Page 13 - February 2020 FOP Magazine

Field Representative’s Report
Pushing back against regulations on registering firearms
On Jan. 24, Lodge 7 sent a letter to the Depart- ment stating our belief that its policy on registering of our firearms was in violation of state statutes.
The Lodge became concerned when rumors cir- culated about the possibility of COPA accessing a state police database and then checking it against the Department’s records to uncover officers who failed to register firearms — even their non-duty firearms and hunting or sporting rifles.
I brought my concerns to our attorneys a few months back, and we began researching what legal
avenues we could use to stop this biased practice.
We didn’t have to look further than the Firearm Conceal Carry Act 430 ILCS 66, which states that the registration requirement of firearms is solely determined by the State of Illinois and has
no exemption for any home rule. It reads:
The regulation, licensing, possession, registration, and trans- portation of handguns and ammunition for handguns by licens- ees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or handguns and ammunition for handguns in a manner inconsistent with this Act shall be invalid in its appli- cation to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. 430 ILCS 66/90.
Our FOP attorneys also found that we can seek relief under
the Right to Privacy in the Workplace Act, a state law (820 ILCS 55/5) which prohibits an employer from discrimination regard- ing their employees’ use of lawful products. There is no rational basis for this general order, and if the weapon is “legal under state law,” then it is unlawful to require registration as it disad- vantages the officer with respect to conditions of employment. More significantly, the Act allows for a $200 fine plus costs, rea- sonable attorney’s fees and actual damages if the employer is found to willfully have violated the Act.
With this letter, we have put the Department on notice. I brought our research to the Board of Directors at their meeting on Feb. 4, and they unanimously voted to file suit if the Depart- ment refuses to comply with the law.
With firearms qualification upon us, I have received calls re- garding issues with the FOID card renewal process. When you applied for your renewal, you should have received an email re- ceipt with wording similar to this:
If you have submitted for renewal and you are concerned about your current card expiring under the authority of 430 ILCS 65/5 (b), If a renewal application has been submitted prior to the ex- piration date of the applicant’s Firearm Owner’s Identification Card, the Firearm Owner’s Identification Card shall remain valid while the Department processes the application, unless the per- son is subject to or becomes subject to revocation under this Act.
I have made the Department aware of the issue, and there should be no problem if you have submitted your renewal ap- plication. If you are still experiencing a problem, please contact me at the Lodge.
ROBERT BARTLETT
773.858.3531 daniel.collins@cbexchange.com
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CHICAGO LODGE 7 ■ FEBRUARY 2020 13