Second hearing on bill raising FOID card age, banning ‘assault weapons’ focuses on data behind gun violence

By Ben Szalinski for The Daily Line

December 16, 2022

A proposal to ban semi-automatic weapons, large capacity magazines and raise the age for owning a Firearm Owner Identification (FOID) card to 21 received a second hearing in a House committee Thursday that focused on data behind gun violence.  

The hearing on HB5855 in front of the House Judiciary- Criminal Committee was the second of three hearings being hosted this month to give lawmakers a chance to hear a variety of testimony on the high-profile legislation. After the first hearing focused on victims of gun violence, Thursday’s hearing featured testimony from experts and activists who explained data behind gun violence.  

Lawmakers heard data from top experts who explained how gun violence varies across the state and what kinds of firearms are used in shootings. Between 2011 and 2020 St. Clair, Vermillion and Massac counties had the highest gun death rates while Cook County was sixth, Illinois Criminal Justice Information Authority Executive Director Delrice Adams told the committee. She added that while urban counties have higher rates of firearm homicides, rural counties have higher rates of firearm suicides.   

“Communities suffering the most from gun violence are often systemically marginalized and have historically lacked state and federal investment in the community,” Adams said.   

Adams added the nation has seen a 500 percent increase in mass shootings since the federal “assault weapons” ban expired in 2004.   

“When an assault weapon or high-capacity magazine is used in a public mass shooting, almost 14 times as many people are injured and twice as many people are killed,” Adams said.   

Kim Smith, program director at the University of Chicago crime lab, argued Chicago’s already-strict gun laws would work if the state and federal government had stronger gun laws.   

“Without the presence of a gun, altercations would still happen but they would be far less likely to result in death,” Smith said.  

Joseph Saunders, a South Side activist from BRAVE Youth Leaders, agreed semi-automatic weapons shouldn’t be on the streets. But he said there are more reforms needed beyond legislation targeting guns, noting that even in prisons where weapons aren’t present, people still find ways to hurt others.  

“I’m all for the banning of assault weapons… for this ban to take effect, we got hearts that need to be changed, minds that need to be changed so that they won’t pull the trigger,” Saunders said. “Because if all guns were non-exist and if the heart and mind is not changed… they’re going to go with bats, they’re going to go with knives, they’re going to pick up screwdrivers.”   

Others noted communities that are receiving funding for violence prevention programs have seen a decrease in gun violence. Illinois Department of Human Services Office of Firearm Prevention Assistant Secretary Chris Patterson said some parts of Chicago’s Austin neighborhood that have received anti-violence investments have seen shootings decrease by 70 percent. However, he said “assault weapons” are still having an adverse effect on progress against gun violence.  

“The influx of assault-style weapons and high-capacity magazines designed for war are the tools used not only in mass shootings but in day-to-day gun violence being played out in cities across this great state,” Patterson said.   

Leo Smith from Chicago CRED provided further insight on gun violence in Chicago explaining one-third of shootings in the city have multiple victims, but shootings with one victim are down 20 percent. And when a person who uses a gun decides to stop using it, Smith said that doesn’t mean they are safe. He explained data has shown people are still at risk of being targeted in a shooting for 18-24 more months after they put down a gun.   

Lawmakers heard pushback from witnesses for the first time Thursday as well from witnesses who argued the bill would make problems with gun violence worse.  

Artinese Myrick from Live Free Illinois said she supports the idea of banning “assault weapons,” but believes the bill in its current form could lead to more criminalization of people of color.  

“We are in support of an assault weapons ban and large capacity magazine limits, however, we strongly oppose any proposed legislation that will further criminalize Black and brown communities,” Myrick said. “We are opposed to penalty enhancements in Black and brown communities, and we are opposed to the FOID card age limit being raised to age 21. We are not arguing 18-year-olds need assault weapons, but we are concerned law abiding victims can be wrapped up in the system if they are not able to obtain weapons with the proper channels.”   

A witness to the Highland Park shooting also spoke against the bill. Andrew Avalos of Waukegan said he was at the parade walking with a political candidate and saw the carnage of the mass shooting. He explained he is a gun owner and he carries because he “respects life” and understands there other people who obtain guns who don’t “respect life.”  

“I understand why you think that your bill is going to help. It’s not,” Avalos said.  

Lawmakers had a brief debate among themselves over how effective the legislation would be if passed and House Minority Leader-elect Tony McCombie (R-Savanna) pressed Democratic sponsors of the legislation about whether the bill will include or be a precursor to a handgun ban.   

“The reason I asked about the handguns is because more crime is committed with handguns,” McCombie said. “I’ve heard [in the hearing] that guns are the cause, and if handguns are the cause and not the person wielding the gun, that is why I ask that question.”   

But the bill’s sponsor, Rep. Bob Morgan (D-Deerfield), and Rep. Kathleen Willis (D-Addison) said banning handguns are not part of lawmakers’ plans.   

“This legislation is not going to address the root causes of gun violence,” McCombie said. “[It] will ultimately leave our neighborhoods, our communities and women across Illinois vulnerable to be unprotected and victimized… if this passes, it’s going to be ineffective and unconstitutional.”   

But Democrats stood firm in support of the bill.  

“There is no place for private ownership of assault-style weapons,” Willis said. “I think that is something that is not going to protect your home, a handgun possibly could be used appropriately.”  

Rep. La Shawn Ford (D-Chicago) added that Democrats don’t expect passing this bill to solve Illinois’ gun violence problem but hope that it will contribute to decreasing deaths from gun violence.  

The committee is set to meet again Tuesday for the final time before the lame duck session begins on Jan. 4. More advocates, victims and experts, including Illinois State Police Director Brenden Kelly, are expected to testify.