Section:

6-2-1: Firearm Definitions
6-2-2: Handgun Dealers Prohibited
6-2-3: Firearm Possession Prohibited/Exceptions
6-2-4: Electronic Stun Guns
6-2-5: Discharging Firearms
6-2-6: Transporting Firearms
6-2-7: Guns or Firearms Which Fire Pellets of Paint

6-2-1: FIREARM DEFINITIONS:

A. Firearm:

Any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding however:

Any pneumatic gun, spring gun or B-B gun which expels a single globular projectile not exceeding eighteen-hundredths of an inch (.18") in diameter;

Any device used exclusively for signally 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 a machine gun) which, although designed as a weapon, the Department of Law Enforcement of the State of Illinois finds by reason of the date of its manufacture, value, design and other characteristics is primarily a collector's item and is not likely to be used as a weapon;

Model rockets designed to propel a model vehicle in a vertical direction.

B. Handgun:

Any firearm which is designed or redesigned, made or remade, and intended to be fired while held in one hand or having a barrel of less that ten inches (10") in length or a firearm of a size which may be concealed upon the person.

C. Person:

Any individual, corporation, company, association, firm, partnership, club, society or joint stock company.

D. Handgun Dealer:

Any person engaged in the business of selling or renting handguns at wholesale or retail, manufacture of handguns or repairing handguns, making or fitting special barrels or trigger mechanisms to handguns.

E. Licensed Firearm Collector:

Any person licensed as a collector by the Secretary or [sic] the Treasury of the United States under and by virtue of Title 18, United States Code, Section 923.

F. Licensed Gun Club:

A club or organization, organized for the purpose of practicing shooting at targets, licensed by the Village of Morton Grove as provided by the Code of Ordinances of the Village.

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6-2-2: HANDGUN DEALER PROHIBITED:

No person shall engage in the business of handgun dealer in the Village and no business license shall be granted by the Village to any handgun dealer. Any person currently engaged in the business of handgun dealer may continue to be so engaged for a period of ninety (90) days after the effective date of this Section.

Penalties: Any person violation any provision of this Section shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each such offense. A conviction of a violation of this Section by a holder of a business license issue [sic] by the Village shall constitute grounds for revocation of such business license by the President and Board of Trustees. (Ord. 81-10, 6-8-81)

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6-2-3: FIREARM POSSESSION PROHIBITED/EXCEPTIONS:

No person shall possess, in the Village of Morton Grove the following:

A. Any bludgeon, blackjack, slugshot, sand club, sand bag, metal knuckles or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife. This provision shall not apply to or affect any peace officer.

B. Any weapon from which eight (8) [more or] [sic] bullets may be discharged by a single function of the firing device, any shotgun having one or more barrels less that eighteen inches (18") in length, sometimes called a sawed-off shotgun or any weapon made from a shotgun, whether by alteration, modification or otherwise, if such weapon, as modified or altered has an overall length of less than twenty six inches (26"), or a barrel length of less that eighteen inches (18") or any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce (1/4) for like purposes, such as, but not limited to black powder bombs and Molotov cocktails or artillery projectiles. This provision shall not apply to or affect the following:

Peace officers;

Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense;

Members of the Armed Services, Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duties;

Transportation of machine guns to those persons authorized under this subsection to possess machine guns, if the machine guns are broken down in a nonfunctioning state or not immediately accessible.

C. Any handgun, unless the same has been rendered permanently inoperative. This provision does not apply to or affect the following:

Peace officers or any person summoned by any peace officer to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer and if such handgun was provided by the peace officer;

Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense;

Members of the Armed Services, Reserve Forces of the United States, Illinois National Guard, or the Reserve Officers Training Corps. while in the performance of their official duties;

Special Agents employed by a railroad or a public utility to perform police functions; guards of armored car companies; licensed private detectives; watchmen and security guards actually and regularity [sic] employed in the commercial or industrial operation for the protection of persons employed and private property related to such commercial or industrial operation;

Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Comission to carry such weapons;

Licensed gun collectors;

Licensed gun clubs provided the gun club has premises from which it operates and maintains possession and control of handguns used by its members, and has procedures and facilities for keeping such handguns in a safe place, under the control of the club's chief officer, at all times when they are not being used for target shooting or other sporting or recreational purposes at the premises of the gun club; and gun club members while such members are using their handguns at the gun club premises;

A possession of an antique firearm;

Transportation of handguns by those persons authorized under Subparagraph 1 through 8 of this subsection to possess handguns, if the handguns are broken down in a non-functioning state or not immediately accessible;

Transportation of handguns by persons from a licensed gun club to another licensed gun club or transportation from a licensed gun club to a gun club outside the limits of Morton Grove; provided however that the transportation is for the purpose of engaging in competitive target shooting or for the purpose of permanently keeping the said handgun at such new gun club; and provided further that at all times during such transportation said handgun shall have trigger locks securely fastened to the handgun.

D. Penalties:

Any person violating subsections (A) or (B) of this Section shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or incarcerated for up to six months for each such offense.

Any person violating subsection (C) of this Section shall be guilty of a petty offense and shall be fined no less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for such offense. Any person violating subsection (C) more than one time shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or incarcerated for up to six (6) months for each offense.

Upon conviction of a violation of subsection (A) through (C), any weapon seized shall be confiscated by the trial court and when no longer needed for evidentiary purposes, the court may transfer such weapon to the Morton Grove Police Department who shall destroy them. (Ord. 81-11, 6-8-81)

E. Voluntary Delivery to Police Department:

If a person voluntarily and peaceably delivers and abandons to the Police Department any weapon mentioned in this Section, such delivery shall preclude the arrest and prosecution of such person on a charge of violating any provision of this Chapter with respect to the weapon voluntarily delivered. Delivery under this subsection may be made at the headquarters of the Police Department or by summoning a police Officer to the person's residence or place of business. Every weapon to be delivered and abandoned to the Police Department under this subsection shall be unloaded and securely wrapped in a package and in the case of delivery to the Police Headquarters, the package shall be carried in open view. No person who delivers and abandons a weapon under this subsection shall be required to furnish identification, photographs, or fingerprints. No amount of money shall be paid for any weapon delivered or abandoned under this subsection.

Whenever any weapon is surrendered under this subsection, the Police Department shall inquire of all law enforcement agencies whether such weapon is needed as evidence. If the same is not needed as evidence, it shall be destroyed.

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6-2-4: ELECTRONIC STUN GUNS:

A. An "electronic stun gun" is defined as any weapon or device which discharges and propels electronically controlled darts or projectiles capable of being driven into a victim or person for the purpose of stunning, paralyzing and rendering such victim or person immobile or unconscious.

B. It shall be unlawful for any person to sell or have possession of an electronic stun gun.

C. Penalties: Any person who or which shall be found guilty of violating any of the provisions of this Section shall, upon conviction, be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) or imprisonment in the County jail for not more than six (6) months, or by both fine and imprisonment for each offense. Each sale of an electronic stun gun shall constitute a separate offense and each day any violation of this Section shall continue shall constitute a separate offense.

D. Upon conviction of a violation of this Section of this Chapter, any weapon seized shall be confiscated by the trial court. All confiscated weapons after the disposition of the case, and when no longer needed for evidentiary purposes, the court may transfer such weapon or weapons, or in its discretion order such weapons preserved as property of the governmental body whose police agency seized the weapon. (Ord. 76-16, 9-27-76)

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6-2-5: DISCHARGING FIREARMS:

It shall be unlawful for any person to discharge firearms within the corporate limits of the Village, except at or upon duly licensed ranges constructed and maintained set forth in this code.

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6-2-6: TRANSPORTING FIREARMS:

It shall be and is hereby declared to be unlawful for any person to have or carry upon his person, or within any vehicle upon the streets and highways, thoroughfares and within the territory of the corporate limits of the Village, any shotgun or rifle unless such shotgun or rifle so being carried or transported shall be unloaded, and unless the same shall be disassembled or otherwise taken apart so as to render it incapable of being fired, or unless the same shall be enclosed in a case. The provisions hereof shall not apply, however, to the following officers while engaged in the discharge of their official duties: Sheriffs, coroners, constables, police officers or other duly constituted peace officers nor to persons lawfully summoned by an officer to assist in making arrests or preserving the peace and while so engaged in assisting such officer. (1969 Code, Sec. 130.025)

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6-2-7: GUNS OR FIREARMS WHICH FIRE PELLETS OF PAINT:

A. It shall be unlawful for any person to exhibit for sale, or to sell, give away, rent, lend or otherwise transfer, or to purchase any gun or firearm manufactured or produced for the purpose of firing or shooting pellets of paint.

B. It shall be unlawful for any person holding a retail business license to sell paint in the form of pellets which explode upon projection from a gun or firearm, or for any person to purchase paint in such explosive pellets.

C. Penalty: Any person who or which shall be found guilty of violating any of the provisions of this Section, shall, upon conviction, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. Each purchase, sale or gift of any such firearm or gun mentioned in this Section shall be deemed a separate and distinct offense.

Chronology of Events

1967	Decision successfully upheld by Illinois Supreme Court decision stating that a city may ban the sale of firearms.
Oct 1980	Geoff La Gioia applies for a business license to open a gun store.
Apr 30, 1981	Poll run in Pioneer Press's suburban papers on gun control shows overwhelming support for handgun legislation.
May 1981	Application under consideration by Village Board; controversy erupts not over banning sale of handguns in the Village but over banning possession of handguns.
May 11, 1981	Morton Grove Village Board of Trustees vote to draw up an ordinance to ban the sale of handguns in the Village; ordinance proposed by Trustee Neil Cashman.
Jun 8, 1981	In addition to passing the ordinance prohibiting the sale of handguns in Morton Grove by a 5-1 vote, Morton Grove Village Board of Trustees vote to ban possession of handguns by a vote of 4-2.
Jun 8, 1981	Amendment proposed by Joan Dechert to the ordinance also passes stating that any guns surrendered to Village police will be held for five years in case of reversal of ban by court action.
Jun 9, 1981	Resident Victor Quilici files suit in Cook County Circuit Court contesting the ordinance.
Jul 1981	A second case -- a federal civil rights suit, supported by the Second Amendment Foundation -- is filed by four residents in Cook County Circuit Court seeking relief under the Second Amendment.
Aug 1981	A third case filed in the state courts by Morton Grove residents, with the support of the National Rifle Association, claims the ordinance violates the Illinois Constitution.
Aug 24, 1981	Original date set for ban to become effective (September 6, 1981) is postponed in midst of court debates.
Oct 1981	Village signs contract with ABC for rights to produce a documentary on the handgun legislation issue.
Dec 29, 1981	U.S. District Court (Judge Bernard Decker) rules that the handgun ordinance did not violate the United States Constitution; Decker rules on three consolidated suits that had been filed by residents on the federal level.
Jan 1982	Challengers of the handgun ban hope to put off enforcement by seeking a court order for a stay on enforcement; Village Trustees vote to begin enforcement February 1 at the January 11 Board meeting.
	Two of three plaintiff groups file appeals in Appellate Court challenging U. S. District Court Judge Bernard Decker's ruling upholding Morton Grove's ban on the possession of handguns.
Jan 29, 1982	Cook County Circuit Court (Judge Albert Green) rules in favor of the Village ordinance banning possession of handguns; appeal is filed almost immediately in Illinois Appellate Court.
Feb 1, 1982	Handgun ban becomes effective in Morton Grove, the nation's first community to approve such legislation.
Feb 9, 1982	State Supreme Court Justice Seymour Simon takes under consideration whether to allow the NRA-backed suit filed in the state appellate court system to move directly to the Illinois State Supreme Court bypassing the appellate process; a decision in the State Supreme Court would be helpful to the United States Court of Appeals where the first case is pending.
Feb 1982	Village Trustees receive $17,000 from ABC for preliminary rights to a docudrama on the handgun controversy; money has been deposited into the Village's general corporate fund and is to be used for a variety of village expenses, such as legal fees incurred in various court cases and appeals. Funds given to Trustees for the rights to use their names have been turned over to the Village for the same purposes.
Apr 1982
Illinois General Assembly rejects the preemption bill (of home rule) which would have wiped out Morton Grove's ordinance banning possession of handguns.
	Herman's Sporting Goods in Golf Mill Shopping Center refuses to sell handguns to two Morton Grove residents in view of the risk of prosecution under state law.
Apr 16, 1982	Decision is handed down that the federal appeal hearing will not be postponed while the case makes its way through the Illinois State Supreme Court system.
Jun 1982	Survey on handguns conducted by Northwestern University, in conjunction with Pioneer Press, reveals overwhelming support ( 51-63%) in favor of the handgun ban, but also indicates that guns remain in about 1,600 Morton Grove homes.
Jun 14, 1982	Board rejects proposal by Trustee Richard Hohs to let residents vote on whether they agree with the one-year-old handgun ban; proposal based on petition with 1,400 signatures, presented by Morton Grove resident William Blameuser.
Jun 28, 1982	Resident William Blameuser files a petition in the Cook County Circuit Court seeking an injunction against the Village which would forward the "question" and place the issue on the November 2 ballot.
Aug 26, 1982	Village Board of Trustees meets to consider resident Beulah Anthony's objection to Blameuser's petition; Board rules in favor of Anthony's objection; referendum effort fails.
Sep 13, 1982	Evanston City Council decides by a 10-7 vote to ban the ownership of handguns in the City of Evanston; ordinance to take effect on September 30, 1982.
Oct 1982	Cook County Circuit Court (Judge George Schaller) rules Blameuser's petition invalid and decides in favor of the Village which then files to dismiss Blameuser's motion.
Dec 6, 1982	In Quilici v. Village of Morton Grove, U.S. Court of Appeals (Judge William J. Bauer) upholds by a 2-1 decision U.S. District Court's (Judge Bernard Decker) decision.
Dec 23, 1982	ABC television docudrama on the Morton Grove ban on possession of handguns has been completed but plans for showing have been shelved indefinitely.
Feb 1983	Plaintiffs in the federal suit have asked the Seventh Circuit Court of Appeals for a rehearing because they contend that Judge Bauer in the U.S. Court of Appeals decision of December 6, 1982, had made up his mind on the case before the actual hearing.
Feb 2, 1983	Village wins first handgun ban case and keeps confiscated .22-caliber handgun and ammunition garnered from the arrest on September 14, 1982 (first arrest based on handgun ordinance); second Village arrest for the handgun ordinance violation is on January 24, 1983.
Feb 9, 1983	Illinois Court of Appeals (Justice Daniel McNamara) upholds Cook County Circuit Court's decision (Judge Albert S. Green, January 1982) that the anti-gun ordinance is valid and constitutional and that Morton Grove was within its authority to adopt such a measure; possible appeal to Illinois Supreme Court pending.
Mar 2, 1983	Request for rehearing in the federal suit is denied by the Seventh Circuit U.S. Court of Appeals; Attorney Quilici readies his case for appeal to the United States Supreme Court.
May 1983	Petitions for hearing before the U.S. Supreme Court follow "castle doctrine" which was used before the Seventh Circuit U.S. Court of Appeals advocating that law-abiding citizens have the right to keep a handgun in their homes in accordance with the Second Amendment. Victor Quilici, the Second Amendment Foundation and the National Rifle Association have all recently filed separate cases with the U.S. Supreme Court.
Aug 1983	Morton Grove Village nears end of reservoir of funds (from the never-aired ABC television docudrama plus monies donated by Handgun Control, Inc.) to cover costs of legal battles surrounding the handgun ordinance.
Oct 3, 1983	U.S. Supreme Court refuses to hear case, leaving intact the decision by the U.S. Court of Appeals which ruled that Morton Grove's handgun ban did not violate citizens' right to keep and bear arms according to the Second Amendment.
Oct 3, 1983	Skokie rejects a controversial handgun ban ordinance by a 4-3 vote.
Oct 4, 1983	Illinois Supreme Court agrees to hear the NRA-backed challenge to the Morton Grove ban on possession of handguns; case is not expected to be on the docket before the January term. Case is based on charges that the ordinance violates Illinois' constitutional provisions on the right to bear arms.
Oct 21, 1983	Morton Grove Deputy Police Chief Lanning found "not guilty" of charges arising from his part in purchase of a service weapon for Deputy Sheriff Judy Flickinger.
Apr 16, 1984	Oak Park passes an ordinance banning handguns similar to Morton Grove's ban.
May 24, 1984	Morton Grove ordinance banning possession of handguns begins its hearing before the Illinois State Supreme Court(Justice Seymour Simon).
Oct 19, 1984	Ruling by the Illinois Supreme Court (Justice Seymour Simon) upholds the handgun ban in reference to the case filed in August 1981; in the ruling the majority of the court finds the ban constitutional and a proper exercise of the Village's home rule and police powers.
May 1985	HB 410 is introduced in the Illinois General Assembly that would repeal existing handgun bans and prevent all Illinois municipalities from imposing any type of regulations regarding firearms.
May 24, 1985	HB 410 falls one vote short of the 71 needed to pass; at the close of the House session in Springfield on Friday, May 24, HB 410 does not come up for a final vote and effectively dies.
May 1987	HB 1885 which would have prohibited local municipalities from establishing their own handgun regulations never makes it to a vote during the final legislative session in Springfield.
Feb 1988	Paint pellet guns are banned in Morton Grove.
Jun 27, 1988	Illinois Court of Appeals rules handguns are contraband and should not be returned even though obtained during an illegal search in 1987 case.
Mar 1994	Morton Grove Police Department sponsors first amnesty program for residents to turn in weapons legally; police collect 25 weapons during the program.
Feb 21, 1995	HB 568 is introduced in the Illinois General Assembly which would restrict local municipalities from enacting any laws governing handguns that are stricter than state regulations.
Mar 14, 1995	lllinois' new Republican-dominated General Assembly votes to advance HB 568.
Marh 21, 1995	Governor Jim Edgar threatens to veto HB 568 which would repeal local gun-control ordinances outside Chicago if fellow Republicans in the legislature approve the measure.
Mar 23, 1995	Wilmette Village Board votes unanimously to authorize legal action if necessary to preserve a local ban on the sale and possession of handguns. Morton Grove Trustee Don Sneider says Morton Grove may consider joining the suit if the pre-emption bill goes through. Final action on the bill now on its third reading in the Illinois House is expected before April 28.
May 1-5, 1995	HB 568 passes the Illinois House in the first week of May as a shell bill (a bill that is amended as it moves through the legislative process to ensure safe passage) 63 to 51. A spokesman for the Illinois Council Against Handgun Violence vows that affected communities will quickly challenge the law in the courts if the bill becomes law.

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