City of Peoria - File #: 14-381

• File #: 14-381
• Version: 3
• Type: Ordinance
• Status: Adopted
• File created: 9/3/2014
• In control: City Council
• On agenda: 10/14/2014
• Final action: 10/14/2014
• Title: Communication from the City Manager and the Corporation Counsel with a Request to ADOPT an ORDINANCE Repealing Division 2 of Article VI of CHAPTER 20 of the CODE of the City of Peoria Regarding CONCEALABLE DEADLY WEAPONS.
• Sponsors: Sonni Williams

Date	Ver.	Action By	Action	Result
10/14/2014	3	City Council	adopted	Pass
9/9/2014	1	City Council	received and filed	Pass

ACTION REQUESTED:  

Title

Communication from the City Manager and the Corporation Counsel with a Request to ADOPT an ORDINANCE Repealing Division 2 of Article VI of CHAPTER 20 of the CODE of the City of Peoria Regarding CONCEALABLE DEADLY WEAPONS.

Body

BACKGROUND:  

After two key holdings from the U.S. Supreme Court regarding the 2^nd Amendment right to bear arms conflicting with blanket bans on handguns, the U.S. 7^th Circuit Court of Appeals held in Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012), that the Illinois' ban on carrying concealed handguns was unconstitutional. In response to the mandate by the 7^th Circuit Court of Appeals, the Illinois General Assembly enacted the Firearm Concealed Carry Act, 430 ILCS 66/1, et seq., which established a system for the issuance of concealed carry permits and required the Illinois State Police to process applications for conceal carry permits starting in 2014.

The Code of the City of Peoria, specifically Division 2 of Article VI of Chapter 20, pertaining to the regulations and licensing of the sale and use of concealable weapons including handguns, has not been utilized by the City's Police Department in years. But in order to be fully compliant with the Illinois Firearm Concealed Act, staff recommends that the City Council adopt the Ordinance repealing Division 2 of Article VI of Chapter 20 of the City Code. The business of the sale of firearms and other deadly weapons is already regulated by the State and appropriate Federal agencies.

The Ordinance was brought up for first reading at the City Council meeting on September 9, 2014, and there were no objections or comments from the members of the City Council.

FINANCIAL IMPACT:  Not applicable.

NEIGHBORHOOD CONCERNS: Not applicable.

IMPACT IF APPROVED: The City will be in compliance with the Illinois Firearm Concealed Carry Act.

IMPACT IF DENIED:  The City will not be in compliance with the Illinois Firearm Concealed Carry Act and may be subject to a lawsuit threatened by the Illinois State Rifle Association.

ALTERNATIVES: None.

EEO CERTIFICATION NUMBER: Not applicable.

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

1. Not applicable.      

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

1. Not applicable.      

DEPARTMENT: Legal