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Gov. Signs HB4855 - extends grace period for FOID and allows temporary suspension instead of revocation


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#1 Molly B.

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Posted 17 August 2018 - 05:56 PM


 

New law protects FOID card holders

http://www.wlsam.com...d-card-holders/

 

Aug 17, 2018 | WLS-AM Staff

By Nick Gale, WLS-AM 890 News

(SPRINGFIELD, Ill.) — Gov. Bruce Rauner Friday signed legislation that gives gun owners a 60-day grace period to keep their Firearms Owners Identification Card active while their renewal application is being processed, even if the processing period extends beyond the card’s expiration date. Previously, FOID cards were deemed invalid if they expired during the renewal process.

“We shouldn’t punish gun owners who make every effort to get their renewal applications in on time,” Rauner said. “This grace period will ensure there is no interruption in their rights to keep their firearms.”

House Bill 4855 also gives Illinois State Police 60 business days, instead of 30 calendar days, to review and approve renewal applications that are received in a timely manner.

“This is a win-win solution to problems for both gun owners and the ISP regarding FOID card suspensions, revocations and renewals,” said State Police Director Leo Schmitz. . . 

 

“This new law allows the Illinois State Police, by rule, to suspend a FOID card for the duration of a disqualification, rather than having to permanently revoke the FOID card, as long as the disqualification is not a permanent grounds for revocation like a felony conviction,” said State Sen. Tim Bivins, (R-Dixon), who served more than 32 years in law enforcement. “It also clarifies the definition of ‘patient’ so hospitals and mental health facilities have a better idea about who is subject to reporting guidelines required by the FOID Card Act, and what should be reported to the Department of Human Services, and ultimately the State Police.”


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#2 Euler

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Posted 17 August 2018 - 06:07 PM

I saw what you did there with the thread title. I just can't prove it, because the forum software doesn't call out those changes.

FWIW, the ILGA link.

#3 Mr. Fife

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Posted 17 August 2018 - 06:43 PM

 House Bill 4855 also gives Illinois State Police 60 business days, instead of 30 calendar days, to review and approve renewal applications that are received in a timely manner.
This was a huge mistake.
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#4 InterestedBystander

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Posted 17 August 2018 - 06:55 PM

So new applications are still 30 days, but replacements, renewals and change of address are 60 days?
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#5 GWBH

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Posted 17 August 2018 - 07:36 PM

Sounds good - but the ISP has been at this for years. It's way past time they get their act together and get new applications, renewals, change of addresses processed in some kind of timely manner.

Why in the world does it take so long if they run background checks so often on Illinois firearm owners?

What - do they have some part time intern doing the work?


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#6 InterestedBystander

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Posted 17 August 2018 - 08:10 PM

Sounds good - but the ISP has been at this for years. It's way past time they get their act together and get new applications, renewals, change of addresses processed in some kind of timely manner.
Why in the world does it take so long if they run background checks so often on Illinois firearm owners?
What - do they have some part time intern doing the work?

Supposedly they are short staffed. As they hire and get trained they move to better paying jobs within the state.

Heres an example of Firearms Analyst job listing from 2016
http://agency.govern...&sharedWindow=0

but I see no current listings
http://agency.govern...m?clearsearch=1

Edited by InterestedBystander, 18 August 2018 - 08:19 AM.

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#7 ragsbo

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Posted 17 August 2018 - 08:30 PM

Good for the extension, bad for giving them more time to screw around.



#8 Molly B.

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Posted 17 August 2018 - 10:12 PM

 If we renew before expiration, the ISP has 60 days to issue and the card remains active for 60 days past expiration.  Right?  Doesn't that come out even?


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#9 Glock23

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Posted 18 August 2018 - 05:07 AM

FYI, 60 business days is damn near 90 calendar days, which means it can still expire while you're waiting.

The right thing to do (aside from getting rid of the FOID altogether) would've been to treat it the same as the CCL... as long as you've applied for your renewal, it would remain active.

ETA: while the article doesn't specify 60 business days for the grace period, the actual bill does. However, if the ISP takes longer than the allotted time frame to process the renewal (which we all know they have in the past), it could still expire.

Edited by Glock23, 18 August 2018 - 05:15 AM.

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#10 Redlin

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Posted 18 August 2018 - 05:11 AM

 If we renew before expiration, the ISP has 60 days to issue and the card remains active for 60 days past expiration.  Right?  Doesn't that come out even?

That's how I read it.It's a wash.Except for FOID holders with no CCL who go to buy ammo,their cards could appear to be useless longer because of the date on the card.


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#11 soundguy

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Posted 18 August 2018 - 07:31 AM

 If we renew before expiration, the ISP has 60 days to issue and the card remains active for 60 days past expiration.  Right?  Doesn't that come out even?

 

It does sort of come out even. Submit your renewal early, or at least on time,  and buy ammo or new guns before the real expiration date and... the extra time IPS needs shouldn't harm anyone.

 

What disturbs me... there really doesn't seem to be a "renewal" process. If there was a an FOID/CCL renewal, I think it would look more like that of Utah where your new card arrives a week after renewal. When my FOID/CCL were stolen... it took MONTHS to receive replacements. What we really have is not a renewal, we have is an option to reapply as new applicants before the expiration date of our current credentials, with no consideration for the daily background checks we go through.

 

I understand that the good folks at ISP (they have always been kind and helpful when I have spoken with them) are understaffed and overworked. Perhaps they are being made to do fools work.


Edited by soundguy, 18 August 2018 - 07:32 AM.

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#12 Plinkermostly

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Posted 18 August 2018 - 07:52 AM

I would have paid my taxes on time but I am overworked and short staffed.



#13 cls74

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Posted 18 August 2018 - 10:43 AM

I'd like to see them treat FOID renewal like they do state issued I.D.'s and Drivers Licenses.

 

You can renew ID/DL at any point within one year of expiration. No reason whatsoever the FOID cannot be made the same way. 

 

The grace period should have also been 60 business days after expiration to match ISP's 60 business day approval period, and a penalty against ISP for not meeting the deadline added.

 

ISP has always delayed and used the same excuse year after year. They haven't fixed it and they won't. Should Pritzker get elected he appoints new right infringing yes-men to the posts Rauner filled.

 

Last time I renewed I sat on hold waiting for the next available operator for over an hour and a half for a 32 second conversation because my FOID had expired awaiting renewal.



#14 2A4Cook

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Posted 18 August 2018 - 11:00 AM

If we renew before expiration, the ISP has 60 days to issue and the card remains active for 60 days past expiration.  Right?  Doesn't that come out even?


Bingo! You apply the day before expiration, they finish on day 60 and mail the card, you are out of of time on the extension (grace period) and technically a felon. What idiots think this crap up??? If they need more time, why DOUBLE it??? 45 days would have given them more time, and actually made the illusory "extenstion" meaningful. Let them require a permit to exercise the 1st Amendment and pull this crap ... oh, the outrage! Make criminals out of people who express a political opinion in Madiganistan without a begrudingly state-issued permit.

Edited by 2A4Cook, 18 August 2018 - 11:02 AM.


#15 quackersmacker

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Posted 18 August 2018 - 11:24 AM

Since FOIDs are supposedly under continuous daily background checks anyway, why is there any need at all for them to expire?


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#16 Redlin

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Posted 18 August 2018 - 11:38 AM

The way the act reads,it gives the ISP 60 business days to review and reissue the FOID or not,but places NO time limit on how long the FOID card is valid,no matter how long it takes,as long as renewal app. is filed prior to expiration date.

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#17 Euler

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Posted 18 August 2018 - 12:02 PM

Since FOIDs are supposedly under continuous daily background checks anyway, why is there any need at all for them to expire?


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#18 Glock23

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Posted 18 August 2018 - 12:24 PM

The way the act reads,it gives the ISP 60 business days to review and reissue the FOID or not,but places NO time limit on how long the FOID card is valid,no matter how long it takes,as long as renewal app. is filed prior to expiration date.

Incorrect. It says the FOID remains valid for 60 business days.

So if you don't renew early, and the ISP takes longer than 60 business days, your card expires.

Raise your hand if you've seen FOID renewals take longer than 60 business days.

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#19 cls74

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Posted 18 August 2018 - 12:46 PM

My last one took well over 90 calendar days, and who knows how much longer had I not been persistent and stayed on hold until someone picked up(probably from being annoyed at the flashing light or constant beeping). I had it within 7 days of calling.

 

 

Funny thing about it, my check cleared within 5 days of mailing it.

 

Pretty sure I had asked before and was told mailing a renewal early does not quicken the process as they only accept them inside of 30 days from expiration. 

 

They extended the validation from 5 years to 10 years in hopes of speeding it up, but that hasn't helped either.

 

I liken it to quitting smoking, you're not going to quit unless you want to.

 

They don't want us to excercize our right, and until there is a penalty placed upon them, say $500 per day, per individual being delayed and paid to the individual, will it ever change.

 

I know Valinda and many others are involved with ISP on a frequent basis, and often praise their openness and willing to work with us etc., but until we, the individuals, see it happening on our end it hasn't really changed. They've just found a more pleasant way of denying our individual right.


Edited by cls74, 18 August 2018 - 12:47 PM.


#20 Redlin

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Posted 18 August 2018 - 12:48 PM

 

The way the act reads,it gives the ISP 60 business days to review and reissue the FOID or not,but places NO time limit on how long the FOID card is valid,no matter how long it takes,as long as renewal app. is filed prior to expiration date.

Incorrect. It says the FOID remains valid for 60 business days.

 

I was reading it here...http://www.ilga.gov/...ionID=91&GA=100 ,If it says it is valid for only 60 days somewhere else I stand corrected.

 

 Provides that if a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Department processes the application, unless the person is subject to or becomes subject to revocation under the Act.


Edited by Redlin, 18 August 2018 - 01:09 PM.

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#21 Molly B.

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Posted 18 August 2018 - 02:13 PM

It says both in different paragraphs.

 

I'm thinking this becomes effective 1-1-2019?


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#22 Euler

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Posted 18 August 2018 - 02:21 PM

I'm thinking this becomes effective 1-1-2019?

Sec. 1. Bills passed before June 1.
(a) A bill passed prior to June 1 of a calendar year that does not provide for an effective date in the terms of the bill shall become effective on January 1 of the following year, or upon its becoming a law, whichever is later.


It was passed May 24 (which is before June 1) and signed before January 1, so it becomes effective January 1.

#23 Glock23

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Posted 18 August 2018 - 02:35 PM

It says both in different paragraphs.


Correct.

Section 5 (renewal and application) says it remains valid while they process it.

Section 7 (validity of FOID card) says it's valid for 60 days.

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#24 UpperAtmosphere

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Posted 18 August 2018 - 03:40 PM

Pretty sure I had asked before and was told mailing a renewal early does not quicken the process as they only accept them inside of 30 days from expiration.


I got a renewal notice in early July for my card which expires in October. Renewed online that same day, had it in hand in a couple weeks. Looks like around 90 days from expiration instead of 30.

#25 InterestedBystander

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Posted 18 August 2018 - 03:55 PM

Pretty sure I had asked before and was told mailing a renewal early does not quicken the process as they only accept them inside of 30 days from expiration.


I got a renewal notice in early July for my card which expires in October. Renewed online that same day, had it in hand in a couple weeks. Looks like around 90 days from expiration instead of 30.
Did new card expire in October in 10 years or in July and you were shorted months?
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#26 THE KING

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Posted 18 August 2018 - 04:03 PM

If I had to guess, I would say his new expiration will be July 2028.

Ask me how I know. I got shorted two months and I had the exact same time frames involved.

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#27 InterestedBystander

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Posted 18 August 2018 - 04:08 PM

If I had to guess, I would say his new expiration will be July 2028.
Ask me how I know. I got shorted two months and I had the exact same time frames involved.

I thought I had read something similar before. Makes me think the CCL renewals will do the same. With this new bill, if I renew later and it passes expire date while remaining valid, wonder if I will gain some months. (I realize this is just nitpicky overanalyzing)
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#28 cls74

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Posted 18 August 2018 - 04:40 PM

Pretty sure I had asked before and was told mailing a renewal early does not quicken the process as they only accept them inside of 30 days from expiration.


I got a renewal notice in early July for my card which expires in October. Renewed online that same day, had it in hand in a couple weeks. Looks like around 90 days from expiration instead of 30.

Luckily I have until Feb. 2021 before I have to worry about it again. So much can happen, 2 elections and several sessions/veto sessions and a few lame duck sessions to worry about.

I hate IL lol

#29 THE KING

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Posted 18 August 2018 - 04:41 PM

If I had to guess, I would say his new expiration will be July 2028.
Ask me how I know. I got shorted two months and I had the exact same time frames involved.

I thought I had read something similar before. Makes me think the CCL renewals will do the same. With this new bill, if I renew later and it passes expire date while remaining valid, wonder if I will gain some months. (I realize this is just nitpicky overanalyzing)

Wish I had your optimism about the upcoming renewal process. I guess time will tell.

My prediction is that we either keep the same expiration date or we lose time. I really don't see them giving us anything.

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#30 GWBH

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Posted 19 August 2018 - 10:52 PM

The funds from the FOID / CCL programs are supposed to go to the ISP to run the licensing  - or does the Legislature short change the process and move them into the General Fund arena like they did when they put the screws to the DNR?


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