This Article 15 shall be known as the "Lincolnwood Firearms
and Assault Weapon Control Ordinance."
This Article 15 shall preempt all Cook County licensing or other
regulatory schemes for firearms, firearms dealers and assault weapons.
As provided in Article VII, Section 6(c) of the State of Illinois
Constitution of 1970, if a county ordinance conflicts with an ordinance
of a Village, the Village ordinance shall prevail within its jurisdiction.
Specifically, and without limitation of the foregoing, this Article
15 shall preempt the Cook County Firearms Dealer's License and Assault
Weapons Ban Ordinance as now in effect or as may be hereafter amended.
(A)
It shall be unlawful for any person licensed as a firearms dealer
pursuant to federal law to engage in the business of dealing in firearms
at an address within the corporate limits of the Village without having
obtained a Village firearms license pursuant to this Article 15. A
Village firearms license shall be required in addition to any other
Village license required by law. All applicants for a Village firearms
license must possess a valid federal firearms dealer's license. Possession
of a valid federal firearms dealer's license shall be deemed proof
of being engaged in the business of dealing in firearms in the Village
and thus requiring a Village firearms license. An applicant for a
Village firearms dealer's license shall meet all other applicable
Village ordinances and regulations.
(B)
Any person who sponsors a gun show or event within the corporate
limits of the Village shall first obtain a permit for such show or
event. Application for a permit must be made no later than 30 days
prior to the date the show or event is to take place. No permit shall
be issued unless the show or event has also been recognized by the
Illinois Department of State Police. No more than four permits shall
be issued for the same location during any six-month period.
(C)
Any person who becomes a federally licensed firearms dealer
after October 1, 1994, and is required under this Article 15 to obtain
a Village firearms license, shall apply for such license within 45
days of receipt of the federal firearms dealer's license.
(D)
Any person licensed under federal law at more than one location
within the corporate limits of the Village must obtain a Village firearms
license for each individual location. A separate application and license
fee is required for each location.
(E)
No license issued under this Article 15 shall be transferable
or assignable to any other person or any other location.
(A)
The Chief of Police shall administer the licensing of firearms
dealers and the permitting of gun shows and events, and shall approve
or deny all applications for licenses or permits and revoke existing
licenses or permits pursuant to this Article 15.
(B)
Rules and regulations.
(1)
The Chief of Police shall promulgate reasonable rules, definitions
and regulations necessary to carry out the duties imposed by this
Article 15; including, but not limited to, developing reasonable procedures
consistent with existing practices of licensing persons engaged in
the business of dealing in firearms, and including seeking the assistance
of the Village Police Department or other law enforcement agencies
as necessary to conduct investigations or inspections in connection
with this Article 15.
(2)
Any rules or regulations promulgated pursuant to this Section 9-15-2-2 shall be filed in the Police Department's principal office and in the office of the Village Clerk, and shall be made available for public inspection. Copies shall be made available upon request and payment of a reasonable fee as determined by the department or the Village Clerk to cover the cost of providing the copy.
(A)
All applications for a license or permit made pursuant to this
Article 15 shall be made in writing to the Chief of Police on a form
provided for that purpose. In addition to any other information required
by the Chief of Police, each application for a license shall contain:
[Amended 10-16-2012 by Ord. No. 2012-3020]
(1)
The applicant's full name, residence, and the address and telephone
number where the person is engaged in the business of dealing in firearms;
(2)
If the applicant is a corporation, the corporate name, business,
and principal place of business of the applicant; the date and state
of incorporation; and the names and residence addresses of the corporate
officers and its registered agent;
(3)
If the applicant is a partnership, the name and business address
and telephone number of the principal office or place of business;
the names, addresses and telephone numbers of all partners; the name,
address, and telephone number of a person authorized to receive notices
issued pursuant to this Article 15.
(B)
The Chief of Police shall not issue a Village firearms license
to any person who fails to provide proof of a valid federal firearms
dealer's license and a valid firearms owner's identification card
issued by the state.
[Amended 10-16-2012 by Ord. No. 2012-3020]
(C)
The Chief of Police shall not issue a Village firearms license
to any person who is engaged in the business of dealing in firearms
or any other activity requiring a federal firearms dealer's license,
or indicates an intention to do so, within 1/2 mile of the grounds
of a school or public park measured from the property lines of the
respective properties, unless the licensee was operating the business
on September 1, 1994, at this location.
[Amended 10-16-2012 by Ord. No. 2012-3020]
(D)
Any license or permit issued pursuant to this Article 15 shall
be posted and kept available on the premises covered by the license
or permit for inspection by the Chief of Police and his or her deputies.
All sales and other business records relating to the activity for
which a federal firearms dealer's license is required shall also be
made available for inspection upon the request of the Chief of Police
or his or her deputies.
(A)
The Chief of Police may deny an application for a license or
permit if the applicant fails to provide the information required
by, or is otherwise not in compliance with, any provisions of this
Article 15 or any applicable rules or regulations. Such denial shall
be in writing and shall state the reasons for the denial. Any person
seeking to appeal the denial may do so by filing a written request
for a hearing with the Village Manager, with a copy to the Chief of
Police. Such request must be filed within 30 days after the denial,
and a hearing must be held within 30 days after receipt of the request.
The hearing shall be conducted in accordance with the procedures provided
herein.
(B)
The Chief of Police may revoke or suspend the license or permit
of any person who violates any provision of this Article 15 or rules
or regulations adopted pursuant to this Article 15. Before any such
revocation or suspension is effective, the licensee or permit holder
shall be notified by certified mail or personal delivery of the specific
basis for the suspension or revocation and the date for a hearing
on the matter. Such hearing shall occur not fewer than seven days
and not more than 14 days after the mailing of the notice. The hearing
shall be conducted in accordance with the procedures provided herein.
If a person wishes to appeal the denial of a Village firearms
license or permit, or in the event of a revocation of a Village firearms
license or permit, the appeal shall be made to the Village Manager.
(A)
Failure to comply with the provisions of this Article 15 shall result in a fine in an amount set forth in the Annual Fee Resolution. Each day of operation in violation of Section 9-15-2-2 of this Code, or of Section 9-15-2-7(B) of this Code, shall constitute a separate and distinct violation.
(B)
The sale of firearms without a license as required by this Article
15 or at a gun show or event without a permit or at a location prohibited
by this Article 15 is punishable by a fine in an amount set forth
in the Annual Fee Resolution.
(C)
The Village may seek an order to restrain violations or enjoin
future operation of a firearms dealer operating in violation of this
Article 15, or both.
(A)
No person shall sell, offer or display for sale, give, lend, transfer ownership of, acquire or possess, manufacture or distribute any assault weapon within the corporate limits of the Village. This Section 9-15-3-1(A) shall not apply to:
(1)
The sale or distribution, or the possession for sale and distribution
by any firearms dealer licensed pursuant to this Article 15, of an
assault weapon to any officer, agent, or employee of the Village or
any other Village, county, body politic 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, and peace officers 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 or her duties;
or
(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 sold or transferred in violation of Section 9-15-3-1(A) of this Code is hereby declared to be contraband and shall be seized and disposed of in accordance with the provisions contained in Section 9-15-3-2 of this Code.
(A)
Whenever any firearm or ammunition is surrendered or confiscated
pursuant to the terms of this Article 15, the Chief of Police shall
ascertain whether such firearm or ammunition is needed as evidence
in any matter.
(B)
If such firearm or ammunition is not required for evidence,
it shall be destroyed at the direction of the Chief of Police. A record
of the date and method of destruction of the firearm or ammunition
so destroyed shall be maintained.
