Chicago City Wire

Andrew Guadarrama, a 26-year-old Chicago resident spoke about his concerns about HB 5855, also known as the Protect Illinois Communities Act.

He was one of several gun rights advocates who spoke out on the issue during a Dec. 15 hearing by the House Judiciary Committee. Guadarrama said gun violence has been a problem in Chicago his entire life. 

“While I do understand why we're here today, you're here to speak about the violence that happens all throughout Chicago and the state as a whole,” he told the committee. 

“It's impacted me personally, my whole life as well, living in the east side of Chicago – not to be confused with East Chicago, Illinois – but also living in various neighborhoods and dealing with violence used with firearms through my life.” 

“The bill itself, 5855 Protect Illinois Communities Act, my concerns with it is just that while the name itself seems innocent, there are concerns with it as being unconstitutional," Guadaramma said. "It doesn't protect citizens in the immediate or possibly long term, and it doesn't reinforce current laws or regulations that are in place. We already have a point firearm ownership ID, for example, and that was meant to restrict people that should not have access to firearms. But time and time again, people that had passed when they shouldn't have got through, people that should have had their firearms ID card restrained have not. And they're still able to buy firearms and ammunition.” 

Guadarrama reminded committee members of Chicago’s former gun ban. 

“Chicago had a firearms ban that lasted over 20 years and crime still persisted.  The people would not save lives as people with ill will will still commit them. Criminals do not follow laws. To disarm the people would not defend Illinois communities,” he said.

The House Judiciary Committee has seen debate of the HB5855 in two public hearings and will hold a third on Dec. 20 before taking it to a House vote anticipated for the new year. A Dec. 12 hearing was mainly limited to proponents of the bill, including victims of gun violence and medical professionals treating gun violence victims. 

The Dec. 15 hearing allowed for gun rights advocates to speak. Despite critics who say the bill is unconstitutional, a Democratic super majority in the General Assembly is likely to pass the bill. 

Organizations such as the Illinois Rifle Association have vowed legal action should HB5855 pass. Proponents say It would be the most restrictive gun law in the United States. 

House Minority Leader Tony McCombie (D-Sterling) said the bill is unconstitutional. “While HB 5855 is likely far from in its final form, the constitutionality of the bill will certainly go before the courts,” McCombie told Prairie State Wire. 

Guns Save Life founder John Boch spoke out against the legislation. He said that HB 5855 would criminalize the owners of semi-automatic weapons and will bring out pro-gun sentiment. “I think this bill is going to be what’s gonna wake up the sleeping giants who say ‘hey, no, we’ve had enough. You never are satisfied by taking little pieces so we’re going to take a bigger chunk of the pie back this time,’” Boch told WMAY. “(Bill sponsor Rep.) Bob Morgan (D-Deerfield) is going to lose in court, and not only is he going to lose this, but I anticipate he’s going to get a whole lot of Illinois gun laws that are currently on the books struck, and that’s going to lead to a much safer society for all of us from criminals.”

Critics have argued the legislation will criminalize regular Illinoisans and have little effect on criminals. “I would say it’s somewhere between two and 10 million magazines, and it’s a massive impact,” Dan Eldridge, of gun dealers’ association Federal Firearms Licensees of Illinois 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.”