SB0099sam002 101ST GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 3/7/2019

10100SB0099sam002 LRB101 07322 SLF 56971 a

AMENDMENT TO SENATE BILL 99

AMENDMENT NO. ______. Amend Senate Bill 99 by replacing everything after the enacting clause with the following:

"Section 5. The Firearm Owners Identification Card Act is amended by changing Section 9.5 and by adding Section 8.4 as follows:

(430 ILCS 65/8.4 new)

Sec. 8.4. Cancellation of Firearm Owner's Identification Card. The Department of State Police may cancel a Firearm Owner's Identification Card if a person is not prohibited by State or federal law from acquiring or possessing a firearm or firearm ammunition and the sole purpose is for an administrative reason. This includes, but is not limited to, at the request of the Firearm Owner's Identification Card holder, a person who surrenders his or her Illinois driver's license or State identification card to another jurisdiction, death, or a person's Firearm Owner's Identification Card is reported as lost, stolen, or destroyed. The Department may adopt rules necessary to implement this Section.

(430 ILCS 65/9.5)

Sec. 9.5. Revocation or suspension of Firearm Owner's Identification Card.

(a) A person who receives a revocation or suspension notice under Section 9 of this Act shall, within 48 hours of receiving notice of the revocation or suspension:

(1) surrender his or her Firearm Owner's Identification Card to the local law enforcement agency where the person resides. The local law enforcement agency shall provide the person a receipt and transmit the Firearm Owner's Identification Card to the Department of State Police; and

(2) complete a Firearm Disposition Record on a form prescribed by the Department of State Police and place his or her firearms in the location or with the person reported in the Firearm Disposition Record. The form shall require the person to disclose:

(A) the make, model, and serial number of each firearm owned by or under the custody and control of the revoked or suspended person;

(B) the location where each firearm will be maintained during the prohibited term; and

(C) if any firearm will be transferred to the custody of another person, the name, address and Firearm Owner's Identification Card number of the transferee.

(a-5) The Firearm Disposition Record shall contain a statement to be signed by the transferee that the transferee:

(1) is aware of, and will abide by, current law regarding the unlawful transfer of a firearm;

(2) is aware of the penalties for violating the law as it pertains to unlawful transfer of a firearm; and

(3) intends to retain possession of the firearm or firearms until it is determined that the transferor is legally eligible to possess a firearm and has an active Firearm Owners Identification Card, if applicable, or until a new person is chosen to hold the firearm or firearms.

(b) The local law enforcement agency shall provide a copy of the Firearm Disposition Record to the person whose Firearm Owner's Identification Card has been revoked or suspended, the transferee, and to the Department of State Police.

(c) If the person whose Firearm Owner's Identification Card has been revoked or suspended fails to comply with the requirements of this Section, the sheriff or law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the Firearm Owner's Identification Card and firearms in the possession or under the custody or control of the person whose Firearm Owner's Identification Card has been revoked or suspended.

(d) A violation of subsection (a) of this Section is a Class A misdemeanor.

(e) The observation of a Firearm Owner's Identification Card in the possession of a person whose Firearm Owner's Identification Card has been revoked or suspended constitutes a sufficient basis for the arrest of that person for violation of this Section.

(f) Within 30 days after the effective date of this amendatory Act of the 98th General Assembly, the Department of State Police shall provide written notice of the requirements of this Section to persons whose Firearm Owner's Identification Cards have been revoked, suspended, or expired and who have failed to surrender their cards to the Department.

(g) A person whose Firearm Owner's Identification Card has been revoked or suspended and who received notice under subsection (f) shall comply with the requirements of this Section within 48 hours of receiving notice.

(Source: P.A. 98-63, eff. 7-9-13.)".