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Wednesday, May 8, 2024

McCombie: ‘HB5855 is unconstitutional and it will be challenged in court immediately if passed and signed by the Governor’

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Rep. Tony McCombie (R-Savanna) | Facebook

Rep. Tony McCombie (R-Savanna) | Facebook

House Minority Leader Tony McCombie (R-Savannah) is asking Illinois residents to file witness slips against a piece of gun legislation being considered in the General Assembly. 

HB5855 would make many types of commonly owned guns illegal. 

“PSA! I am not going to get into the obvious issues with HB5855 but ask you to fill out a witness slip. I am not an attorney, but there is no question that HB5855 is unconstitutional and it will be challenged in court immediately if passed and signed by the Governor,” McCombie said on Facebook. “Some say they want to push this bill to be passed early January, but the Governor stated that he would like the legislation signed by July of 2023... so who knows! Below is how you would sign a typical witness slip, but also attached is the actual slip for HB5855 as it is hard to navigate in ILGA. Currently: 13,238 opponents, 7192 proponents and 42 no position.” 

McCombie provided the link to the Illinois 102nd General Assembly witness slip and a step-by-step guide on how to fill out the form.

“Your voice does matter and needs to be heard!" McCombie said as she thanked the public.  

State Rep. Bob Morgan (D-Deerfield) is the primary sponsor of HB5855, a bill that would make the possession of several types of firearms and accessories illegal. “Makes it unlawful to manufacture, deliver, sell, or purchase or cause to be manufactured, delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits the manufacture, delivery, sale, purchase, or possession of large capacity ammunition feeding devices,” the bill’s synopsis reads in part. The bill was referred for a hearing in the Rules Committee where it will likely see a debate in January. It has picked up over 20 Democratic co-sponsors since being filed.

Illinois already has the sixth most restrictive gun laws in the country and some of the worst instances of gun violence, according to Everytown Research and Policy. Opponents say HB5855 would likely mean the most restrictive environment for lawful gun owners in the history of the country. Throughout the years, the state has placed various regulations on gun ownership governing.com reported.

Morgan was at the Highland Park shooting in July where seven were killed and over 48 individuals were wounded after a gunman opened fire. In that instance, the alleged gunman, Robert Crimo III, was issued a gun permit by the Illinois State Police despite having red flags on his record for mental illness and instances of violence, which many are calling a failure of the governor’s office. “Had the Pritzker administration done what they said they were going to do, which was to review and make sure laws already on the books were being implemented more effectively, the tragedy in Highland Park might never have occurred,” Sen. Donald DeWitte (R-St. Charles) said in a statement, The Pantagraph noted.

Dan Eldridge's gun dealers’ association, Federal Firearms Licensees of Illinois, is warning HB5855 would criminalize ordinary Illinoisans. “I would say it’s somewhere between two and 10 million magazines, and it’s a massive impact,” Eldridge told The Center Square. “These are the standard magazines that come with a duty-sized pistol even, they’re the standard magazines that come with a rifle. These are not aftermarket extended capacity magazines.” “With an immediate effective date, mere possession of a, and I’m not going to use their words, I’m going to use accurate words, mere possession of a standard-capacity magazine is a crime. There’s no getting around that. So you’ve got Second Amendment issues. You’ve got Fourth Amendment issues. You’ve got Fourteenth Amendment issues. You can’t do this.”

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