2013-07-15 - Ordinance 2013-033 - BANNING ASSAULT WEAPONS7/15/2013
ORDINANCE NO. 2013-33
AN ORDINANCE BANNING ASSAULT WEAPONS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Constitution of the United States of America and the Constitution of the
State of Illinois afford certain protections related to the ownership of firearms; and
WHEREAS, in District of Columbia v. Heller, 554 U.S. 570, the United States Supreme
Court recognized that the Constitutional protections related to firearm ownership is not
unlimited, and can be subject to certain types of governmental regulations; and
WHEREAS, in its Heller decision, the United States Supreme Court specifically
acknowledged that the protections afforded by the Second Amendment to the Constitution of the
United States does not extend to all types of firearms and further explicitly recognized a
historical and long- standing tradition of firearms regulations prohibiting a category of
"dangerous and unusual weapons" that are "not typically possessed by law - abiding citizens for
lawful purposes "; and
WHEREAS, many courts throughout the nation have upheld local regulations restricting
or prohibiting the ownership or possession of assault weapons, including, without limitation, the
State of Illinois Appellate Court, the United States District Court for the District of Columbia,
and the Court of Appeals for the State of California; and
WHEREAS, several United States Courts of Appeals have addressed "dangerous and
unusual" weapons including: United States v. Henry, 688 F. 3d 637 (9th Cir. 2012) (machine
guns are highly "dangerous and unusual weapons" that are not "typically possessed by law -
abiding citizens for lawful purposes" and therefore the Second Amendment does not apply to
machine guns); United States v. McCartney, 357 Fed. Appx. 73 (9th Cir. 2009) (Second
Amendment did not protect the right to possess machine guns, silencers, grenades and directional
mines); United States v. Fincher, 538 F. 3d 868, 870 (8th Cir.2008) (machine gun and sawed -off
shotgun not protected by the Second Amendment because they were not in common use by law
abiding citizens for lawful purposes); and United Stated v. Dempsey, 957 F. 2d 831, 834 (11th
Cir. 1992) (pipe bombs had no legitimate purpose and, therefore, were not protected by the
Second Amendment); and
WHEREAS, recent incidents in Aurora, Colorado; Newtown, Connecticut; Tucson,
Arizona; and Santa Monica, California demonstrate that gun violence is not limited to urban
settings, but is also, tragically, a reality in many suburban and small town locations as well; and
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WHEREAS, the Village Board has determined that assault weapons are not traditionally
used for self - defense in the Village of Buffalo Grove, and that such weapons pose an undue
threat to public safety to residents, property owners, and visitors within the Village of Buffalo
Grove; and
WHEREAS, the Village encourages the Governor and the Illinois General Assembly to
enact statewide legislation regarding the sale and possession of assault weapons; and
WHEREAS, to date, the State has failed to enact a statewide ban on the sale or
possession of assault weapons; and
WHEREAS, on May 31, 2013, the Illinois General Assembly approved House Bill 183,
as amended, which Bill contains a provision that would preempt the home rule authority of the
Village to regulate the possession or ownership of assault weapons, unless the Village enacts an
ordinance on, before, or within 10 days after the effective date of House Bill 183 being signed
into law; and
WHEREAS, pursuant to the home rule powers of the Village, and in order to protect
both the home rule authority of the Village and the public safety and welfare of its residents, the
President and Board of Trustees desire to amend the Buffalo Grove Municipal Code to prohibit
the manufacture, sale, ownership, acquisition, or possession of assault weapons within the
Village; and
WHEREAS, the President and Board of Trustees have determined that it will serve and
be in the best interest of the Village and its residents to amend the Buffalo Grove Municipal
Code pursuant to this Ordinance;
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove further
find that the County of Cook already prohibits the manufacturing, sale, offering or displaying for
sale, giving, lending, transferring ownership of, acquiring or possessing any assault weapon
within its jurisdiction; and
WHEREAS, the Village of Buffalo Grove is located in both the County of Cook and the
County of Lake.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND
LAKE COUNTIES, ILLINOIS, PURSUANT TO ITS HOME RULE AUTHORITY, as
follows:
SECTION 1: The foregoing Whereas clauses are hereby incorporated herein and made a part
of this Ordinance as the findings of the President and Board of Trustees.
SECTION 2: Chapter 9.92 is added to the Buffalo Grove Municipal Code, to read as follows:
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Sections:
C
Chapter 9.92
ASSAULT WEAPON BAN
9.92.010 Definitions.
9.92.020 Assault weapons; sale prohibited; exceptions.
9.92.030 Destruction of weapons confiscated.
9.92.010 Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
A. "Assault weapon" means a machinegun which is defined as any weapon which
shoots, is designed to shoot, or can be readily restored to shoot, automatically more
than one shot, without manual reloading, by a single function of the trigger.
B. "Assault weapon" does not include any firearm that has been made permanently
inoperable.
9.92.020 Assault weapons; sale prohibited; exceptions.
A. No person shall manufacture, sell, offer or display for sale, give, lend, transfer
ownership of, acquire or possess any assault weapon. This subsection shall not
apply to:
(1) The sale or transfer to, or possession by any officer, agent, or employee of
the Village of Buffalo Grove or any other municipality or state or of the
United States, members of the armed forces of the United States; or the
organized militia of this or any other state; or peace officers to the extent
that any such person named in this subsection is otherwise authorized to
acquire or possess an assault weapon and does so while acting within the
scope of his or her duties;
(2) 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 assault weapon possessed, sold or transferred in violation of Subsection A of
this Section is hereby declared to be contraband and shall be seized and disposed
of in accordance with the provisions of Section 9.92.030.
C. Any person found in violation of this Section shall be fined not less than $500.00
and not more than $1,000.00 for each violation.
D. Any person who, prior to the effective date of the Ordinance codified in this
Section, was legally in possession of an assault weapon prohibited by this Section
shall have 90 days from the effective date of the Ordinance to do any of the
following without being subject to prosecution hereunder:
(1) To remove the assault weapon from within the limits of the Village of
Buffalo Grove; or
(2) To modify the assault weapon either to render it permanently inoperable or
to permanently make it a device no longer defined as an assault weapon;
or
(3) To surrender the assault weapon to the Village Chief of Police or his
designee for disposal as provided below.
Section 9.92.030 Destruction of weapons confiscated.
A. Whenever any assault weapon is surrendered or confiscated pursuant to the terms
of this Chapter, the Village Chief of Police shall ascertain whether such assault
weapon is needed as evidence in any matter.
B. If such assault weapon is not required for evidence it shall be destroyed at the
direction of the Village Chief of Police. A record of the date and method of
destruction and inventory of the assault weapon so destroyed shall be maintained.
SECTION 3: To the extent that the Cook County Ordinance would be deemed to be in effect at
this time, this Ordinance is not intended to supersede or supplant the County of Cook regulations
on assault weapons within the Village's jurisdiction. To the extent that this Ordinance does
create a conflict with said County of Cook regulations then the Cook County Ordinance will
control in the Cook County portion of the Village. To the extent that the Cook County Ordinance
would not be deemed to be in effect this Ordinance is not intended to, and shall not cause, the
Cook County Ordinance to come into effect.
SECTION 4: Should any Section or provision of this Ordinance be declared invalid by a court
of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole
or any part thereof other than the part declared to be invalid.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval and publication. This Ordinance may be published in pamphlet form.
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AYES: 4 - Sussman, Stein, Ottenheimer, Braiman
NAYES: 3 - Berman, Trilling, Terson
ABSENT: 0 - None
PASSED: July 15 .2013.
APPROVED: July 15 , 2013.
PUBLISHED: July 16 , 2013.
ATTEST:!
Village Clerk
Tressler \Park Ridge\ #98982 \ordn
5
STATE OF ILLINOIS) ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois. I further
certify that on July 15, 2013, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2013 -33, AN ORDINANCE
BANNING ASSAULT WEAPONS IN THE
VILLAGE OF BUFFALO GROVE, ILLINOIS, a
copy of such Ordinance was posted in and at the
Village Hall, commencing on July 16, 2013 and
continuing for at least ten days thereafter. Copies of
such Ordinance were also available for public
inspection upon request in the Office of Village
Clerk.
Dated at Buffalo Grove, Illinois, this 16th day of
July, 2013.
pillage Clerk
C 04k �aQ
By
7/15/2013
ORDINANCE NO. 2013-33
AN ORDINANCE BANNING ASSAULT WEAPONS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Constitution of the United States of America and the Constitution of the
State of Illinois afford certain protections related to the ownership of firearms; and
WHEREAS, in District of Columbia v. Heller, 554 U.S. 570, the United States Supreme
Court recognized that the Constitutional protections related to firearm ownership is not
unlimited, and can be subject to certain types of governmental regulations; and
WHEREAS, in its Heller decision, the United States Supreme Court specifically
acknowledged that the protections afforded by the Second Amendment to the Constitution of the �.
United States does not extend to all types of firearms and further explicitly recognized a
historical and long- standing tradition of firearms regulations prohibiting a category of
"dangerous and unusual weapons" that are "not typically possessed by law- abiding citizens for
lawful purposes "; and
WHEREAS, many courts throughout the nation have upheld local regulations restricting
or prohibiting the ownership or possession of assault weapons, including, without limitation, the
State of Illinois Appellate Court, the United States District Court for the District of Columbia,
and the Court of Appeals for the State of California; and
WHEREAS, several United States Courts of Appeals have addressed "dangerous and
unusual" weapons including: United States v. Henry, 688 F. 3d 637 (9th Cir. 2012) (machine
guns are highly "dangerous and unusual weapons" that are not "typically possessed by law -
abiding citizens for lawful purposes" and therefore the Second Amendment does not apply to
machine guns); United States v. McCartney, 357 Fed. Appx. 73 (9th Cir. 2009) (Second
Amendment did not protect the right to possess machine guns, silencers, grenades and directional
mines); United States v. Fincher, 538 F. 3d 868, 870 (8th Cir.2008) (machine gun and sawed -off
shotgun not protected by the Second Amendment because they were not in common use by law
abiding citizens for lawful purposes); and United Stated v. Dempsey, 957 F. 2d 831, 834 (11th
Cir. 1992) (pipe bombs had no legitimate purpose and, therefore, were not protected by the
Second Amendment); and
WHEREAS, recent incidents in Aurora, Colorado; Newtown, Connecticut; Tucson,
Arizona; and Santa Monica, California demonstrate that gun violence is not limited to urban
settings, but is also, tragically, a reality in many suburban and small town locations as well; and
1
WHEREAS, the Village Board has determined that assault weapons are not traditionally
used for self - defense in the Village of Buffalo Grove, and that such weapons pose an undue
threat to public safety to residents, property owners, and visitors within the Village of Buffalo
Grove; and
WHEREAS, the Village encourages the Governor and the Illinois General Assembly to
enact statewide legislation regarding the sale and possession of assault weapons; and
WHEREAS, to date, the State has failed to enact a statewide ban on the sale or
possession of assault weapons; and
WHEREAS, on May 31, 2013, the Illinois General Assembly approved House Bill 183,
as amended, which Bill contains a provision that would preempt the home rule authority of the
Village to regulate the possession or ownership of assault weapons, unless the Village enacts an
ordinance on, before, or within 10 days after the effective date of House Bill 183 being signed
into law; and
WHEREAS, pursuant to the home rule powers of the Village, and in order to protect
both the home rule authority of the Village and the public safety and welfare of its residents, the
President and Board of Trustees desire to amend the Buffalo Grove Municipal Code to prohibit
the manufacture, sale, ownership, acquisition, or possession of assault weapons within the
Village; and
WHEREAS, the President and Board of Trustees have determined that it will serve and
be in the best interest of the Village and its residents to amend the Buffalo Grove Municipal
Code pursuant to this Ordinance;
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove further
find that the County of Cook already prohibits the manufacturing, sale, offering or displaying for
sale, giving, lending, transferring ownership of, acquiring or possessing any assault weapon
within its jurisdiction; and
WHEREAS, the Village of Buffalo Grove is located in both the County of Cook and the
County of Lake.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND
LAKE COUNTIES, ILLINOIS, PURSUANT TO ITS HOME RULE AUTHORITY, as
follows:
SECTION 1: The foregoing Whereas clauses are hereby incorporated herein and made a part
of this Ordinance as the findings of the President and Board of Trustees.
SECTION 2: Chapter 9.92 is added to the Buffalo Grove Municipal Code, to read as follows:
2
Chapter 9.92
ASSAULT WEAPON BAN
Sections:
9.92.010 Definitions.
9.92.020 Assault weapons; sale prohibited; exceptions.
9.92.030 Destruction of weapons confiscated.
9.92.010 Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
A. "Assault weapon" means a machinegun which is defined as any weapon which
shoots, is designed to shoot, or can be readily restored to shoot, automatically more
than one shot, without manual reloading, by a single function of the trigger.
B. "Assault weapon" does not include any firearm that has been made permanently
inoperable.
9.92.020 Assault weapons; sale prohibited; exceptions.
A. No person shall manufacture, sell, offer or display for sale, give, lend, transfer
ownership of, acquire or possess any assault weapon. This subsection shall not
apply to:
(1) The sale or transfer to, or possession by any officer, agent, or employee of
the Village of Buffalo Grove or any other municipality or state or of the
United States, members of the armed forces of the United States; or the
organized militia of this or any other state; or peace officers to the extent
that any such person named in this subsection is otherwise authorized to
acquire or possess an. assault weapon and does so while acting within the
scope of his or her duties;
(2) 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 assault weapon possessed, sold or transferred in violation of Subsection A of
this Section is hereby declared to be contraband and shall be seized and disposed
of in accordance with the provisions of Section 9.92.030.
C. Any person found in violation of this Section shall be fined not less than $500.00
and not more than $1,000.00 for each violation.
D. Any person who, prior to the effective date of the Ordinance codified in this
Section, was legally in possession of an assault weapon prohibited by this Section
shall have 90 days from the effective date of the Ordinance to do any of the
following without being subject to prosecution hereunder:
(1) To remove the assault weapon from within the limits of the Village of
Buffalo Grove; or
(2) To modify the assault weapon either to render it permanently inoperable or
to permanently make it a device no longer defined as an assault weapon;
or
(3) To surrender the assault weapon to the Village Chief of Police or his
designee for disposal as provided below.
Section 9.92.030 Destruction of weapons confiscated.
A. Whenever any assault weapon is surrendered or confiscated pursuant to the terms
of this Chapter, the Village Chief of Police shall ascertain whether such assault
weapon is needed as evidence in any matter.
B. If such assault weapon is not required for evidence it shall be destroyed at the
direction of the Village Chief of Police. A record of the date and method of
destruction and inventory of the assault weapon so destroyed shall be maintained.
SECTION 3: To the extent that the Cook County Ordinance would be deemed to be in effect at
this time, this Ordinance is not intended to supersede or supplant the County of Cook regulations
on assault weapons within the Village's jurisdiction. To the extent that this Ordinance does
create a conflict with said County of Cook regulations then the Cook County Ordinance will
control in the Cook County portion of the Village. To the extent that the Cook County Ordinance
would not be deemed to be in effect this Ordinance is not intended to, and shall not cause, the
Cook County Ordinance to come into effect.
SECTION 4: Should any Section or provision of this Ordinance be declared invalid by a court
of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole
or any part thereof other than the part declared to be invalid.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval and publication. This Ordinance may be published in pamphlet form.
AYES: 4 - Sussman, Stein, Ottenheimer, Braiman
NAYES: 3 - Berman, Trilling, Terson
ABSENT: 0 - None
PASSED: July 15 , 2013.
APPROVED: July 15 , 2013.
PUBLISHED: July 16 , 2013.
ATTEST:�,w,�
Village Clerk
Tressler \Park Ridge\ #98982 \ordn
5