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Gun Registry

Originally Posted on March 19, 2020

TO: ILLINOIS DEPARTMENT OF LABOR
FROM: CHICAGO FRATERNAL ORDER OF POLICE

PRESIDENT KEVIN GRAHAM

DATE: 18 MARCH 2020
RE: RIGHT TO PRIVACY IN THE WORKPLACE
______________________________________________________________________________

This Exhibit A is to be read in conjunction with the complaint filed. The Chicago Fraternal
Order of Police Lodge 7 (“FOP”) is the bargaining unit of all police officers and detectives of the
Chicago Police Department. The City of Chicago had an ordinance that required all citizens to
register their firearms with the city. This ordinance was applied to both police officers and
private citizens. Under Chicago Police Department General Order U04-02 II-L, Uniform and
Property, all members of the Chicago Police Department were required to “register all duty and
non-duty firearms with the Department.” Illinois was forced under the Illinois Supreme Court
decision of People v. Aguilar 2 N.E. 2d 321 (Ill. 2013), to enact a concealed carry statute. The
state legislature then enacted a concealed carry law. Firearm Concealed Carry Act 430 ILCS 66.
The Act specifically left the registration requirement of firearms to be determined by the State of
Illinois. 430 ILCS 66/90. The City of Chicago General Assembly recognized that it would be a
violation of state law to enforce the registration of firearms and repealed the local statute.
However, the Chicago Police Department has taken the position that officers must still register
all of their weapons, be it a duty weapon, an off-duty weapon, or a sporting rifle with the
Department. This is clearly a violation of state law as the above statute states “[a]ny ordinance
or regulation” that attempts to impose “registration” shall be invalid. Only the State of Illinois
can require the registration of firearms, not the City of Chicago. There clearly is an equal
protection violation as to how the City of Chicago can treat similarly situated citizens differently.
Furthermore, the Firearms Owners’ Protection Act of 1986 was a federal statute enacted by the
United States Congress, and made it illegal for the national government or any state in the
country to keep any sort of database or registry that ties the firearms directly to their owner.
While it is true that this law has been interpreted in many different ways, the general intent of the
Act clearly prohibits firearm registration.
The FOP’s members can also seek relief under state law. 820 ILCS 55/5 prohibits an employer
from discrimination when it comes to their employees use of lawful products. Under said Act,
“it shall be unlawful for an employer to refuse to hire or to discharge any individual, or otherwise
disadvantage any individual, with respect to compensation, terms, conditions or privileges of

employment because the individual uses lawful products off the premises of the employer during
nonworking and non-call hours. As used in this Section, "lawful products" means products that
are legal under state law.” Id. The members of the Chicago Fraternal Order of Police are being
required to register all weapons that they use on or off duty for sport, hunting and self-defense.
The Department requires that these weapons be registered, even if it is a hunting rifle that is kept
out of state. There is no rational basis for this general order and if the weapon is ‘legal under
state law’ then it is unlawful to require registration as it disadvantages the officer with respect to
their conditions of employment. The Act allows for a $200 fine plus costs, reasonable attorney's
fees, and actual damages if the employer is found to willfully have violated the Act. 820 ILCS
55/15 (d). On 24 January 2020 the FOP’s gave the City of Chicago notice that it was violating
the Act, the continued requirement is willful and each member should be entitled to $200 and
actual damages, if the City of Chicago persists in requiring registration for all weapons.
As such we are demanding that the registration general order be immediately rescinded. If the
City fails to take action, we are requesting a right-to-sue letter allowing the FOP to file the
appropriate action in the Circuit Court of Cook County seeking injunctive relief and monetary
damages.

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