Dupage Policy Journal

Language in an Illinois gun control measure could accidentally allow the sale of explosive chemicals, according to Rep. Mike Fortner (R-West Chicago).

HB4117 would amend Criminal Code 2012 to prohibit the sale, production, purchase or handling of a trigger-modification device in Illinois, but it would also amend the Firearm Owners Identification Card (FOID) Act and make it easier to purchase dangerous chemicals, Fortner said during a lengthy debate on the bill sponsored by Rep. Martin Moylan (D-Des Plaines).

“It creates more loopholes than it currently has, and I would urge a 'no' vote,” Fortner said.

According to the bill’s language, “no person may acquire or possess any pre-packaged explosive components within this State without having in his or her possession a Firearm Owner's Identification card previously issued in his or her name by the Department of State Police.”

Fortner argued that because Moylan mentioned the sale of the chemical Tannerite when he introduced the bill, he brought the language of the bill into question.

“You reference Tannerite, and as I read this definition, it does not refer to that particular compound mixture but any two or three chemicals that when mixed together, and are not independently explosive, could be explosives,” Fortner said.

Moylan did not agree with Fortner's argument and argued that the language worked, specifically noting that he crafted the bill based on Senate Bill 315, which originated via a suggestion by the Illinois Association of Chiefs of Police. 

“This explicit loophole was provided to us by the FBI and Chiefs of Police,” Moylan said, adding that the bottom line is that buying two non-explosive mixtures that when combined are explosive requires a FOID card.

While Fortner ackowledged the basis of the bill, he still stressed his doubts.

“I understand there is some past history, but I am looking at this language fresh today, reading it because part of your introduction commented about this use of the FOID card and these premixed explosives,” Fortner said. “That is not what this language says. It doesn’t say to use them together; it says to buy them together. I think that this is not well thought out, and it is a wholly new use of the FOID card definition. I think this part in particular is not going to get to the goal the gentleman is trying to seek.”

HB4117 failed, 54-48.