HomeMy WebLinkAboutORDINANCES-2015-006-O-15• 3/12/2015
Effective Date: April 5, 2015 1/2/2015
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AN ORDINANCE
Amending the Text of Title 9, Chapter 8, Weapons
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Legislative Statement.
At the time of passage of this Ordinance, the City of Evanston determined that
there is a need to revise firearm regulations following recent court rulings concerning
Second Amendment rights and new legislative action in the State of Illinois. The
Firearm Concealed Carry Act, Public Act 98-63 ("the Act"), effected significant changes
to firearm regulations. The City Council of the City of Evanston specifically notes its
disagreement with the language and effect of the home rule preemption provisions set
forth in that Act. While this state law concerning the licensing, possession and
registration of firearms indicates that it is the exclusive domain of the State, the City still
retains constitutional powers to regulate the location of firearm sales. The City is always
concerned for the safety and welfare of its residents, and is cognizant of recent court
rulings concerning Second Amendment rights, as well as the new legislative action in
the State of Illinois. This ordinance enactment compliments the City's ongoing
compliance with the Act, following the Act's adoption in 2013.
Article VII, Section (6)a of the Illinois Constitution of 1970 states that, "a home
0 rule unit may exercise any power and perform any function pertaining to its government
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• and affairs including, but not limited to, the power... to license." As a home rule unit, the
City of Evanston's powers shall be construed liberally. Scadron v. City of Des Plaines,
153 111.2d 164 (1992). This ordinance is presumed constitutional and the burden of
rebutting that strong presumption is on the party challenging the validity of the statute to
clearly demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 111.2d
296, 306 (2008). It is well -settled law in Illinois that the legislative judgment of the City
Council must be considered presumptively valid. Glenview State Bank v. Village of
Deerfield, 213 III.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the
constitutionality of a statute/ordinance when reasonably possible, and if a
statute's/ordinance's construction is doubtful, the court will resolve the doubt in favor the
statute's/ordinance's validity. Id. citing to People ex rel. Sherman v. Cryns, 203 111.2d
• 264, 291 (2003).
The City Council and City staff reviewed and considered comparable ordinances
from similarly situated jurisdictions regarding firearm regulations, as well as relevant
court precedent. The City Council finds that that there is a compelling governmental
interest in implementing reasonable regulations on firearms in the City under this
Ordinance to promote the health, safety, and welfare of City residents and visitors alike.
These regulations comply with the Act and recent court rulings.
The Local Government Committee to the delegates of the Sixth Illinois
Constitutional Convention found that,
home -rule powers are most urgently needed by larger municipalities in the
more highly urbanized areas of the state. Although the problems of urban
society affect many small localities, they are felt most intensely in larger
cities and villages. Dense concentrations of population and industry call
• for the creative use of flexible governmental powers to achieve and
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• maintain order, social justice and a satisfactory quality of life. (7 Record of
Proceedings, Sixth Illinois Constitutional Convention, 1628-29);
The Supreme Court of Illinois held that,
[t]he City of Evanston is a densely populated and highly urbanized
municipality... In accordance with the goals attempted to be achieved by
the creation of home rule, the local governing body can create an
ordinance specifically suited for the unique needs of its residents and is
keenly and uniquely aware of the needs of the community it serves... (City
of Evanston v. Create, Inc., 85 111.2d 101, 113-15); and
The United States Supreme Court in District of Columbia v. Heller found that the
right secured by the Second Amendment of the United States Constitution is not
unlimited. The modest burdens in this Ordinance, as an exercise of home rule authority,
do not effectively disarm individuals or substantially affect their ability to defend
themselves, and thus it is lawful under the intermediate scrutiny standard. Heller v.
District of Columbia ("Heller /Q, 670 F.3d 1244 (U.S. App DC 2011). The regulations
• on firearm sales and firearm ranges are constitutional under Heller II, as well as recent
federal court decisions issued in the Northern District of Illinois in case nos. 10 C 5135
and 10 C 04184. The regulations regarding acquisition, use, and firing of firearms
adjacent to sensitive places such as schools, places of worship, daycare facilities, or
residential zoning districts within the City, are constitutionally proper. Limiting sales of
firearms to firearm ranges creates an inextricable link between the acquisition of a
firearm, and the training necessary to ensure it is handled and used safely. Simply put,
this ordinance codifies that the purchase of a firearm should be linked to responsible
firearm training and safety, and enhances the welfare of the City. Lastly, space
requirements, noise levels, parking impacts, and City wide planning concerns are
legitimate impacts to consider, such. impacts which are considered for all proposed
• special uses in the City.
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0 The City Council held meetings in compliance with the provisions of the Illinois
Open Meetings Act, considered the, statements, points and authorities made in the
legislative Record, and received additional input from the public.
SECTION 2: Title 9, Chapter 8 of the Evanston City Code of 2012, as
amended, is hereby amended to read as follows:
Title 9, Chapter 8 - WEAPONS
9-8-1. - DEFINITIONS.
AMMUNITION.- Any self-contained cartridge or shotgun shell, by whatever name I
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known, which is designed to be used or adaptable to use in a
firearm; excluding, however:
............. . . .............. . .................... .. ......... .... .. .. ..
I(A) Any ammunition exclusively designed for use with a device
;used exclusively for signaling or safety and required by the United
lf
States Coast Guard or the Interstate Commerce Commission, or
•
- ----- - -------- --- ------- -------- - ----------------- ------- - - - - ------------ ---------- - -- ------ ------- ----------- - -- -- ---
'(B) Any ammunition designed exclusively for use with a stud or
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Tivet driver or other similar industrial ammunition.
p
(C) Any blank ammunition specifically designed to simulate gunfire
without expelling a projectile where used for sporting or theatrical
levents.
ANTIQUE :(A) Any handgun (including any handgun with a matchlock,
HANDGUN.- flintlock, percussion cap, or similar type of ignition system)
Emanufa
ctured on or before 1898, and
:(B) Any replica of any handgun described in Subsection (A) of this
'definition if such replica is not designed or redesigned for using
,ammunition.
ASSAULT (A) A semiautomatic rifle shall mean and include a rifle with a
WEAPON.- `detachable or fixed magazine with a capacity of fifteen (15) or more;
,rounds.
. .... ... ..... ... .. .......... ... .... ... ... . ............ ... ....... ... .. .... .. .. - ....... .............. . -
•
)(13) A semiautomatic handgun shall mean and include a handgun
with a detachable magazine and has one (1) or more of the
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.... .... ....... ..... ...... . ...... . ...... . . . . . . ............... ........ ... .. . ..... .. . .. ...
following-
• _
..... . . . .......... . ...... . . ..
.(1) Any feature capable of functioning as a protruding grip that can
be held by the non -trigger hand-
________________. ---- - - - ------------------ - --------------- ------ - - ------- - -------
!(2) A folding, telescoping or thumbhole stock-
. . . ........ ---------- _- - ------- - - -
A shroud attached to the barrel, or that partially or completely
enc
ircles the barrel, allowing the bearer to hold the firearm with the
:non -trigger hand without being burned, but excluding a slide that
encloses the barrel; or
:(4) The capacity to accept a detachable magazine at some location
:outside of the pistol grip.
�(C) A semiautomatic shotgun with a detachable magazine with a
:capacity of six (6) or more rounds.
....... .. . ...... - - --------- - - ---- -_ . . ...... ...... ........ . . . .. .... . .............. .... ......... .................. .... ............. .......... .... . . . .. . . ....... ......... ...... .. .....
`(D) Any shotgun with a revolving cylinder.
"(E) Firearms which have been modified to be operable as an
• :assault weapon as defined herein.
........ .. . ......... . ... .... ... ......... ___ .............. . ..........
:(F) Short barreled rifles with a barrel length of less than 16 inches.
"Assault weapon" does not include any firearm that has been made:
:permanently inoperable, is manually operated by bolt, pump, lever,
tor slide action, any muzzle -loading rifle, muzzle -loading shotgun, or�
:.;muzzle -loading pistol which is designed to use black powder or a
':black powder substitute and which cannot use fixed ammunition, or;
Isatisfies the definition of "antique firearm," as defined in this
iSection.
..................... . ... . ............ .. . - .......... . ...... . - - - _-_-
:CONCEALED Any loaded or unloaded handgun carried on or about a person
FIREARM 1completely or mostly concealed from view of the public or on or
about a person within a vehicle.
CURIO OR RELIC Any handgun which, as defined by 18 USC 921, as amended, by
HANDGUNS.- ;reason of its date of manufacture, value, design and/or other
characteristics is primarily a collector's item and is not likely to be
,used as a weapon.
•
..... .... - --------- .- ......... . ---------- ------------
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DE.._.. _...__..._.._ ..__ . ... _................... _ ......... _...... ... ........ __ ......... _...._................. ...._.... __........._.... ............ ................ ........ ..... ... ................... . _.......
TACHABLE Any ammunition feeding device, box, clip or drum, the function of
• MAGAZINE: ;which is to deliver one or more ammunition cartridges into the firing
,chamber, which can be removed from the firearm without the use of
€any tool, including a bullet or ammunition cartridge.
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:FIREARM. Any device, by whatever name known, which is designed to expel al,
projectile or projectiles by the action of an explosion, expansion of
gas or escape of gas; excluding, however-
'(A) Any pneumatic gun, spring gun, paintball gun, or BB gun which
expels a single globular projectile not exceeding 0.18 inches in
,diameter which has a maximum muzzle velocity of less than seven
'hundred feet (700') per second or breakable paintballs containing
washable marking colors.
__.............._._.........._..._._..._.._................ _.....
_ ._......._ ..... .__..._._.._.._...__...._ __...... ..... .... _........... ..__._..... __.............. ..._..._._......__.._....... ... ..........-_._............ __..... _.......
.....- - ._._..... -_
i(B) Any device used exclusively for signaling or safety and required
for recommended by the United States Coast Guard or the
!Interstate Commerce Commission.
(C) Any device used exclusively for the firing of stud cartridges,
;explosive rivets or similar industrial ammunition.
• M) An antique firearm (other than a machine gun) which, although
;designed as a weapon, the Illinois State Police finds by reason of
the date of its manufacture, value, design and other characteristics
Is primarily a collector's item and is not likely to be used as a
;weapon.
(E) Model rockets designed to propel a model vehicle in a vertical
:position.
•
(F) Any stun gun or taser.
:FIREARM Any person engaged in the business of sale or other transfer of
'DEALER: firearms, handguns or ammunition at wholesale or retail including
any person who is a pawnbroker.
-....._.._................. _.._...._... __.. __._......_....._..._.......__....... _.....
,HANDGUN: Any firearm which- a) is designed or redesigned or made or
remade, and intended to be fired while held in one (1) hand; or b)
having a barrel of less than ten (10) inches in length.
__ ........ __.............. _. _. _._.:_....... _._.._...._._._--__..--_..._--_..___............................_..-----.. __._.._...........__..._- ..--_. ........
.LICENSED Any person licensed as a collector by the Secretary of the Treasury;
FIREARM of the United States under and by virtue of Title 18, United States
IM.
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..... ........... . ........... ......
COLLECTOR.
. ...... .. .......... ......... . .. ....... . ..... ...... .. . ...... .......... ....
'Code, Section 923.
LICENSEE
A person issued a license to carry a concealed firearm under the
Illinois Firearm Concealed Carry Act, 430 ILCS 66/, et seq., as
iamended.
MUZZLE BRAKE:
A device attached to the muzzle of a weapon that utilizes escaping
gas to reduce recoil.
MUZZLE
A device attached to the muzzle of a weapon that utilizes escaping
COMPENSATOR.-
'gas to control muzzle movement.
PEACE OFFICER.-
Any person who by virtue of his/her office or public employment is
vested by law with a duty to maintain public order or to make
!arrests for offenses, whether that duty extends to all offenses or is
;limited to specific offenses.
....... ......
PERSON.-
... ... .. .. .............. .... ...... . .... . ......... .. .. ............. . . .... . . ........... .......... . ..... .......... - ..... ......... . .. ......... .........................
Any individual, corporation, company, association, firm,
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;partnership, club, society, organization, or joint stock company.
RIFLE.
A firearm designed, made or retrofitted (1) to be fired from the
Shoulder or hip- and (2) uses the energy of the explosive in a fixed
•
;cartridge to fire only a single projectile through a rifled bore for each;
Isingle pull of the trigger and shall include any such weapon which
;may be readily assembled, altered or restored to fire a fixed
cartridge.
SALE OR OTHER
Any sale, gift, exchange, loan, rental or other transfer of firearms,
TRANSFER.-
!handguns or ammunition but not including any of the following -
A) Acquisition of a handgun or ammunition or both as the
executor, administrator or other legal representative of a decedent'st
iestate- or
-----------
.... . ..... . ...... - .... ............ ...... ......... ...... ........ . . .... .......... .. . ........ . ......... . .... ...... . ................. .... ....... ----
(B) Transfer of a handgun or ammunition or both by bequest or
'intestate succession; or
Acquisition or transfer of a handgun or ammunition or both by a
trustee in bankruptcy in the administration of a bankrupt's estate" or
Return of a handgun or ammunition or both to a person, firm or
:corporation from whom it was received-, or
•
i(E) Transfer of a handgun or ammunition or both where it is
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:required by or in accordance with a judgment or decree of any
• ;court of lawful jurisdiction; or
_ (F) Transfer of a handgun or ammunition or both to any federal,
state or local government, or any department, agency, bureau,
'institution or commission thereof; or
'(G) Transfer of a handgun or ammunition or both to a private
'museum, society, institution or other private organization which
,customarily acquires and holds handguns or ammunition as curios
and relics or for scientific or research purposes; or to theatrical
:organizations providing a regular performance schedule to the '
,public and utilizing said handguns or ammunition only pursuant to
'Subsection 9-8-4(B)1. of this Chapter.
...... _._..... --........ ..._...- --- -- _..._..--._...------._.._.__..... --..... ---- ---
SEMI- A firearm which fires a single projectile for each single pull of the
AUTOMATIC: trigger which automatically inserts the next round for firing into the
firearm chamber using a magazine.
SHOTGUN. A firearm designed, made or retrofitted (1) to be fired from the
Shoulder or hip; and (2) uses the energy of the explosive in a fixed
Shotgun shell to fire a number of projectiles or a single projectile for
• :each pull of the trigger and shall include any such weapon which
may be readily assembled, altered or restored to fire a fixed
shotgun shell.
9-8-2. — CARRYING FIREARM OR HANDGUN; POSSESSION.
(A) No person shall carry on or about their person any handgun or firearm unless
they are in compliance with all State statutes and requirements. Persons who
carry concealed firearms shall comply with the Illinois Firearm Concealed
Carry Act, 430 ILCS 66/, et seq., as amended, and possess a current and valid
firearm owner's identification card issued by the State of Illinois.
(B) Persons who do not possess a valid Illinois Firearm Concealed Carry Act
license shall not possess any firearm or handgun in the City of Evanston if:
(1) He or she is under eighteen (18) years of age and said handgun is of a size
which may be concealed upon the person; or
(2) He or she is under twenty-one (21) years of age and has been convicted of
a felony or a misdemeanor other than a minor traffic offense or
adjudged delinquent for a misdemeanor or felony; or
(3) He or she is addicted to, or habitually uses, a controlled substance; or
• (4) He or she has been a voluntary or involuntary patient in a psychiatric facility
within the past five (5) years; or
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(5) He or she has been diagnosed with a mental illness or condition and, as a
• result of that illness or condition, may be prone to display aggressive,
dangerous, or threatening behavior, or as a result of that illness or
condition is unable to appreciate the responsibility inherent in handgun
possession or
(6) Does not have within his or her possession a valid Illinois Firearm Owner's
Identification Card.
9-8-3. - FIREARM DEALERS ONLY PERMITTED AT LICENSED FIREARMS RANGE
No person, firm or corporation shall engage in the business of a dealer in firearms or
handguns or ammunition in the City, including exchange, loan, rental or other transfer
for consideration, unless such dealer is located within a licensed firearms range. No
such licensed firearms range shall be located in any district but an 11, 12, or 13 zoning
district. Any such range shall only be licensed as a special use and shall not be located
within 350 feet of any R1, R2, R3 district, or within 350 feet of any school, child daycare
facility, or public park, as measured from lot line to lot line. This subsection shall not
apply to the sale, exchange, or transfer of firearms, handguns, or ammunition by and
between City of Evanston peace officers.
9-8-4. - DISCHARGE OF FIREARMS.
(A) No person shall fire or discharge without legal justification under the laws of
the State of Illinois any handgun, firearm, or antique firearm within the
corporate limits of the City, unless within a licensed firearms range or firearms
range operated by the City of Evanston Police Department.
(B) Exempt from Subsection (A) of this Section are:
1. Members of established theater organizations located in Evanston and
performing a regular performance schedule to the public who utilize
firearms only during rehearsals, classes or performances with only
blank firearms or ammunition pursuant to Subsection 9-8-5(A)12. of this
Chapter.
2. Members of established film production organizations having prior written
approval from the City Manager or his/her designee to conduct their
activities in the City, during the period of such approval pursuant to
Subsection 9-8-5(A)13. of this Chapter.
3. Persons utilizing a "starter" handgun solely capable of firing blank
ammunition during an athletic event sponsored by a publicly or privately
owned educational institution located in Evanston pursuant to
Subsection 9-8-5(A)14. of this Chapter.
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• 9-8-5. - GENERAL EXEMPTIONS.
(A) Subsection 9-8-2 of this Chapter shall not apply to or affect the following:
1. Peace officers.
2. Persons, who in the performance of their official duties as defined by Illinois
or federal law or Evanston ordinances are required to carry handguns.
3. Retired peace officers in compliance with the requirements of the "Law
Enforcement Officers Safety Act" of 2004, 18 USC 926(c), as amended.
4. Wardens, superintendents and keepers of prisons, penitentiaries, jails and
other institutions for the detention of persons accused or convicted of an
offense.
5. Members of the Armed Services or Reserve Forces of the United States or
the Illinois National Guard, while in the performance of their official
duties.
6. Any person summoned by any peace officer to assist in making arrests or
preserving the peace while that person is actually engaged in assisting
such officer and if such handgun was provided by the peace officer or
was otherwise legally possessed under this Chapter.
7. Special agents employed by a railroad or a public utility to perform police
functions; guards of armored car companies, watchmen while actually
• engaged in the performance of their duties of employment and security
guards actually and regularly employed in commercial or industrial
operation for the protection of persons employed and private property
related to such commercial or industrial operation, provided said
security guards are in compliance with 720 ILCS 5/24-2(a)(6), as
amended, relating to registration, training, and other requirements
imposed by the Illinois Department of Professional Regulation, while
actually engaged in the performance of the duties of their employment
or commuting between their homes and places of employment.
8. Agents and investigators of the Illinois Legislative Investigating Commission
authorized by the Commission to carry handguns.
9. Gun collectors, licensed by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, within the confines of their permanent residence.
10. A person who possesses an antique handgun within the confines of their
permanent residence.
11. Transportation of firearms or handguns that:
i. Are broken down in a nonfunctioning state; or
ii. Are not immediately accessible, or
iii. Are unloaded and enclosed in a case, firearm carrying box, shipping
box, or other container by a person who has been issued a
currently valid Firearm Owner's Identification Card.
• 12. An established theater, provided it maintains possession and control of
handguns in a safe place, under control of the designated armorer, at all
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• times when they are not being used for rehearsals, performances, or
class purposes on the theater premises; and members of theatrical
casts and crews while such persons are using said handgun on the
theater premises.
13. An established film production organization, provided it has prior written
approval from the City Manager or his/her designee to conduct its
activities in the City, and provided that the use of the handgun was
disclosed in the request for approval, and is used in accordance with
any requirements imposed in the approval including, but not limited to,
maintaining possession and control in a safe place under control of the
designated armorer at all times when not in use for rehearsals or
filming.
14. Persons utilizing a "starter" handgun solely capable of firing blank
ammunition during an athletic event sponsored by a publicly- or
privately -owned educational institution located in Evanston.
15. Persons who qualify for exceptions under the Illinois Firearm Owner's
Identification Card Act that are not otherwise specified herein.
(B) To qualify for the exemptions of Subsections (A)9., (A)10., (A)12., and (A)13.
of this Section, persons so defined shall be registered with, and approved by,
the Evanston Police Department.
• 9-8-6. - PENALTY.
(A) Any person violating Section 9-8-2 of this Chapter shall be guilty of a
misdemeanor and shall be fined not less than one thousand five hundred
dollars ($1,500.00) and/or incarcerated for up to six (6) months for each
offense.
(B) Upon a finding of a violation of Section 9-8-2 of this Chapter, any handgun
seized shall be confiscated by the trial court and when no longer needed for
evidentiary purposes, the court shall transfer such handgun to the City Police
Department who shall destroy it. .
(C) Any person violating any provision of this Chapter for which a penalty is not
provided for shall be fined seven hundred fifty dollars ($750.00).
9-8-7. - VOLUNTARY DELIVERY TO POLICE DEPARTMENT.
(A) If a person voluntarily and personally delivers and abandons to the Evanston
Police Department any handgun, such delivery shall preclude the arrest and
prosecution of such person on a charge of violating any provision of this
Chapter with respect to the handgun voluntarily delivered. Delivery under this
Section shall be made by summoning a police officer. Every handgun to be
• delivered and abandoned to the police department under this Subsection shall
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be unloaded and in open view. No person who delivers and abandons a
• handgun under this Section shall be required to furnish identification,
photographs or fingerprints. No amount of money shall be paid for any
handgun delivered or abandoned under this Subsection.
(B) Whenever any handgun is surrendered under this Section, the Police
Department shall determine whether such handgun is needed as evidence or
warrants further investigation and if the same is not needed as evidence, it
shall be destroyed.
9-8-8. - GUN BUY BACK PROGRAM.
Notwithstanding anything to the contrary in this Chapter or this Code, the Police
Department may conduct a "gun buy back program" pursuant to authorization of the
City Council whereby, in exchange for appropriate consideration, persons may
voluntarily surrender any handgun. A person voluntarily delivering and abandoning a
handgun to the Evanston Police Department pursuant to a gun buy back program
authorized by the City Council shall deliver the handguns in the manner provided for in
Subsection 9-8-7(A) of this Chapter and shall be afforded the protections provided for
therein.
9-8-9. - DISPOSITION OF HANDGUNS.
• (A) All handguns ordered confiscated by the court under the provisions of
Subsection 9-8-6(B) of this Chapter and all handguns received by the
Evanston Police Department under and by virtue of Subsection 9-8-7(A) and
Section 9-8-8 of this Chapter, shall be held and identified as to owner, where
possible, by the Evanston Police Department, for a minimum of two (2) years
prior to their being destroyed.
9-8-10. - CONSTRUCTION.
Nothing in this Chapter shall be construed or applied to necessarily require or excuse
noncompliance with any provision of the laws of the State of Illinois or to the laws of the
United States. This Chapter and the penalties prescribed.for violation hereof, shall not
supersede, but shall supplement all statutes of the State of Illinois or of the United
States in which similar conduct may be prohibited or regulated.
9-8-11. - RULES AND REGULATIONS.
The Evanston Chief of Police shall have the authority to promulgate rules, procedures,
and regulations to enforce the provisions of this Chapter.
9-8-12. - FEES.
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The Evanston Police Department shall assess a processing fee of fifty dollars ($50.00)
• for each exemption application.
9-8-13. - SEVERABILITY.
If any provision of this Chapter or the application thereof to any person or circumstance
is held invalid, the remainder of this Chapter and the applicability of such provision to
any other persons not similarly situated or to other circumstances shall not be affected
thereby.
9-8-14. - ASSAULT WEAPONS; SALE AND POSSESSION PROHIBITED;
EXCEPTIONS.
(A) No person, in the City of Evanston, shall sell, offer or display for sale, give,
lend, transfer ownership of, own, possess or carry any assault weapon. This
subsection shall not apply to-
(1) The sale or transfer to, or possession by any peace officer, corrections
officer, members of the armed forces of the United States; or the
organized militia of this or any other state; to the extent that any such
person is otherwise authorized to acquire or possess an assault
weapon, and is acting within the scope of his/her duties;
. (2) A gun collector, within the confines of his/her permanent residence, who
pursuant to Title I of the Gun Control Act of 1968 and all regulations
issued thereunder, is the holder of a nontransferable license by the U.S.
Department of Justice Bureau of Alcohol, Tobacco, Firearms and
Explosives.
(3) Transportation of assault weapons if such weapons are broken down and in
a nonfunctioning state and are not immediately accessible to any
person.
(B) Any person violating this Section shall be guilty of a misdemeanor and shall be
fined not less than one thousand five hundred dollars ($1,500.00) and/or
incarcerated for up to six (6) months for each offense.
9-8-15. - CONFISCATION AND DISPOSITION OF ASSAULT WEAPONS.
(A) Any assault weapon possessed, sold or transferred in violation of Section 9-8-
14 is hereby declared to be contraband and shall be seized and disposed of.
Whenever any assault weapon is surrendered or confiscated pursuant to this
Section, the Evanston Police Department shall determine whether such
assault weapon is needed as evidence or warrants further investigation and if
the same is not needed as evidence, it shall be destroyed.
(B) A record of the date and method of destruction [of] the assault weapon so
• destroyed shall be maintained.
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SECTION 3: All ordinances or parts of ordinances in conflict herewith
• are hereby repealed.
SECTION 4: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
.without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
SECTION 6: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
•
Introduced:,� , 2015 Approved:
Adopted: ��� 10� `) , 2015 2015
Eli a eth B. Tisdahl, Mayor
•
Attest: Approved as to form:
R ney Gree City Clerk W. Grant Farrar, Corpol'a'tion Counsel
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