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Illinois General Assembly 11/27/2018


mauserme

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House Calendar

12:00 Noon

Oppose
Senate Sponsor: Morrison, Nybo, Bush, Aquino, Link, Cunningham, Murphy, Martinez, Curran, Lightford, Jones, Castro, Koehler, Muñoz, Collins, Steans, Hunter, Rezin, McGuire, Van Pelt, Hutchinson (Added after Passage: Sims, Hutchinson)
House Sponsor: Mussman, Willis, Carroll, Moylan, Cassidy
Status: House/3rd Reading
Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. Provides that the recipient of any firearm transferred by way of a Firearm Disposition Record form shall file with the Department of State Police, a sworn affidavit, attesting that the person: (1) is aware of, and will abide by the 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; (3) intends to retain possession of the firearm until it is determined that the transferor is capable of possessing the firearm, or until a new person is chosen to hold the firearm; and (4) inform the Department and the State's Attorney in the county in which he or she resides of any address or name change that occurs while the person possesses the firearm; however, the person shall be relieved of these duties once he or she has legally destroyed the firearm or lawfully transferred the firearm. Provides that the person shall provide notice to the State's Attorney in the county in which he or she resides via copy of the sworn affidavit, to demonstrate that the affidavit has been filed with the Department. Makes conforming changes. Amends the Criminal Code of 2012. Provides that a person who is not a federally licensed firearm dealer who does not determine the validity of a purchaser's Firearm Owner's Identification Card commits a Class 4 felony.
Provides that any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm to any person who is not a federally licensed firearm dealer who does not comply with the provision that before selling or transferring the firearm the person must contact the Department of State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card shall be punished as a Class A misdemeanor under the Firearm Owners Identification Card Act (rather than non-compliance shall not be punishable as a crime or petty offense). Makes a technical change.
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So, what does this mean for those of us who might make a private sale or purchase of a firearm from another individual firearm owner?

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So, what does this mean for those of us who might make a private sale or purchase of a firearm from another individual firearm owner?

 

The way I am interpreting Amend#1 Is instead of the ISP FOID check being voluntary to provide you due diligence protection for a sale to a person that was supposed to be prohibited...the ISP FOID check for private sales now becomes mandatory and makes you a criminal if you do not do it.

 

 

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Right now foid person to person check is recommended but optional. as a REWARD for running the person to person check, the seller is granted civil immunity.

This bill takes away the option from the seller, and creates a criminal penalty if they don't perform the check.

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Right now foid person to person check is recommended but optional. as a REWARD for running the person to person check, the seller is granted civil immunity.

 

This bill takes away the option from the seller, and creates a criminal penalty if they don't perform the check.

Exactly. It was a win/win of sorts (though I'm still not in favor of it) where everyone gets what they want in the end. It was based on trust and respect, between the state and its citizens.

 

This bill is a slap in the face of that little bit of goodwill that was developed.

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Right now foid person to person check is recommended but optional. as a REWARD for running the person to person check, the seller is granted civil immunity.

 

This bill takes away the option from the seller, and creates a criminal penalty if they don't perform the check.

Exactly. It was a win/win of sorts (though I'm still not in favor of it) where everyone gets what they want in the end. It was based on trust and respect, between the state and its citizens.

 

This bill is a slap in the face of that little bit of goodwill that was developed.

 

Exactly!

 

This is why I say compromise is so dangerous. We gave a little and we got a little and now the anti gunners are turning their back on their agreement. They broke our trust. Compromises on rights simply don't work, this is perfect proof.

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Right now foid person to person check is recommended but optional. as a REWARD for running the person to person check, the seller is granted civil immunity.

 

This bill takes away the option from the seller, and creates a criminal penalty if they don't perform the check.

Exactly. It was a win/win of sorts (though I'm still not in favor of it) where everyone gets what they want in the end. It was based on trust and respect, between the state and its citizens.

 

This bill is a slap in the face of that little bit of goodwill that was developed.

 

Cause [sarcasm button pressed] Those criminal straw purchasers are going to suddenly abide by this new law, just like the 'can't straw purchase', illegally sell etc laws they already all follow. [sarcasm button released]

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