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Illinois General Assembly 1/28/2020


mauserme

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UPDATE(S)

 

The following bills have been filed:

 

HB4290 Concealed Carry - Business License

 

Synopsis As Introduced

Amends the Firearm Concealed Carry Act. Provides that a municipality, including a home rule unit, may not revoke, suspend, or refuse to renew a business license or otherwise interfere with a business license issued by the municipality to a business owner, including the holder of a retail liquor license issued under the Liquor Control Act of 1934, because the business owner lawfully permits a concealed carry licensee to carry firearms into his or her business establishment. Effective July 1, 2020.

 

 

SB2534 Crim Cd - UUW - Felon - Vehicle

 

Synopsis As Introduced

Amends the Criminal Code of 2012. Provides that it is unlawful for a person who has been convicted of a felony to knowingly possess in any vehicle a weapon prohibited under the unlawful use of weapons statute or to knowingly possess firearm ammunition.

 

 

SB2535 Foid Act - Repeal

 

Synopsis As Introduced

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.

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Today begins the 2020 Spring Session of the 101st General Assembly, complete with newly seated Senate President Harmon and all that portends for our rights. As usual things are starting slowly but, before we know, there will be more threats to contend with than we know what to do with. Well, almost.

For today we list SB1966 as a bill in the Senate that, while not currently on the calendar, could be added with little warning. In Senate Committee we include a single bill that we will keep an eye on. Though not currently a threat, we intend to keep it that way.

The House and Senate are schedued for 12:00 Noon.


Next Days Scheduled

House: 1/29/2020
Senate: 1/29/2020


House Calendar

 

House Supplemental Calendar 1

Senate Calendar


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diesel

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Senate Calendar


12:00 Noon






Oppose


Senate Sponsor: Morrison, Sims, Collins, Van Pelt, Villavalam, Fine (Added after Passage: Gillespe, Martinez, Muñoz, Peters, Castro, Hunter, Murphy, Steans) (Removed: Koehler)


House Sponsor: Willis, Carroll, Hernandez (Barbara), Villa, Connor, Hernandez (Elizabeth), Morgan, Edly-Allen, Williams (Ann), Gong-Gershowitz, Ford, Welch, Moylan, Didech, West, Gabel, Villanueva, Burke, Manley, Kalish, Williams (Jawaharial), Martwick, Feigenholtz, Cassidy, Stava-Murray, Turner, Costa Howard


Status: Possible Senate Concurrence on HA1, HA2, HA3


House Amendment 1 - House Adopted


Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Director of State Police shall (rather than may) establish a statewide multi-jurisdictional Violent Crime Intelligence Task Force. Provides that the Violent Crime Intelligence Task Force shall also conduct enforcement operations against persons whose Firearm Owner's Identification Cards have been revoked or suspended and persons who fail to comply with the revocation or suspension requirements of the Firearm Owners Identification Card Act, prioritizing individuals presenting a clear and present danger to themselves or to others under that Act. Provides that the Task Force shall collaborate with local law enforcement agencies to enforce provisions of the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, the Firearm Dealer License Certification Act, and the Deadly Weapons Article of the Criminal Code of 2012. Provides that the Director of State Police may establish intergovernmental contracts written and executed in conformity with the Intergovernmental Cooperation Act. Provides that the Department of State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Amends the Firearm Owners Identification Card Act. Modifies definition of "clear and present danger". Provides that an applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of his or her fingerprints in electronic format to the Department of State Police, unless the applicant has previously provided a full set of his or her fingerprints to the Department under the Act or the Firearm Concealed Carry Act. Provides that a Firearm Owner's Identification Card issued under the Act shall be valid for the person to whom it is issued for a period of 5 years (rather than 10 years) from the date of issuance, but provides that any person whose card was previously issued for a period of 10 years shall retain the 10-year issuance period until the next date of renewal, at which point the card shall be renewed for 5 years. Provides that a person who receives a revocation or suspension notice under the Act (currently, only revocation notice) 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; 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. Provides that any transfer of a surrendered firearm must be conducted under the firearm transfer provisions of the Firearm Owners Identification Card Act. Provides that nothing in the firearm revocation or suspension provisions of the Firearm Owners Identification Card Act prevents a court from ordering an individual to surrender his or her Firearm Owner's Identification Card to a law enforcement agency of the court's choosing in a timeframe shorter than 48 hours after receipt of the notice of revocation or suspension. Provides that 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. Amends the State Finance Act. Creates the State Police Revocation Enforcement Fund and the School-Based Mental Health Services Fund in the State treasury and defines their purposes. Amends the Firearm Concealed Carry Act. Provides that an applicant for renewal need not resubmit a full set of fingerprints if the applicant has previously done so under the Act or the Firearm Owners Identification Card Act. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she transfers ownership of a firearm to a person in violation of the Firearm Owners Identification Card Act. This offense is a Class 4 felony. Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Modifies requirements for transfer of firearms to a law enforcement agency as required under those Acts. Makes other changes. Effective immediately.


House Amendment 2 - House Adopted


In the amendatory changes to the State Finance Act, eliminates the School-Based Mental Health Services Fund and provides that moneys in the Mental Health Reporting Fund may be used for reporting prohibitors to the National Instant Criminal Background Check System (NICS). Provides that any surplus moneys in the Fund shall be used as follows: (1) 50% shall be used to fund community-based mental health programs aimed at reducing gun violence, community integration and education, or mental health awareness and prevention, including administrative costs; and (2) 50% shall be used to award grants that use and promote the National School Mental Health Curriculum model for school-based mental health support, integration, and services. In the amendatory changes to the Firearm Owners Identification Card Act, provides that a live scan fingerprint vendor may not charge more than $30 per set of fingerprints. Reduces the application and renewal fees for Firearm Owner's Identification Cards from $50 to $20. Changes the amounts of the distribution of fees for applications for Firearm Owner's Identification Cards to various funds.


House Amendment 3 - House Adopted


Restores language that any person within the State who, before the provisions concerning transferring firearms only through federally licensed firearm dealers become operative, shall keep a record of the transfer for a period of 10 years from the date of transfer under the same requirements before the provisions became operative and with the same penalties for violations.


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Posted · Hidden by mauserme, January 27, 2020 at 11:41 PM - No reason given
Hidden by mauserme, January 27, 2020 at 11:41 PM - No reason given
.

Today begins the 2020 Spring Session of the 101st General Assembly, complete with newly seated Senate President Harmon and all that portends for our rights. As usual things are starting slowly but, before we know, there will be more threats to contend with than we know what to do with. Well, almost.


For today we list SB1966 as a bill in the Senate that, while not currently on the calendar, could be added with little warning. In Senate Committee we include a single bill that we will keep an eye on. Though not currently a threat, we intend to keep it that way.


The House and Senate are schedued for 12:00 Noon.



Next Days Scheduled


House: 1/29/2020

Senate: 1/29/2020


House Calendar


Senate Calendar

.

.

diesel



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HB4290 Concealed Carry - Business License has been filed:

 

Synopsis As Introduced

Amends the Firearm Concealed Carry Act. Provides that a municipality, including a home rule unit, may not revoke, suspend, or refuse to renew a business license or otherwise interfere with a business license issued by the municipality to a business owner, including the holder of a retail liquor license issued under the Liquor Control Act of 1934, because the business owner lawfully permits a concealed carry licensee to carry firearms into his or her business establishment. Effective July 1, 2020.

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HB4290 Concealed Carry - Business License has been filed:

 

 

Synopsis As Introduced

Amends the Firearm Concealed Carry Act. Provides that a municipality, including a home rule unit, may not revoke, suspend, or refuse to renew a business license or otherwise interfere with a business license issued by the municipality to a business owner, including the holder of a retail liquor license issued under the Liquor Control Act of 1934, because the business owner lawfully permits a concealed carry licensee to carry firearms into his or her business establishment. Effective July 1, 2020.

 

:cheer: :clap:

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Two new Senate Bills have been filed:

SB2534 Crim Cd - UUW - Felon - Vehicle

Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that it is unlawful for a person who has been convicted of a felony to knowingly possess in any vehicle a weapon prohibited under the unlawful use of weapons statute or to knowingly possess firearm ammunition.



SB2535 Foid Act - Repeal

Synopsis As Introduced
Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.

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Two new Senate Bills have been filed:

 

SB2534 Crim Cd - UUW - Felon - Vehicle

 

Synopsis As Introduced

Amends the Criminal Code of 2012. Provides that it is unlawful for a person who has been convicted of a felony to knowingly possess in any vehicle a weapon prohibited under the unlawful use of weapons statute or to knowingly possess firearm ammunition.

 

 

SB2535 Foid Act - Repeal

 

Synopsis As Introduced

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.

 

Thank you, as usual, for your reporting.

 

SB2534... isn't it already unlawful for a felon to possess a firearm or ammunition? Is the idea for this to create a second penalty as a way to keep repeat offenders behind bars?

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Thank you, as usual, for your reporting.

 

SB2534... isn't it already unlawful for a felon to possess a firearm or ammunition? Is the idea for this to create a second penalty as a way to keep repeat offenders behind bars?

As modified...

(a) It is unlawful for a person to knowingly possess in any vehicle or on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction

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Thank you, as usual, for your reporting.

 

SB2534... isn't it already unlawful for a felon to possess a firearm or ammunition? Is the idea for this to create a second penalty as a way to keep repeat offenders behind bars?

As modified...

(a) It is unlawful for a person to knowingly possess in any vehicle or on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction

 

 

I saw that part of it, and now I realize it's not to add an extra penalty. That was a brain cramp on my part. Does that mean under current law a felon could somehow possess a firearm in a vehicle that isn't "on or about his person"?

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I saw that part of it, and now I realize it's not to add an extra penalty. That was a brain cramp on my part. Does that mean under current law a felon could somehow possess a firearm in a vehicle that isn't "on or about his person"?

"On or about his person" would include anywhere in the passenger compartment (unless locked in a container), but "in any vehicle" would include locked in a container and places not in the passenger compartment.

 

I guess the idea is to be able to charge such people with something more than a simple FOID violation.

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I saw that part of it, and now I realize it's not to add an extra penalty. That was a brain cramp on my part. Does that mean under current law a felon could somehow possess a firearm in a vehicle that isn't "on or about his person"?

"On or about his person" would include anywhere in the passenger compartment (unless locked in a container), but "in any vehicle" would include locked in a container and places not in the passenger compartment.

 

I guess the idea is to be able to charge such people with something more than a simple FOID violation.

 

My thinking would be that it would include any vehicle registered to the person, even if they person isn't in the vehicle at the time

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The bill is a step toward addressing a situation in Warren County where a firearm was found in a van being driven by a person with a previous felony conviction. The court (sorry, I don't have a cite yet) found that it was not a violation of the FOID Act because the gun was not in close proximity to the defendant. We'll be discussing this more with the sponsor.

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