a firearm restraining order herself, which prompted Schneider to demand an apology.

Past efforts to ban assault weapons in Illinois have had insufficient support for passage.

Democrats maintain supermajorities in both legislative chambers, and Gov. J.B. Pritzker has indicated he would support an assault weapons ban, but an assault weapons ban pending in the Senate remained 13 sponsors short of the number needed for passage despite gaining support after the mass shooting.

According to Gallup polling, support for stricter gun laws rose from 52 percent of adults in October 2021 to 66 percent following the May 24 massacre at an elementary school in Uvalde, Texas, before declining to 57 percent in a poll conducted through Oct. 20.

Highland Park and Highwood have had ordinances on the books defining assault weapons and banning their possession within city limits for nearly a decade. Those municipal assault weapons bans have been upheld by federal appellate courts and allowed to stand by the U.S. Supreme Court.

But in September, a Highland Park resident and a gun owners advocacy group filed a federal lawsuit in an attempt to get the ban overturned, citing a recent decision that invalidated New York's state gun law.

Attorneys for the city argued that the National Association for Gun Rights failed to show standing to sue, noting that it failed to specify whether any of its members live in the city, or whether lead plaintiff Susan Goldman is a member.

The local gun bans are being cited in a series of civil lawsuits filed in state court. Victims and their families have sued the man accused of carrying out the shooting, his father, gunmaker Smith & Wesson and the gun stores that sold the weapons allegedly used in the massacre.

Highland Park and Highwood residents — like the one suing the city — are permitted to own assault weapons as long as they do not possess them inside city limits. Nonetheless, the lawsuits accuse Kentucky firearm dealer Bud's Gun Shop and Lake Villa-based Red Dot Arms of negligence and "knowingly aiding and abetting" a violation of Highland Park's code of ordinances.

Earlier: State Rep. Bob Morgan To Chair Illinois House Gun Safety Working Group