(A) General provisions.
(1) Title. This section shall be known as the “Berwyn Firearms and Assault Weapons Control Ordinance.”
(2) Applicability.
(a) It is intended that this section shall pre-empt all county licensing, registration or other regulatory schemes for firearms, firearm ammunition, firearms dealers and assault weapons. As provided in Article VII, Section 6(c), of the State Constitution of 1970, if a county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction.
(b) It is specifically intended that this section shall pre-empt the County Firearms Dealer’s License and Assault Weapons Ban Ordinance as now in effect or as may be hereafter amended.
(c) Licenses issued pursuant to this section shall be issued separate and apart from any general business license issued by the city.
(B) Firearms dealer’s licensing.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF. The Chief of Police of the city.
CITY. The City of Berwyn, Cook County, Illinois.
DEPARTMENT. The Police Department of the city.
ENGAGED IN THE BUSINESS. Has the same meaning as in 18 U.S.C. § 921(a)(21).
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:
1. Any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile, not exceeding .18 of an inch in diameter or breakable paint balls containing washable marking colors;
2. Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
3. Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; or
4. An antique firearm (other than an assault weapon) which, although designed as a weapon, the Department of State Police finds, by reason of the date of its manufacture, value, design or other characteristic, is primarily a collector’s item and is not likely to be used as a weapon.
FIREARM AMMUNITION. Any self-contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, excluding, however:
1. Any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
2. Any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.
FIREARMS DEALER. Any federally licensed firearms dealer, excluding any person licensed solely as a collector pursuant to 18 U.S.C. § 923(b) and possessing only a Type 03 federal license, but including any person engaged in the business of repairing or servicing firearms.
MAYOR. The Mayor of the city.
PERSON. Any individual, public or private corporation, partnership, firm, society or unincorporated association.
(2) License required.
(a) No person shall engage in the business of dealing in firearms at an address within the corporate limits of the city without having applied for or obtained a city firearms dealer’s license pursuant to this section by January 31, 1995. A city firearms dealer’s license shall be required in addition to any other city license or permit required by law. All applicants for a city firearms dealer’s license must possess a valid federal firearms dealer’s license and valid state retailer’s occupational tax certificate. Possession of a valid federal firearms dealer’s license shall be deemed proof of being engaged in the business of dealing in firearms in the city and thus requiring a city firearms dealer’s license. An applicant for a city firearms dealer’s license shall meet all other applicable city ordinances and regulations.
(b) Any person who becomes a federally licensed firearms dealer after November 22, 1994, and is required under this section to obtain a city firearms dealer’s license, shall apply for the license within 45 days of receipt of the federal firearms dealer’s license.
(c) A firearms dealer is permitted on any commercially zoned property within the city.
(d) Any person licensed under federal law at more than one location within the corporate limits of the city must obtain a city firearms dealer’s license for each individual location. A separate application and license fee is required for each location.
(e) No license issued under this section shall be transferable or assignable to any other person or any other location.
(3) Authority of Mayor regarding license administration.
(a) The Mayor of the city shall administer the licensing of firearms dealers and shall approve or deny all applications for licenses and revoke existing licenses pursuant to this section.
(b) The Mayor shall promulgate reasonable rules, definitions and regulations necessary to carry out the duties imposed by this section, including but not limited to developing reasonable procedures consistent with existing practices of licensing persons engaged in the business of dealing in firearms, and including seeking the assistance of the City Police Department or other law enforcement agencies as necessary, to conduct investigations or inspections in connection with licensing.
(c) Any rules or regulations promulgated under this section shall be filed in the Police Department’s principal office and in the office of the City Clerk and shall be made available for public inspection. Copies shall be made available upon request and payment of a reasonable fee as determined by the Department or the City Clerk to cover the cost of providing the copy.
(4) License fee. The annual fee for a city firearms dealer’s license shall be $100.
(5) License application; issuance of license.
(a) All applications for a license under this section shall be made in writing to the Mayor on a form provided for that purpose. In addition to any other information required by the Mayor, each application for a license shall contain:
1. The applicant’s full name, residence address and the address and telephone number where the person is engaged in the business of dealing in firearms;
2. If the applicant is a corporation, the corporate name, business and principal place of business of the applicant; the date and state of incorporation; and the names and residence addresses of the corporate officers and its registered agent; and
3. If the applicant is a partnership, the name and business address and telephone number of the principal office or place of business; the names, addresses and telephone numbers of all partners; and the name, address and telephone number of a person authorized to receive notices issued pursuant to this section.
(b) The Mayor shall not issue a city firearms dealer’s license to any person who fails to provide proof of a valid federal firearms dealer’s license and a valid firearm owner’s identification card issued by the state.
(6) Denial of application; revocation or suspension of licenses; appeals.
(a) The Mayor may deny an application for a license if the applicant fails to provide the information required by, or is otherwise not in compliance with, any provision of this section or any applicable rules or regulations. The denial shall be in writing and shall state the reasons for the denial. Any person seeking to appeal the denial may do so by filing a written request for a hearing with the Mayor. The request must be filed within 30 days of the denial, and a hearing must be held within 30 days of the receipt of the request. The hearing shall be conducted in accordance with the procedures provided herein.
(b) The Mayor may revoke or suspend the license of any person who violates any provision of this section or the rules or regulations adopted pursuant to this section. Before any revocation or suspension is effective, the licensee shall be notified by certified mail or personal delivery of the specific basis for the suspension or revocation and the date for a hearing on the matter. The hearing shall occur not fewer than seven days and not more than 14 days after the mailing of the notice. The hearing shall be conducted in accordance with the procedure provided herein.
(7) Hearing procedures.
(a) If a person wishes to appeal the denial of a city firearms dealer’s license, or in the event of a revocation of a city firearms dealer’s license, the Mayor shall appoint a hearing officer who shall conduct the hearing. The Hearing Officer is authorized to conduct hearings concerning any matter covered by this section and may determine factual and legal matters raised by the parties to the hearing.
(b) The Hearing Officer may:
1. Examine any books, papers, records or memoranda bearing upon the business or activities of the licensee;
2. Request the Circuit Court to issue subpoenas requiring the attendance of any person having personal knowledge of any contested issue;
3. Request the Circuit Court to issue subpoenas duces tecum for the production of books, records, papers or memoranda;
4. Administer oaths;
5. Take testimony;
6. Make rulings as to the admissibility of evidence; and
7. Take any other action as may be required for the expeditious conduct of the hearing.
(c) The Hearing Officer is not bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony or receiving evidence shall invalidate any order, decision, ruling or recommendation of the Hearing Officer or the final administrative decision of the Mayor.
(d) The Police Department’s books, papers, records and memoranda or parts thereof may be proved in any hearing or legal proceeding by the original documents or by a reproduced copy under the certificate of the Chief of Police. Without further proof, the original documents or a reproduced copy shall be admissible as evidence at any hearing.
(e) If the Circuit Court issues a subpoena duces tecum, the following rules shall apply:
1. Service shall be made as provided by the State Civil Practice Law, ILCS Ch. 735, Act 5, §§ 2-201 et seq.;
2. Fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the Circuit Court of the county and shall be paid after the witness is excused from further attendance; and
3. When a subpoena or subpoena duces tecum is issued at the insistence of either party, the Hearing Officer may require that party to bear the cost of services and witness fees. The Hearing Officer may require a deposit to cover the cost of service and witness fees.
(f) Any party to a hearing may apply to any judge of a Circuit Court of this state for enforcement of any subpoena or subpoena duces tecum issued by a Hearing Officer holding a hearing authorized by this section.
(g) At any hearing, held under this section, the Mayor’s initial decision to deny or revoke a license shall be presumed prima facie correct, and the person contesting the decision shall have the burden of proving with books, records and other documentary or testimonial evidence that it is incorrect.
(h) At the conclusion of the hearing, the Hearing Officer shall make a recommendation to the Mayor. The Mayor shall adopt, reject or modify the recommendation based on a review of the record within seven days of receiving the recommendation and shall issue a final decision. The Mayor shall give written notification to the licensee of the decision and the reasons for the decision. The Mayor’s decision shall be a final decision reviewable under § 3-101 of the Illinois Administrative Review Law, being ILCS Ch. 735, Act 5, §§ 3-101 et seq.
(i) A person seeking judicial review of the Mayor’s final decision shall bear the cost of certification. If the protesting party prevails on appeal, the city shall reimburse that party for the cost of certification.
(j) Items constituting the record may include notices and demands; the initial decision; the written protest and petition for hearing; all relevant pleadings, briefs and memoranda of law; evidence admitted at the hearing; the transcribed testimony given at the hearing; the recommendation of the Hearing Officer; and the final decision of the Mayor.
(8) Prohibited sales.
(a) The sale of firearms within a quarter of a mile of the grounds of a school or public park is prohibited. Each sale in violation of this division shall constitute a separate and distinct violation.
(b) The prohibition set forth in division (B)(8)(a) hereof shall not apply to otherwise lawful sales of firearms in compliance with applicable city, state and federal law by the following:
1. A firearms dealer licensed pursuant to city ordinance at his or her licensed place of business; or
2. A private citizen on private property.
(C) Assault weapons.
(1) Assault weapon defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ASSAULT WEAPON. Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically, more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any weapon, any part designed and intended for use in converting a weapon into a machine gun, any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.
(2) Sale prohibited; exceptions; violations.
(a) No person shall sell, offer or display for sale, give, lend, transfer ownership of, acquire, possess, manufacture or distribute any assault weapon within the corporate limits of the city. This division shall not apply to:
1. The sale or distribution, or the possession for sale and distribution, by an appropriately licensed firearms dealer, of an assault weapon to any officer, agent or employee of the city or of any other municipality, county, body politic or state or of the United States, to members of the armed forces of the United States, to the organized militia of this or any other state, and to peace officers, to the extent that any person is otherwise authorized to acquire or possess an assault weapon and is acting within the scope of his or her duties; and
2. The lawful transportation of assault weapons if the weapons are broken down and in a nonfunctioning state and are not immediately accessible to any person.
(b) Any assault weapon possessed, sold or transferred in violation of division (C)(2)(a) hereof is hereby declared to be contraband and shall be seized and disposed of in accordance with the provisions of division (C)(3) hereof.
(c) Any person who, prior to the effective date of this division, was legally in possession of an assault weapon prohibited by this section shall have 14 days from the effective date of this division to do any of the following without being subject to prosecution hereunder:
1. To remove the assault weapon from within the limits of the city;
2. To modify the assault weapon, either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon; and
3. To surrender the assault weapon to the Chief of Police of the city or his or her designee for disposal as provided below.
(3) Destruction of surrendered or confiscated weapons; records. Whenever any firearm or ammunition is surrendered or confiscated pursuant to the terms of this section, the Chief of Police shall ascertain whether the firearm or ammunition is needed as evidence in any matter. If the firearm or ammunition is not required for evidence, it shall be destroyed at the direction of the Chief of Police. A record of the date and method of destruction and an inventory of the firearm or ammunition so destroyed shall be maintained.
(1999 Code, § 838.03) (Ord. 94-46, passed 11-22-1994)