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A.
It is intended that this chapter shall preempt all Cook County licensing
or other regulatory schemes for firearms, firearms dealers and assault
weapons. As provided in Article VII, § 6(c), of the State
of Illinois Constitution of 1970, if a county ordinance conflicts
with an ordinance of a municipality, the municipal ordinance shall
prevail within its jurisdiction.
B.
It is specifically intended that this chapter shall preempt the Cook
County Firearms Dealer's License and Assault Weapons and Ammunition
Ban Ordinance as now in effect or as may be hereafter amended.
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The following words, terms and phrases, when used in this Division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Village of Thornton Police Chief.
The Village of Thornton Police Department.
Has the same meaning as in 18 U.S.C. § 921 (a)(21).
The term "firearm" means any device, by whatever name known,
which is designed to expel a projectile by the action of an explosion,
expansion of gas, or escape of gas.
The term "firearm" excludes, however:
Any pneumatic gun, spring, gun, paintball gun or BB gun which
either expels a single lobular projectile not exceeding 0.18 inches
in diameter or breakable paintballs containing washable marking colors;
Any device used exclusively for signaling or safety and required
or recommended by the United States Coast Guard or the Interstate
Commerce Commission;
Any device used exclusively for the firing of stud cartridges,
explosive rivets or similar industrial ammunition;
An antique firearm (other than an assault weapon) which, although
designed as a weapon, the State Police Department finds, by reason
of the date of its manufacture, value, design, or other characteristic,
is primarily a collector's item and is not likely to be used
as a weapon.
The term "firearm ammunition" means any self-contained cartridge
or shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm.
The term "firearm ammunition" excludes, however:
Any ammunition exclusively designed for use with a device used
exclusively for signally or safety and required or recommended by
the United States Coast Guard or the Interstate Commerce Commission;
or
Any ammunition designed exclusively for use with a stud or rivet
driver or other similar industrial ammunition.
Any federally licensed firearms dealer, excluding any person
licensed solely as a "collector" pursuant to 18 U.S.C. § 923(b)
and possessing only a Type 03 federal license.
The premises of any federally licensed firearms dealer.
The Village President of the Village of Thornton.
[9-17-2012]
A.
It shall be unlawful for any person to engage in the business of
dealing in selling or otherwise transferring for compensation firearms
or firearm ammunition within the Village corporate limits without
having applied for or obtained a Village firearms dealer's license
pursuant to this chapter. A Village firearms dealer's license
shall be required in addition to any other license required by law.
All applicants for a Village firearms dealer's 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 dealer's license. An applicant
for a Village firearms dealer's license shall meet all other
applicable Village ordinances and regulations.
B.
Any person who becomes a federally licensed firearms dealer and is
required under this Division to obtain a Village firearms dealer's
license shall apply for such license within 45 days of receipt of
the federal firearms dealer's license.
C.
Any person licensed under federal law at more than one location within
the Village corporate limits must obtain a Village firearms dealer's
license for each individual location. A separate application and license
fee is required for each location.
D.
Prior to issuance of any such license, it shall be required that
there be installed on the premises a satisfactory anti-theft alarm
system which has been inspected and approved by the police department.
Such premises and the business operation contemplated must also meet
all other requirements for the issuance of a Village business license.
E.
No license issued under this Division shall be transferable or assignable
to any other person or any other location.
F.
Location. No firearms dealer may be located within two miles of any
other firearms dealer or gun shop or within 1,000 feet of any property
zoned or used as a church or school.
G.
All firearms dealers shall be located in a zone classified as industrial
under the zoning code of the Village and no firearms dealer shall
operate without having first obtained a special use permit pursuant
to the zoning code of the Village.
H.
No more than one firearm/firearm ammunition dealer license shall
be issued and in force at any one time in the Village and such license
shall be valid for a period of one year from the date of its issuance.
[9-17-2012]
A.
The Chief of Police shall administer the licensing of firearms dealers
and shall approve or deny all applications for licenses and revoke
existing licenses pursuant to this chapter.
B.
A Village firearm dealer's license shall not be approved unless
the business premises where a sale, display or transfer of any firearm
occurs meets the following minimum requirements:
1.
The exterior walls of the structure are to be of masonry construction.
The integrity of the structure must be such that a motor vehicle or
bullet will not be able to penetrate the walls of the business. Alternative
construction materials which afford equivalent protection may be permitted
if approved by the Village upon the receipt of the recommendation
of both the Chief of Police and the Building Inspector.
2.
The entire interior of the building (except bathrooms) must
be covered with video surveillance cameras. The recorders must be
located in a safe and locked at all times. Video recordings must be
kept for at least one year. Parking lots as well as any exterior wall
breach, such as doorways or windows must be maintained under video
surveillance as well. Lighting must be supplied to insure that the
installed cameras are capable of recording all activity at such lumens
that will allow easy identification of any person coming into their
view, and such light must be maintained 24 hours a day. The surveillance
cameras and the lighting shall have an alternate twelve-hour power
supply that automatically provides power in the event of a power failure.
3.
A safe must be provided on site that is of sufficient size to
accommodate all firearms on site at any given time. All handguns must
be kept in the safe when the business is not open. When the business
is not open, firearms, other than handguns, must either be: (1) locked
in a safe or (2) secured behind locked rolling metal shutters, a locked
steel grate or in another manner that provides equivalent protection.
4.
The entire structure must be covered by a burglar and intrusion
alarm system that will include a fire detection system. The system
must be connected directly to the Thornton 9-1-1 System. This system
must include door contacts on all doors to the establishment, glass
break protection, and equipment and motion detectors to cover all
areas. This alarm system shall have an alternate power source for
no less than 12 hours that automatically activates in the event of
a power failure.
5.
All handguns on display must be kept in locked display cases
that would need to be unlocked by an employee for handling by a potential
buyer. The display area for the firearms must be separate from all
other display areas and must be locked and secured at all times. Employees
escorting patrons into the viewing area will need to be supplied with
a panic alarm that is tied into the building alarm system for immediate
notification of the police department. As part of the building alarm
system, the panic alarms shall also be served by an alternate power
source that can provide protection for no less than 12 hours and automatically
activates in the event of a power failure.
6.
No one under the age of 18 years will be allowed into the establishment
unless they are accompanied by an adult.
7.
All exterior entrance points and window points of the building
shall be gated or barred or otherwise secured when the building is
unoccupied. The use of gating and security devices on exit doors will
need emergency override devices to allow for exit in case of any emergency
inside the building. If the emergency override devices require electricity
to operate, they shall be served by an alternate twelve-hour power
supply that automatically activates in the event of a power failure.
8.
All entry doors must remain locked and secure at all times with
a buzzer system to allow access during business hours.
9.
The storage of ammunition shall comply with 2003 IFC § 3306.
10.
Before any person may be hired as an employee of a licensee
under this chapter, the holder of that license shall perform a background
check to determine whether he or she possesses the requisite character
and fitness to deal in deadly weapons. No person in possession of
a license may employ a person to work in the licensed gun shop if
that person could not qualify to obtain legally an Illinois Firearm
Owner's Identification Card.
C.
The Chief may promulgate additional reasonable rules, definitions
and regulations necessary to carry out the duties imposed by this chapter;
including, but not limited to, hours of operation, and developing
reasonable procedures consistent with existing practices of licensing
persons engaged in the business of dealing in firearms, and including
seeking the assistance of other law enforcement authorities as necessary
to conduct investigations or inspections in connection with this chapter.
Any rules or regulations promulgated under the chapter shall be filed
in the police department's principal office 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
to cover the cost of providing the copy.
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The annual fee for a Village firearms dealer's license
shall be $500 per year and payable in accordance with § 5-1-3.
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A.
All applications for a license under this chapter shall be made in
writing to the Chief on a form provided for that purpose. Each application
for a license shall contain:
1.
The applicant's full name, residence and address; 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; and the names and residence address
of all shareholders with more than 5% of the outstanding shares.
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; and the
name, address and telephone number of a person authorized to receive
notices issued pursuant to this chapter.
4.
If the applicant is a limited liability company, the name, business
address and telephone number of the principal office or place of business;
the names, home addresses and telephone numbers of managers and members
of the limited liability company as well as address and telephone
numbers of all persons authorized to receive notices for the limited
liability company.
5.
The name, home address and telephone number of each employee
of the applicant which will perform duties within the Village.
6.
All applicants and individuals required to be identified in
Subsection A1, 2, 3, 4 and 5 of this § 5-8-6 shall submit
to fingerprinting at the Thornton Police Department and authorize
a criminal history background check based on fingerprint identification
from the Illinois Bureau of Criminal Identification. In all cases
the cost of the background checks shall be the responsibility of the
applicant with any costs incurred by the Village being paid in advance.
7.
Any information requested by the Police Chief concerning prior
convictions of any felony, violent crime or firearm-related offense
deemed relevant by the Chief for the purposes of performing his/her
investigation of the applicant.
8.
A copy of a current, valid federal firearms license of the applicant.
9.
A copy of a current, valid firearm owner's identification
card of the applicant.
10.
A photograph of the applicant and all employees that will be
working out of any proposed location within the Village.
11.
Copies of the articles of incorporation, corporate bylaws, partnership
agreement, articles of limited partnership and/or documentation establishing
a limited liability company to the extent applicable.
12.
Documentation establishing that each of the requirements of
§ 5-8-4B are met.
13.
A detailed drawing of the proposed layout of the premises for
which the license is sought showing any locations where all firearms
will be stored and/or displayed.
14.
A certification signed by the applicant stating that as of the
date of the application, the applicant has met and continues to meet
all the requirements necessary under federal law that are necessary
to meet in order to receive a firearms dealer's license under
federal law.
B.
The Chief shall not issue a Village firearms dealer's license
when:
1.
The applicant fails to provide proof of a current, valid federal
firearms dealer's license;
2.
The applicant fails to provide proof of a current, valid firearm
owner identification card issued by the State of Illinois;
3.
The investigation conducted by the Chief reveals that the applicant
would no longer meet the requirements for a federal firearms dealer's
license; or
4.
When the applicant fails to provide the information and/or meet
the requirements of this chapter.
C.
The disclosures required in any application for a Village firearm
license are continuing obligation of the applicant. In the event any
of the information provided changes, the applicant shall have a duty
to provide within 24 hours such changed information to the Chief.
Upon receiving such additional information, the Chief shall review
the changed or additional information provided and determine whether
it shall have any effect on the status of any license that has been
requested or already issued.
D.
Any license issued under this chapter shall be posted and kept available
on the premises covered by the license for inspection by the Chief
or the Sheriff of the county or any local, state or federal agency
and their 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 or the Sheriff of the county or any local, state or deferral
agency and their deputies.
E.
The Chief of Police or his/her designee shall have the authority
to inspect the premises for which a license is sought prior to the
issuance of the license, prior to the renewal of the license or at
any other time the license is in effect provided the business is open.
The inspection may, in the discretion of the Chief, include a check
to determine whether the video and security equipment is operational,
a check to determine whether the video image being recorded and the
lighting is sufficient to allow the identification of individuals
on the premises and a review of the records of transfer of firearms
by the licensee.
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A.
Denial; appeal. The Chief may deny an application for a license if
the applicant fails to provide the information required by, or is
otherwise not in compliance with, any provisions of this Division
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 President, with a copy to the Chief. Such request
must be filed within 30 days of the denial, and a hearing must be
held within 30 days of receipt of the request. The hearing shall be
conducted in accordance with the procedures provided herein.
B.
Suspension, revocation; notice. The Chief may revoke or suspend the
license of any person who violates any provision of this Division
or rules or regulations adopted pursuant to this Division. Before
any such revocation or suspension is imposed, the licensee shall be
notified by the 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 no more than
14 days after the mailing of the notice. The hearing shall be conducted
in accordance with the procedures provided herein.
[9-17-2012]
A.
If a person wishes to appeal the denial of a Village firearms dealer's
license, or in the event of a revocation of a Village firearms dealer's
license, the Village President shall appoint a Hearing Officer who
shall conduct the hearing. The Hearing Officer is authorized to conduct
hearings concerning any matter covered by this Division and may determine
factual and legal matters raised by the parties to the hearing.
B.
The Hearing Officer may:
1.
Examine any books, papers, records or memoranda bearing upon
the business or activities of the licensee;
2.
Request the circuit court to issue subpoenas requiring the attendance
of any person having personal knowledge of any contested issue;
3.
Request the circuit court to issue subpoenas duces tecum for
the production of books, records, papers, or memoranda;
4.
Administer oaths;
5.
Take testimony;
6.
Make rulings as to the admissibility of evidence; and
7.
Take any other action as may be required for the expeditious
conduct of the hearing.
C.
The Hearing Officer is not bound by the technical rules of evidence.
No informality in any proceeding or in the manner of taking testimony
or receiving evidence shall invalidate any order, decision, ruling
or recommendation of the Hearing Officer or the Village President's
final administrative decision.
D.
The Department's books, papers, records and memoranda or parts
thereof may be provided in any hearing or legal proceeding by the
original documents or by reproduced copy under the Chief's certificate.
Without further proof, the original documents or reproduced copy shall
be admissible into evidence at the hearing.
E.
If the circuit court issues a subpoena duces tecum, the following
rules shall apply:
1.
Service shall be made as provided by the State Civil Practice
Law, 735 ILCS 5/2-201 et seq.;
2.
Fees of witnesses for attendance and travel shall be the same
as the fees of witnesses before the circuit court of the County and
shall be paid after the witness is excused from further attendance;
3.
When a subpoena or subpoena duces tecum is issued at the instance
of either party, the Hearing Officer may require that party to bear
the cost of service and witness fees.
F.
Any party to a hearing may apply to any circuit court judge of this
state for enforcement of any subpoena or subpoena duces tecum issued
by a Hearing Officer hold holding a hearing authorized by this Division.
G.
At any hearing held under this Division, the Chief's initial
decision to deny or revoke a license shall be presumed prima facie
correct and the person contesting the decision shall have the burden
of proving by the books, records and other documentary or testimonial
evidence that it is incorrect.
H.
At the conclusion of the hearing, the Hearing Officer shall make
a recommendation to the Village President. The Village President shall
adopt, reject or modify the recommendation based on a review of the
record within seven days of receiving the Hearing Officer's recommendation,
and shall issue a final decision. The Village President shall give
written notification to the licensee of the decision and the reasons
for such decision. The Village President's decision shall be
a final decision reviewable under State Administrative Review Law,
735 ILCS 5/3-101 et seq.
I.
A person seeking judicial review of the Village President's
final decision shall bear the cost of certification. If the protesting
party prevails on appeal, the Village shall reimburse that party for
the cost of certification.
J.
Items constituting the record may include notices and demands, the
initial decision, the written protest and petition for hearing, all
relevant pleadings, briefs and memoranda of law, evidence admitted
at the hearing, the transcribed testimony given at the hearing, the
Hearing Officer's recommendation and the Village President's
final decision.
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A.
No person shall be allowed to sell, trade, give, deliver or possess
within the Village any firearm or firearm ammunition in violation
of any federal or state law, rule or regulation.
B.
No gun shows or similar event shall be allowed in the Village of
Thornton.
C.
No person that is required to have a federal firearms license shall
operate as a firearms dealer unless they obtain a Village firearm
dealers license.
D.
This chapter is not intended to allow the discharge of firearms,
gun ranges or ammunition manufacture within the Village.
[9-17-2012]
A.
Any person possessing a license obtained under this chapter, in addition
to any other reports required by law, must provide to the Chief, on
a monthly basis, the following information:
B.
A written report containing the name, address, telephone number and
age of the person to whom the licensee transferred a firearm, the
date on which the transfer took place, the type, model and a description
of the firearm, the manufacturer of the firearm, the price of the
firearm, the serial number of the firearm, a photocopy of the purchaser's
firearm owner's identification card and the purpose given by
the purchaser for the acquisition of the firearm.
[9-17-2012]
A.
Failure to comply with any provision of this chapter shall result
in a fine of $500 per day. Each day of operation and sold in violation
of any provision of this chapter shall constitute a separate and distinct
violation.
B.
The Village may seek an order to restrain violations or enjoin future
operation of firearms dealer operating in violation of this chapter,
or both.
[9-17-2012]
A.
ASSAULT WEAPON
Definitions. The following words, terms and phrases, when used in
this Division, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
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. The term "assault
weapon" also includes:
B.
Sale Prohibited; Exceptions.
1.
No person shall sell, offer or display for sale, give, lend,
transfer ownership of, acquire, manufacture, or distribute any assault
weapon within the corporate limits of the Village.
2.
This subsection shall not apply to:
a.
The sale, distribution, or possession for sale and distribution,
by any firearms dealers licensed pursuant to this chapter, of an assault
weapon to any sworn police officer of the Village or any other municipality,
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 duties;
b.
Transportation of assault weapons if such weapons are broken
down and in a nonfunctioning state and are not immediately accessible
to any person.
3.
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 in § 5-8-12C.
4.
Any person found in violation of this § 5-8-12B shall
be fined $750.
C.
Surrendered or Confiscated Weapons.
1.
Whenever any firearm is surrendered or confiscated, pursuant
to the terms of this § 5-8-12, the Police Chief shall ascertain
whether such firearm is needed as evidence in any matter.
2.
If such firearm is not required for evidence, it shall be destroyed
at the Police Chief's direction. A record of the date and method
of destruction and inventory of the firearm so destroyed shall be
maintained.
