The JCAR peeps, aka the Joint Committee on Administrative Rules, has a meeting coming up Tuesday morning where they will make a decision on the second round of “Emergency Rules” submitted by the Illinois State Police.  At best, expect a 6-6 tie and ties don’t overturn rules so don’t get your hopes up.

Also Tuesday is the oral arguments in the Guns Save Life / FFL-IL / Aurora Sportsman’s Club / Gun Owners of America lawsuit’s amended complaint in front of Judge McGlynn.  We’re seeking to have the registration scheme shut down.  McGlynn says he will issue an opinion “soon” after the hearing.  That ruling could cripple the PICA law, but expect an emergency appeal from the Illinois Attorney General if we lose.

Then, within days, expect the Seventh Circuit to stay McGlynn’s decision.

Greg Bishop at The Center Square covers the JCAR hearing.   Here’s some of it.

(The Center Square) – With less than three weeks before Illinois’ gun ban registry deadline kicks in, the Joint Committee on Administrative Rules is preparing to take up revised rules filed by Illinois State Police.

Emergency rules regarding the registry of now banned guns and accessories were first filed and put into effect on Sept. 15. The gun ban registry opened Oct. 1. The deadline for gun owners to register now banned guns is Jan. 1, 2024. Being found out of compliance could carry up to a Class 3 felony.

The law still faces challenges in the federal courts, including two pending lawsuits in the U.S. Supreme Court. JCAR Co-Chair state Sen. Bill Cunningham, D-Chicago, last month said without a final court ruling, the law is the law.

“We have to assume that the law is constitutional until a court tells us that it’s not,” Cunningham said.

The registration deadline is the subject of litigation with oral arguments in the Southern District of Illinois federal court Tuesday afternoon. JCAR meets in Chicago Tuesday morning to take up revised rules. Revisions include updated definitions of various things, including who is exempt from registering, what a licensed firing range is and that airsoft components don’t need to be registered as banned attachments unless the components are attached to a firearm.

While the initial emergency rules filed on Sept. 15 are in effect, changes in the second notice rules from Illinois State Police are not yet in effect. JCAR could vote to suspend an emergency rule or prohibit a permanent rule from going into effect. That requires a supermajority of the bipartisan 12-member committee. There could also be an objection. An objection motion to the original emergency rules was brought forward by Republicans in October, but that motion failed to get a majority.

It’s expected there will be discussion about the ISP gun ban registry rules at Tuesday’s JCAR meeting, including what public comments were received, what changes have been made and what’s further to be resolved.

Cunningham said if ISP follows the proper rule making procedure, he sees the rules going forward. But, he acknowledged there will be sustained opposition from some.

“I don’t know that they’re ever going to be pleased with the final product, but we have to make sure that the state police follows the proper rulemaking procedures,” Cunningham said.

A mix of support and opposition came in during the public comment period on the emergency rules.

In a letter in support of the rules and the law, Leslie Helmcamp, executive director of Strengthening Chicago’s Youth and director of Violence Prevention Initiatives, said the law is “thoughtful” and a “research-based” approach to help curb the flow of “illegal guns” on the streets. She further said “providing oversight on firearm ownership” is associated with reductions in “gun violence and fewer mass shootings and related fatalities.”

“Implementation of this regulation will enhance law enforcement’s ability to track existing weapons while also ensuring a mechanism for the lawful transfer of firearms and relinquishment of assault weapons for individuals whose Firearm Restraining Order is revoked,” Helmcamp said. “We strongly support passage of these rules as an important step to implement PICA and safeguard our communities with effective monitoring of assault-style weapons in our state.”

Gun rights advocate Todd Vandermyde said the revised rules are vague and public notice about the rules has been “woefully inadequate.”

“And you’re gonna get two weeks to read it, digest it and figure out how it applies to you? Yeah, they mishandled this thing all the way through,” Vandermyde told The Center Square.

10 thoughts on “TUESDAY: JCAR hearing and oral arguments on Guns Save Life’s lawsuit challenging gun & mag ban registration”
  1. IF PICA is ultimately upheld by SCOTUS I will give full respect to the fine men and women in the ISP who will be enforcing the law and conducting witch hunts on Illinois residents. The rank and file didn’t ask for gun control. The higher ups in the ISP are the anti-gun activists. So that means the everyday trooper who arrests people and charges them with made up felonies are just doing their jobs. They have bills to pay and that’s more important to me that my own bills or rights. It gets old hearing people on here complaining that their rights are being taken away. Cops have jobs to do and I’ll always back the blue. If they come to raid my house for banned items I’ll let them raid the fridge too. Cops have to eat like anyone else! I just have one request; that they take a picture of me in handcuffs next to one of their awesome squad cars. I hope they have the lights on too! This will be so bad ass and the picture will go on Facebook to show others the power of law enforcement and my complete support of them. I’ll blame the governor, the DemoRATS and anyone and everyone, else for ruining my livelihood except for the officers arresting me. They have a job to do and I’ll rest a bit easier in prison knowing I supported the ones who put me there.
    Back the BADGE!!

    1. Thanks for showing normal people how goddamn absurd these back the blue boot lickers look to the rest of us and that some people actually think this way.

    2. Careful! The crazy ol’ coot’s veins (or, just for him, “vains”) are poppin’ out on his forehead (or “forhead”).


      Sarcasm is a lost art!

    3. Sarcasm is a “lost art” “ken” is just “lost”, not knowing who he is or who he is posting as from one post to the next. K M A “ken” or WHOEVER you will post as next.

  2. What has Leslie been smoking? To say that providing oversight on firearm ownership is associated with reductions in gun violence and fewer mass shootings and related fatalities. goes beyond the realm of believability. I think she was sitting on the toilet having a smoke and reading the paper when this popped into her mind.

  3. ““We have to assume that the law is constitutional until a court tells us that it’s not,” Cunningham said.” Right, because nobody who’s taken an oath to defend the Constitution can possibly think for themselves. What an ass.

  4. Todd Vandermyde just announced that JCAR tabled the final rules until January of 2024!!! This means there are no rules, just the law. I think it means JCAR knows this is a pile of organic fertilizer. ISP says it will let counties enforce PICA, 90 County Sheriffs say no way are they going to enforce it.

    This is another reason to not register. Is a Ruger 10/22 an AW, or not?

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