HomeMy WebLinkAbout8.1 1st reading of AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES AND OCCUPATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOISSubject
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AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS,
BUSINESSES AND OCCUPATIONS" OF THE VILLAGE CODE OF
MOUNT PROSPECT, ILLINOIS
June 2, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT
VILLAGE BOARD
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NEW BUSINESS
Action Item
Zastava Arms, LLC and Redstar Ordnance, LLC (the ""Petitioner") are requesting amendments
to Chapter 11 of the Mount Prospect Village Code to establish local regulations regarding the
retail sale of firearms within the Village. Specifically, the proposed amendment would prohibit
the retail sale of firearms within one-fourth (0.25) mile of a school and its campus or a public
park, clarify that the Cook County Deadly Weapons Dealer Control Ordinance does not apply
within Village limits, and establish penalties for violations.
The requested text amendments were initiated in connection with the property located at 105
Weiler Road. More than four years ago, Zastava Arms first approached the Village regarding
the potential purchase and occupancy of the property for wholesale/import, manufacturing,
and distribution operations rather than a traditional public -facing retail firearm dealer use. At
the time, the business was operating out of Des Plaines and represented that it intended to
relocate its operations to Mount Prospect following acquisition and renovation of the Weiler
Road property.
Following review, staff determined the proposed operations to be permissible within the I-1
Limited Industrial District. The business subsequently proceeded with the purchase of the
property, completed renovations and tenant improvements, and obtained the necessary
permits and a general business license from the Village. The Petitioner has continued
operating out of its Des Plaines location during the renovation and transition process.
However, with the Des Plaines lease set to expire in July, the Petitioner is now attempting to
complete its relocation to Mount Prospect but has been unable to obtain final approval for
licensure due to the conflict between Cook County's firearms ordinance and the Village's
current code structure.
The Village Code is currently silent regarding firearm -specific licensing classifications and
operational regulations, including distinctions between retail firearm dealers and
manufacturing, importing, or wholesale firearm -related businesses. As a result, Cook County
has interpreted and applied its own firearms licensing ordinance and associated one (1) mile
separation requirements to the property. If imposed, County requirements would prohibit
operation of Zastava Arms and Redstar Ordnance at the subject property.
Staff has communicated directly with the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) and the Illinois State Police regarding the nature of the operations. Staffs understanding
is that Zastava Arms USA holds both a Type 07 Federal Firearms License (""FFL")
(Manufacturer of Firearms Other Than Destructive Devices) and a Type 08 FFL (Importer of
Firearms Other Than Destructive Devices), while Redstar Ordnance holds a Type 11 FFL
(Importer of Destructive Devices, Ammunition for Destructive Devices, or Armor Piercing
Ammunition). Staff further understands that neither business operates as a traditional retail
firearm dealer open to the public or facilitates civilian firearm transfers on -site.
Based on discussions with the ATF and Illinois State Police, staff understands that state
firearm retail buffer requirements generally associated with public -facing retail firearm sales
locations do not apply to the businesses as currently structured. However, Cook County has
maintained that its ordinance and associated one -mile separation requirements apply to the
operations and that the subject property does not satisfy the County's location standards.
The Petitioner currently operates in Des Plaines, which has adopted local firearm -related
regulations generally consistent with state requirements and has superseded the applicability
of Cook County"s ordinance within its municipal boundaries. As property owners within Mount
Prospect, the Petitioners are entitled to request amendments to the Village Code, which the
Village is required to process and consider through the standard public review process.
The proposed amendment would establish a local regulatory framework more closely aligned
with state law, provide greater clarity regarding the distinction between retail firearm sales
and industrial firearm -related operations, and supersede the applicability of the Cook County
ordinance within Village limits.
Discussion
The proposed amendments are intended to establish a local regulatory framework for
firearms -related businesses that more clearly distinguishes between public -facing retail
firearm dealers and industrial, manufacturing, importing, wholesaling, and distribution -related
firearm operations.
Currently, the Village Code does not contain regulations specific to firearm -related businesses
or distinctions between the various federal firearms license classifications. As a result,
businesses operating within Mount Prospect are presently subject to broader County
interpretations and regulations due to the absence of local standards.
The proposed ordinance would establish a local framework that mirrors the State's emphasis
on regulating retail firearm sales locations that are open to the public while allowing the
Village to more clearly define how non -retail firearm -related industrial uses are treated under
the Code. The amendments are also intended to provide greater regulatory clarity for
businesses, property owners, residents, and enforcement agencies regarding permitted
operations and applicable location restrictions.
The proposed text amendment does not authorize public -facing retail firearm sales at the
Weiler Road property. Based on staffs understanding and representations from the
businesses, the operations remain limited to manufacturing, importing, wholesale, and
distribution activities and do not involve on -site civilian retail firearm transactions.
Alternatives
1. Approve the proposed text amendments as presented.
2. Action at the discretion of the Village Board.
Staff Recommendation
Staff recommends approval of the proposed text amendments. Staff believes the amendments
establish a clearer and more tailored local regulatory framework regarding firearm -related
businesses while preserving restrictions on retail firearm sales near sensitive land uses such as
schools and parks.
Staff further believes the amendments provide greater clarity regarding the distinction
between public -facing retail firearm dealers and industrial firearm -related operations involving
manufacturing, importing, wholesaling, and distribution activities.
Attachments
1. Ordinance
2. Firearm Sales Buffer Map
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES AND
OCCUPATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS:
Section 1: Chapter 11, "Licenses and Permits" of the Mount Prospect Village
Code shall be amended by adding Article XIII, "Firearms Dealers," as follows:
11.101: Prohibition on the Retail Sale of Firearms
A. The retail sale of firearms within one-fourth (0.25) mile of a school and
its campus or a public park is prohibited. Each retail sale of firearms in
violation of this subsection shall constitute a separate and distinct
violation.
B. The provisions of the Cook County Deadly Weapons Dealer Control
ordinance do not apply within the corporate limits of the Village.
11.102: Penalties
A. Failure to comply with the provisions of this article shall result in a daily
fine in the amount of not less than five hundred dollars ($500.00) and
not more than one thousand dollars ($1,000.00) per day. Each day of
operation in violation of subsection 11.101 of this article shall constitute
a separate and distinct violation.
B. The sale of firearms at a prohibited location is punishable by a fine as
provided in subsection A of this section. Each sale in violation of this
article shall constitute a separate and distinct violation.
ADOPTED this day of
AYES:
NAYS:
ABSENT:
, 2026, pursuant to a roll call vote as follows:
21345311
APPROVED by me this day of , 2026, and attested to by the Village
Clerk this same day.
Mayor Paul Wm. Hoefert
ATTEST:
Karen Agoranos, Village Clerk
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