Illinois General Assembly - Full Text of SB0890
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Full Text of SB0890  100th General Assembly

SB0890 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0890

 

Introduced 2/7/2017, by Sen. Julie A. Morrison - Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/9.5

    Amends the Firearm Owners Identification Card Act. Provides that if the Department of State Police has not received the Firearm Disposition Record within 5 business days after sending notice of revocation and seizure of an FOID card, the Department must send a second notice to the sheriff and law enforcement agency where the person resides, in addition to the individuals' residence. Provides that the second notice shall include the compliance requirements under the Act. Provides that upon receiving the second notice, the sheriff or law enforcement agency shall report to the Department the status and efforts pursued regarding compliance under the Act. Provides that if the sheriff or law enforcement agency does not provide information detailing the submission of a Firearm Disposition Record within 5 days of the second notice, the Department of State Police may request that the circuit court issue an arrest warrant for the individual who has failed to submit a Firearm Disposition Record. Provides that if the person whose FOID card has been revoked fails to comply with the requirements of the Act, the sheriff or law enforcement agency where the person resides shall (rather than may) petition the court for a warrant to search for and seize the person's FOID card and firearms. Provides that within 30 days after the effective date of the bill, and by January 31 of each year thereafter, the Department of State Police shall provide written notice of the requirements of this provision to every sheriff and law enforcement agency within the State. Effective immediately.


LRB100 09587 SLF 19755 b

 

 

A BILL FOR

 

SB0890LRB100 09587 SLF 19755 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Firearm Owners Identification Card Act is
5amended by changing Section 9.5 as follows:
 
6    (430 ILCS 65/9.5)
7    Sec. 9.5. Revocation of Firearm Owner's Identification
8Card.
9    (a) A person who receives a revocation notice under Section
109 of this Act shall, within 48 hours of receiving notice of the
11revocation:
12        (1) surrender his or her Firearm Owner's
13    Identification Card to the local law enforcement agency
14    where the person resides. The local law enforcement agency
15    shall provide the person a receipt and transmit the Firearm
16    Owner's Identification Card to the Department of State
17    Police; and
18        (2) complete a Firearm Disposition Record on a form
19    prescribed by the Department of State Police and place his
20    or her firearms in the location or with the person reported
21    in the Firearm Disposition Record. The form shall require
22    the person to disclose:
23            (A) the make, model, and serial number of each

 

 

SB0890- 2 -LRB100 09587 SLF 19755 b

1        firearm owned by or under the custody and control of
2        the revoked person;
3            (B) the location where each firearm will be
4        maintained during the prohibited term; and
5            (C) if any firearm will be transferred to the
6        custody of another person, the name, address and
7        Firearm Owner's Identification Card number of the
8        transferee.
9    (b) The local law enforcement agency shall provide a copy
10of the Firearm Disposition Record to the person whose Firearm
11Owner's Identification Card has been revoked and to the
12Department of State Police.
13    (c) If the person whose Firearm Owner's Identification Card
14has been revoked fails to comply with the requirements of this
15Section, the sheriff or law enforcement agency where the person
16resides shall may petition the circuit court to issue a warrant
17to search for and seize the Firearm Owner's Identification Card
18and firearms in the possession or under the custody or control
19of the person whose Firearm Owner's Identification Card has
20been revoked.
21    (c-5) If the Department of State Police has not received
22the Firearm Disposition Record within 5 business days after
23sending notice under Section 9 of this Act, the Department must
24send a second notice to the sheriff and law enforcement agency
25where the person resides, in addition to the individual's
26residence. The second notice shall include the requirements

 

 

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1under this Section. Upon receiving the second notice, the
2sheriff or law enforcement agency shall report to the
3Department of State Police the status and efforts pursued
4regarding compliance under this Section, in a form prescribed
5by the Department. Provided the sheriff or law enforcement
6agency does not provide information detailing the submission of
7a Firearm Disposition Record within 5 days of the second
8notice, the Department of State Police may request that the
9circuit court issue an arrest warrant for the individual who
10has failed to submit a Firearm Disposition Record.
11    (d) A violation of subsection (a) of this Section is a
12Class A misdemeanor.
13    (e) The observation of a Firearm Owner's Identification
14Card in the possession of a person whose Firearm Owner's
15Identification Card has been revoked constitutes a sufficient
16basis for the arrest of that person for violation of this
17Section.
18    (f) Within 30 days after the effective date of this
19amendatory Act of the 98th General Assembly, the Department of
20State Police shall provide written notice of the requirements
21of this Section to persons whose Firearm Owner's Identification
22Cards have been revoked, suspended, or expired and who have
23failed to surrender their cards to the Department. Within 30
24days after the effective date of this amendatory Act of the
25100th General Assembly, and by January 31 of each year
26thereafter, the Department of State Police shall provide

 

 

SB0890- 4 -LRB100 09587 SLF 19755 b

1written notice of the requirements of this Section to every
2sheriff and law enforcement agency within this State.
3    (g) A person whose Firearm Owner's Identification Card has
4been revoked and who received notice under subsection (f) shall
5comply with the requirements of this Section within 48 hours of
6receiving notice.
7(Source: P.A. 98-63, eff. 7-9-13.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.