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Lyons OKs 'unprecedented' gun shop regulations
In an attempt to curb the number of illegal firearms that flow from southwest suburban Lyons to Chicago, the village passed an ordinance Tuesday requiring its lone gun shop to keep extensive records of the weapons it sells and to report unusual activity to local authorities.
Midwest Sporting Goods, which has operated a gun store in Lyons for more than 50 years, must follow an unprecedented set of rules, such as maintaining a "do not sell" list of customers whose weapons have been traced to a crime. In addition, the gun shop will have to report to authorities the names of anyone who attempts to purchase a gun illegally.
The ordinance was passed as part of a settlement in a lawsuit filed in July by Chicago anti-gun activists who claim that Lyons is one of three suburbs from which a disproportionate number of guns are recovered at crime scenes in Chicago. The other two suburbs — Riverdale and Lincolnwood — were not part of the settlement, and the lawsuit against them continues in Cook County Circuit Court.
The settlement comes in the midst of ongoing battles over gun control in Illinois, pitting those who claim that greater restrictions and oversight over gun purchases is essential to curbing violence against those who insist that strict laws violate Second Amendment rights. Some officials called aspects of the agreement "unprecedented."
"This is about being practical and proactive to prevent the sale of guns to the wrong people," said Lyons Mayor Christopher Getty. "The village stands firmly behind our gun shop. We believe they are great operators, but at the same time we did feel more regulation was required."
Attorney Michael Persoon, who represents the lawsuit's plaintiff, the Coalition for Safe Chicago Communities, said Lyons would be dropped from litigation.
"This ordinance shows that once again there is no problem that is so intractable that we can't do something about it when we put our mind to it as a society," Persoon said. "What it takes is the political courage to confront a problem and the political will to do something about it."
The coalition, whose members include activists such as the Rev. Michael Pfleger and Annette Nance-Holt, a Chicago mother whose teenage son was killed on a CTA bus in 2007, filed the lawsuit to target straw buyers and gun trafficking. The ordinance, however, goes beyond what was sought in the lawsuit, officials said.
Effective immediately, the gun shop will have to keep electronic records of anyone who purchases more than one firearm within a 12-month period. All records and documents, including completed forms, must be turned over to local law enforcement within 48 hours if the gun shop dealer determines that the potential buyer is not a "valid or lawful" purchaser.
In addition, the law requires the shop to maintain a digital "do not sell" list of people who purchased a gun that was later traced to a crime. Each gun shop employee must hold a valid firearms owner's identification card. And the shop must audit all inventory and report any loss or discrepancy to the village within 48 hours of discovery.
The ordinance also requires local law enforcement, with the help of the Cook County sheriff's office, to conduct two inspections a year at the gun shop, in addition to the annual inspection by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The gun shop also will be required to install sufficient exterior lighting, surveillance cameras, cameras reporting the point of sale and alarm systems.
Failure to comply could result in a fine, suspension or revocation of the business license.
An ATF study in 2012 found that 29 percent of the guns recovered on Chicago's streets from 2008 to the end of March 2012 were bought in Cook County's suburbs. A gun store in Lyons and another in Riverdale accounted for more than 10 percent of those guns.
Getty said the village was careful not to do anything that would put the longtime family-owned gun shop out of business. He said Midwest was receptive to village officials as they crafted the ordinance.
In a statement, the company said it was committed to working with the village.
"Under the new Lyons ordinance, we look forward to cooperating fully with the Lyons Police Department and all enforcement agencies to identify, report and ferret out any improprieties relating to firearms," Midwest said in the statement posted on its website. "We welcome all lawful purchasers of sporting good to our business. We warn any persons who do not intend to follow all lawful procedures to stay away."
Village Attorney Burton Odelson said the National Rifle Association helped advise Midwest as officials crafted the new ordinance.
However, Richard Pearson, executive director of the Illinois State Rifle Association, said he doesn't support the ordinance and is concerned that there are pitfalls in it for dealers and buyers, particularly with the "do not sell" list.
"That person may not have had anything to do with the crime. Maybe their firearm was stolen," said Pearson, referring to someone whose gun may have been used in a crime. "Legitimate gun owners could go on the list and they didn't do anything wrong."
While the sheriff's office was not involved in the settlement negotiations, it has agreed to work with the village and the Police Department in carrying out aspects of the ordinance, according to Cara Smith, chief strategist for Cook County Sheriff Tom Dart.
"The village is enacting an ordinance that will provide for unprecedented additional oversight over gun shops in the village of Lyons," Smith said. "Certainly the gun dealers our office have worked with in no way want to be associated with the violence that wreaks havoc on our streets. This ordinance positions them as a very responsible law-abiding gun dealer."
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