Eliminating Firearm Retailers

Following the lead of other gun hating / gun control states, the freshly elected Democratic Governor of Illinois has signed a new Gun Dealer Licensing law. Not content with firearms retailers already being one of the most heavily regulated industries, closely monitored by the ATF (Alcohol, Tobacco, Firearms & Explosives), the new governor has created a licensing scheme guaranteed to do one thing and one thing only, eliminate firearm retailers in the State of Illinois. 

The purported intent of this law is to enhance “responsible business practices” and uses as justification that the ATF is far too busy to keep a close enough eye on Illinois’s approximately 2400 Federal Firearm Licensees (FFLs). It also claims the ATF lacks the authority to enforce the kind of “responsible business practices” the State of Illinois thinks should be implemented on the state’s firearm retailers. 

Among the many things the $1500 five year state license gets a firearm retailer are increased record keeping requirements including electronic inventory and sales records linked to the State, the need for increased security systems including 90 days storage of video surveillance – reviewable by law enforcement at any time, mandatory training and annual in-service training for the owner and all employees, interviews for approval from the State, the right of denial by the local law enforcement agency, specifically worded legal signage in one inch high letters, state mandated zoning limitations and of course, unannounced inspections and review of all business operations.  All additional cost and administrative burdens firearm retailers must now bear. 

Like most gun control measures, this is being sold as a “public safety” law without any proof that any of the things it requires will actually increase public safety. It all plays into the myth that firearm retailers are the cause of violent crime solely because they legally sell firearms. 

Ignored are numerous statistics proving criminals don’t buy their guns legally. Even the recent study by the U.S. Department of Justice (DOJ) has found that the vast majority of criminals armed with firearms obtained their guns from a place other than a gun shop or gun show.  The evidence revealed that only 1.3 percent of prisoners who committed crimes with firearms had obtained them through a retail sale.

The Illinois State Rifle Association and the National Rifle Association have called this unprecedented and have promised a lawsuit.  Unfortunately, it’s a little too little, a little too late.  The precedent has already been set by other states. 

For those of us who work in the firearms industry in California, this is old news. The State has long since licensed firearm retailers and by implementing its electronic DROS (Dealer Record of Sale) system has registered the buyer, seller and firearm information of every transaction for years.  

But wait, there’s more!! The Illinois Gun Dealer Licensing law specifically calls out that there is nothing that prevents local jurisdictions from implementing further restrictions and regulations. Again, this is nothing new to those of us in California. 

Local anti-gun cities have been enacting their own firearm retailer licensing schemes, each with redundant or additional security, record keeping and inspection requirements. All of which require local political approval and additional costs. The justification being used is that the ATF and the State licensing agencies are far too busy to keep an eye on all the FFLs in the area. 

But that’s not all!! The latest trend in the most progressive anti-gun municipalities – my hometown included – is to funnel any new firearm retailers through the local Conditional Use Permit process, a politically based ‘feel good’ process that has no clear definitions of what is needed to be approved and can be denied just because the local NIMBY (Not In My Back Yard) crowd doesn’t want a new gun store in town. 

All of this has one purpose and one purpose only. By making it so costly, so complex and so easy to make an administrative mistake in the myriad regulations from so many licensing authorities that firearms retailers will simply be run out of business. 

The City of San Francisco, CA is held up as a model city when it comes to firearm dealers. Its comprehensive package of ordinances, designed to “ensure that local firearms dealers utilize common sense and responsible business practices”, has had the exact impact intended – the last firearm retailer in the city closed in 2015. 

The San Francisco supervisor who wrote the ordinance that finally drove the store to close had this to say: “From my perspective, if the last gun store in San Francisco wants to close its doors because of my legislation, so be it,” he said. “This store sold over 1,000 guns each year. I would much rather have a preschool or coffee store in the neighborhood than a gun shop.”

So there you have it; firearm retailers are being driven out of business one by one, state by state, community by community. Does this impact your Second Amendment rights? So far the courts have said no since you have other buying options in other communities. But what happens when they are gone too? What happens when your entire state has been purged of firearm retailers and the law says you can’t buy firearms out of state? 

If you think it can’t happen, look to our neighbors to the south. Mexico has one, and only one legal firearm retailer. The Directorate of Arms and Munitions Sales is outside Mexico City and run by the Mexican Army. Funny thing is Mexico’s Constitution also guarantees the right to bear arms. But years and years of limitations and regulations – all in the name of “public safety” have restricted firearms so heavily that almost nobody can buy one legally.  And you can see for yourself the type of “public safety” the Mexican people now enjoy. 

How “safe” do you have to feel before you help stop the erosion of your Second Amendment rights?

Bob

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