99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5664
 
Introduced , by Rep. David Reis
 
SYNOPSIS AS INTRODUCED:



New Act

 Creates the 2nd Amendment Preservation Act. Provides that other than in compliance with an order of a court, notwithstanding any law, regulation, rule, or order to the contrary, no agency of this State, political subdivision of this State, or employee of an agency or political subdivision of the State acting in his or her official capacity shall:
(1) knowingly and willingly participate in any way in the enforcement of any federal Act, law, order, rule, or regulation issued, enacted, or promulgated on or after the effective date of the Act regarding a personal firearm, firearm accessory, or ammunition; or (2) utilize any assets, State funds, or funds allocated by the State to local entities on or after the effective date of the Act, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement or any investigation under the enforcement of any federal Act, law, order, rule, or regulation issued, enacted, or promulgated on or after the effective date of the Act regarding a personal firearm, firearm accessory, or ammunition. Provides that an agent or employee of the State or of any political subdivision of the State who knowingly violates the Act shall for a first violation be liable for a civil penalty not to exceed $3,000, which shall be paid into the State's General Revenue Fund. Provides that a second or subsequent violation is a Class C misdemeanor. Contains a severability provision. Effective immediately.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning the 2nd Amendment rights.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the 2nd 
5Amendment Preservation Act.

6 Section 5. Findings.
The General Assembly of the State of 
7Illinois finds:

8  (1) that the right to keep and bear arms is a 
9 fundamental individual right that shall not be infringed;

10  (2) that it is the intent of the General Assembly in 
11 enacting this Act to protect employees of this State, 
12 including law enforcement officers, from being directed, 
13 through federal executive orders, agency orders, statutes, 
14 laws, rules, or regulations enacted or promulgated on or 
15 after the effective date of this Act, to violate their oath 
16 of office and individual rights affirmed under the 2nd 
17 Amendment to the Constitution of the United States and 
18 Section 22 of Article 1 of the Constitution of the State of 
19 Illinois;

20  (3) that under and in furtherance of the principles of 
21 federalism enshrined in the Constitution of the United 
22 States, the federal government may not commandeer this 
23 State's officers, agents, or employees to participate in 
 
 
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1 the enforcement or facilitation of any federal program not 
2 expressly required by the Constitution of the United 
3 States;

4  (4) that this right to be free from the commandeering 
5 hand of the federal government has been most notably 
6 recognized by the United States Supreme Court in Printz v. 
7 United States, 521 U.S. 898 (1997), when the Court held: 
8 "The Federal Government may neither issue directives 
9 requiring the States to address particular problems, nor 
10 command the States' officers, or those of their political 
11 subdivisions, to administer or enforce a federal 
12 regulatory program."; and

13  (5) that the anti-commandeering principles recognized 
14 by the U.S. Supreme Court in Printz v. United States are 
15 predicated upon the advice of James Madison, who in 
16 Federalist number 46 advised "a refusal to cooperate with 
17 officers of the Union" in response to either 
18 unconstitutional federal measures or constitutional but 
19 unpopular federal measures.


20 Section 10. Prohibitions. 
21 Other than in compliance with an order of a court, 
22notwithstanding any law, regulation, rule, or order to the 
23contrary, no agency of this State, political subdivision of 
24this State, or employee of an agency or political subdivision 
25of this State acting in his or her official capacity shall:

 
 
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1  (1) knowingly and willingly participate in any way in 
2 the enforcement of any federal Act, law, order, rule, or 
3 regulation issued, enacted, or promulgated on or after the 
4 effective date of this Act regarding a personal firearm, 
5 firearm accessory, or ammunition; or
6  (2) utilize any assets, State funds, or funds allocated 
7 by the State to local entities on or after the effective 
8 date of this Act, in whole or in part, to engage in any 
9 activity that aids a federal agency, federal agent, or 
10 corporation providing services to the federal government 
11 in the enforcement or any investigation under the 
12 enforcement of any federal Act, law, order, rule, or 
13 regulation issued, enacted, or promulgated on or after the 
14 effective date of this Act regarding a personal firearm, 
15 firearm accessory, or ammunition.


16 Section 15. Penalties. 
17 (a) Any agent or employee of this State or of any political 
18subdivision of this State who knowingly violates the 
19prohibitions in Section 10 of this Act shall, on a first 
20violation, be liable for a civil penalty not to exceed $3,000, 
21which shall be paid into the General Revenue Fund, and on a 
22second or subsequent violation is guilty of a Class C 
23misdemeanor.

24 (b) A political subdivision of this State may not receive 
25State grant funds if the political subdivision adopts a rule, 
 
 
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1order, ordinance, or policy under which the political 
2subdivision violates Section 10 of this Act. State grant funds 
3for the political subdivision shall be denied for the fiscal 
4year following the year in which a final judicial determination 
5in an action brought under this Section is made that the 
6political subdivision has intentionally required actions which 
7violate the prohibitions in Section 10 of this Act.


8 Section 20. Severability. The provisions of this Act are 
9severable under Section 1.31 of the Statute on Statutes.


10 Section 99. Effective date. This Act takes effect upon 
11becoming law.