Firearms dealer, firearms trainer, and individuals brought action against county seeking declaratory and injunctive relief, challenging county code provisions regulating “ghost guns” lacking serial numbers, expanding prohibitions on carry of firearms within 100 yards of a place of public assembly, and removing exception to place-of-public-assembly restriction for carriers of state-issued wear-and-carry permits as preempted by state law, constituting a general, not local, law, and effecting an unconstitutional taking.
County removed case to federal court, which remanded three counts to state court. The Circuit Court granted challengers’ motion for summary judgment and granted declaratory and injunctive relief. County appealed. The Appellate Court reversed in part and remanded. Certiorari was granted.
The Supreme Court held that:
- Provision identifying parks, places of worship, schools, libraries, courthouses, and legislative assemblies, both publicly-owned and privately-owned, as “places of public assembly” was authorized by state law;
- Provision prohibiting possession of firearms within 100 yards of recreational facilities, multipurpose exhibition facilities, and polling places was not preempted;
- Provision prohibiting possession of firearms within 100 yards of hospitals, community health centers, long-term care facilities, and childcare facilities was preempted;
- Provisions regarding minor access to firearms were authorized by state law;
- Provision prohibiting purchase, sale, transfer, possession, or transport of a “ghost gun” in the presence of a minor was not authorized by state law;
- Provisions that expanded definition of a place of public assembly and eliminated exception for wear-and-carry permit holders in those locations were not “local laws” that county had authority to enact under Home Rule Amendment; and
- County’s regulation of “ghost guns” did not constitute a taking of gun owners’ property under state constitution.