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Illinois General Assembly 5/16/2018


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UPDATE(S)

 

Senate Amendment 4 was filed on SB337 Gun Dealer Licensing this morning, and was subsequently approved for consideration. The bill then passed the Senate, as amended.

 

Provides that the Department of State Police may consider the revocation or suspension within the context of the conduct of the certified licensee within this State, the number of retail locations the certified licensee or any related person or entity operates in this State or in other states, under the same or different business names, and the severity of the infraction leading to revocation or suspension. Provides that the Department shall consider the number of retail locations operated by the certified licensee in this State, under the same or different business names, and shall set fees appropriate for certifying multiple licenses operated by the certified licensee. Provides that all fees and fines collected under the Firearm Dealer License Certification Act shall be deposited in the Firearm Dealer License Certification Fund which is created in the State treasury. Provides that moneys in the Fund shall be used for implementation and administration of the Firearm Dealer License Certification Act. Provides that the Department shall require of an applicant for certification all trade, business, or assumed names used by the certified licensee by and under which the certified licensee sells, transfers, or facilitates transfers of firearms. Provides that in the amendatory changes to the Firearm Owners Identification Card Act, the penalty for failure to maintain the transfer records in accordance with the Act applies for transfers of a firearm, stun gun, or taser made on or after the effective date of the amendatory Act. Amends the State Finance Act to make a conforming change.

 

 

 

SB2387 Regulation Tech passed the Senate 42/10/1

 

 

SB2561 Pre-Package Explosive Component moved to 3rd Reading in the House.

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The following were approved for consideration in House Committee yesterday:

House Amendment 1 and House Amendment 2 on HB2354 Lethal Order of Protection

HB2343 Bump Stock/Trigger Crank

SB2640 State Police Firearms

SB2642 Firearm Control Card - Officer

We won't watch SB2642 very closely.


In Senate Committee, Senate Amendment 3 on SB337 Gun Dealer Licensing - Various was approved for consideration.


SB2387 Regulation Tech also came out of the Assignments Committee and is now on the Senate Calendar at third reading.




Both House and Senate are scheduled for 12:00 Noon.



Next Days Scheduled

House: 5/17/2018
Senate: 5/17/2018


House Calendar

 

 

Senate Calendar

 

Senate Supplemental Calendar 1



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House Calendar

12:00 Noon



HB772 Lethal Violence Order of Protection

Oppose

House Sponsor: Willis, Wallace, Ammons, Thapedi

Senate Sponsor: Morrison, Collins, Hunter, Nybo (Added After Passage: Martinez, Bush, Lightford, Sims, Murphy, Hutchinson, Van Pelt)

Status: House/Concurrence on Senate Amendment 1

Senate Amendment 1 - Adopted

Replaces everything after the enacting clause. Creates the Lethal Violence Order of Protection Act. Provides that a petitioner may request an emergency lethal violence order of protection by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type, and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a lethal violence order of protection. Provides for the issuance of ex parte orders and one year orders. Provides that if the court issues the order the respondent must: (1) refrain from having in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession. Establishes factors for renewing and terminating lethal violence orders of protection. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes.




HB1273 Gun Dealer Licensing Trailer Bill

Oppose

House Sponsor: Willis, Conyears-Ervin, Greenwood

Senate Sponsor: Harmon, Holmes, Hunter, Murphy, Sims, Murphy, Morrison, Lightford, Steans

Status: Total Veto

Senate Amendment 2 - Adopted

Replaces everything after the enacting clause. Provides that if and only if Senate Bill 1657 of the 100th General Assembly becomes law in the form in which it passed the Senate on April 27, 2017, then the Gun Dealer Licensing Act is amended by providing that the requirement that a licensee who operates the business at a permanent physical location that is open to the public, that location shall be equipped with a video surveillance system sufficient to monitor the critical areas of the business premises, including, but not limited to, all places where firearms are stored, handled, sold, transferred, or carried does not take effect until January 1, 2021, provides that a video surveillance system of the licensee's business premises may not be installed in a bathroom and may not monitor the bathrooms located in the business premises, provides the renewal period for each license shall be 5 years, and provides that an application fee or renewal fee for a dealership license or a dealer license shall not exceed $1,000 for the 5-year period. Effective upon Senate Bill 1657 of the 100th General Assembly becoming law.




HB1465 Assault Weapon - 21

Oppose

House Sponsor: Mussman, Harris (Greg), Lang, Feigenholtz, Flowers, Lilly, Gordon-Booth (Added After Passage: Soto, Stratton, Conyears-Ervin, Greenwood, Gabel, Fine, Hernandez)

Senate Sponsor: Muñoz, Morrison, Collins, Silverstein, Hutchinson, Steans, Martinez, Biss, Hunter, Sandoval, Sims (Removed: Oberweis)

Status: House/Concurrence on Senate Amendment 1

House Amendment 1 - Adopted

Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Provides that on or after the effective date of the bill, it is unlawful for any person within the State to knowingly deliver or sell, or cause to be delivered or sold, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge to, any person under 21 years of age. Makes it unlawful for any person under 21 years of age to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge 90 days after the effective date of the bill. Provides exemptions and penalties. Provides that it is unlawful for any person within the State to knowingly deliver or sell, or cause to be delivered or sold, a large capacity ammunition feeding device to a person under 21 years of age. Provides that it is unlawful for any person under 21 years of age to possess a large capacity ammunition feeding device within the State. Provides exemptions and penalties. Effective immediately.

House Amendment 2 - Adopted

Provides that an exemption for sanctioned events applies to events sanctioned by either the International Olympic Committee or USA Shooting (currently, the exemption applies only to events sanctioned by both the International Olympic Committee and USA Shooting). Provides an exemption for possession of an assault weapon of a person under 21 years of age for the limited purpose of training for or participation in a sanctioned competitive shooting event supervised by a certified firearms instructor, if, while traveling to or from the location the firearm is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms. Defines "sanctioned competitive shooting event".

Senate Amendment 1 - Adopted

Provides an affirmative defense for the unlawful possession of assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge by a person who is under 21 years of age if: (1) the person owned or possessed the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prior to the effective date of the amendatory Act; (2) the person possessed the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge while in the presence of a person who holds a valid Firearm Owner's Identification Card who is above the age of 21; (3) the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge was located in a vehicle and the registered owner of the vehicle is a person who holds a valid Firearm Owner's Identification Card who is above the age of 21; or (4) the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge was located in a residence and the owner of the residence is a person who holds a valid Firearm Owner's Identification Card who is above the age of 21.




HB1467 Bumpstock Ban and Preemption Repeal

Oppose

House Sponsor: Moylan, Welch, Burke (Dan), Lang, Arroyo, Carroll, Harris (Greg), D'Amico, Conyears-Ervin, Davis, Flowers, Stratton, Gabel, Willis, Manley, Chapa LaVia, Burke (Kelly), Lilly, Thapedi, Ford, Crespo, Connor, Riley, Feigenholtz, Moeller, Greenwood, Mayfield (Added After Passage: Wallace, Ammons, Smith, Flynn-Currie, Drury, Soto, Andrade, Fine, Hernandez)

Senate Sponsor: Raoul, Morrison, Murphy, Collins, Silverstein, Hutchinson, Steans, Martinez, Nybo, Biss (Added After Passage: Hunter, Sandoval, Sims), (Removed: Oberweis)

Status: House/Concurrence on Senate Amendment 1

House Amendment 1 - Adopted

Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Prohibits 90 days after the effective date of the bill, the knowing sale, manufacture, purchase, possession, or carrying of a bump stock or trigger crank. Defines "bump stock" and "trigger crank". Establishes penalties. Effective immediately.

Senate Amendment 1 - Adopted

Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. Provides that a municipality, including a home rule unit, may not regulate the possession and ownership of assault weapons in a manner less restrictive than the regulation by the State of the possession and ownership of assault weapons under the Act. Provides that a municipality, including a home rule unit, may regulate the possession and ownership of assault weapons in a manner more restrictive than the regulation by the State under this Act. Provides that this provision is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. Amends the Criminal Code of 2012 concerning unlawful use of weapons. Provides that 90 days after the effective date of the bill, it is unlawful for a person to knowingly import, sell, manufacture, transfer, or possess, in this State, a bump-fire stock or trigger crank for a semi-automatic firearm that does not convert the semi-automatic firearm into a machine gun. Defines "bump-fire stock" as a butt stock designed to be attached to a semi-automatic firearm and designed, made, or altered, and intended to increase the rate of fire achievable with the firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate reciprocating action that facilitates repeated activation of the trigger. Defines "trigger crank" as any device that can be externally fitted to the trigger guard or stock of a firearm that actuates the firearm using a crank. Provides that a violation is a Class 4 felony. Effective immediately.




HB1468 "Assault Weapon" - 72 Hour Wait

Oppose

House Sponsor: Carroll, Harris (Greg), Lang, Lang, Flowers, Lilly, Gordon-Booth, Conyears-Ervin, Greenwood, Fine, Gabel, Moeller, Feigenholtz, Evans, Mussman, Wallace, Hernandez

Senate Sponsor: Morrison, Collins, Silverstein, Hunter, Raoul, Hutchinson, Steans, Bush, Martinez, Biss, Mur[hym Sandoval, Sims

Status: Amendatory Veto

House Amendment 1 - Adopted

Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Defines "assault weapon". Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she knowingly delivers any assault weapon without withholding delivery of the assault weapon for at least 72 hours, including to a nonresident of the State while at a firearm showing or display recognized by the Department of State Police. Provides that a violation is a Class 4 felony. Effective immediately.




SB2343 Bump Stock Ban

Oppose

Senate Sponsor: Raoul, Morrison, Bush, Collins, Sims, Muñoz, Hunter

House Sponsor: Moylan

Status: House/Second Reading

Senate Amendment 1 - Adopted

Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Prohibits beginning 90 days after the effective date of the bill, the knowing sale, manufacture, purchase, possession, or carrying of a bump stock or trigger crank. Defines "bump stock" and "trigger crank". Establishes penalties. Effective immediately.




HB2354 Lethal Order of Protection

Oppose (Neutral with Adoption of House Amendments 1 & 2)

Sponsor: Willis, Fine, Gabel, Evans, Sims, Slaughter, Drury, Harper, Wallace, Guzzardi, Mah, Andrade, Feigenholtz, Burke (Dan), Conroy, Williams, Cassidy, Burke (Kelly), Davis, Moeller, Mitchell (Christian), Welch, Riley, Currie, Soto, Harris (Greg), Hernandez, Mussman, Lang, Lilly, Connor Stratton, Ammons, Carroll, Chapa LaVia, Smith, Breen, Reick, Olsen, Evans, Batinick, Wehrli, Andersson, Kifowit, Harris (David)[/red]

Status: Third Reading (Deadline 5/25/2018)

Synopsis As Introduced

Creates the Lethal Violence Order of Protection Act. Provides that a petitioner may request an emergency lethal violence order of protection by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type, and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a lethal violence order of protection. Provides for the issuance of ex parte orders and one year orders. Provides that if the court issues the order the respondent must: (1) refrain from having in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession. Establishes factors for renewing and terminating lethal violence orders of protection. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes.

House Amendment 1 - Approved for Consideration

Replaces everything after the enacting clause. Creates the Firearms Restraining Order Act. Provides that a petitioner may request an emergency firearms restraining order by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type, and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a firearms restraining order. Provides for the issuance of ex parte orders and 6-month orders. Provides that if the court issues the order the respondent must: (1) refrain from having in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession. Provides that a respondent whose Firearm Owner's Identification Card has been revoked may petition the court to transfer the respondent's firearm to a person who is lawfully able to possess the firearm if the person does not reside at the same address as the respondent. Provides that notice of the petition shall be served upon the person protected by the firearms restraining order. Establishes factors for renewing and terminating firearms restraining orders. Provides that if the court denies issuance of a firearms restraining order against the respondent, all records of the proceeding shall be immediately expunged from the court records. Provides that if the firearms restraining order is granted, all records of the proceeding shall, 3 years after the expiration of the order, be sealed. Provides that any act of omission or commission by any law enforcement officer acting in good faith in rendering emergency assistance or otherwise enforcing this Act shall not impose civil liability upon the law enforcement officer or his or her supervisor or employer, unless the act is a result of willful or wanton misconduct. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes.

House Amendment 2 - Approved for Consideration

Replaces everything after the enacting clause. Creates the Firearms Restraining Order Act. Provides that a petitioner may request an emergency firearms restraining order by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a firearms restraining order. Provides for the issuance of ex parte orders and 6-month orders. Provides that if the court issues the order, the respondent must: (1) refrain from having in his or her custody or control, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession. Provides that a respondent whose Firearm Owner's Identification Card has been revoked may petition the court to transfer the respondent's firearm to a person who is lawfully able to possess the firearm if the person does not reside at the same address as the respondent. Provides that notice of the petition shall be served upon the person protected by the firearms restraining order. Provides that if a person other than the respondent claims title to any firearms surrendered under this provision, he or she may petition the court, if the petitioner is present in court or has notice of the petition, to have the firearm returned to him or her. Provides that if the court determines that person to be the lawful owner of the firearm, the firearm shall be returned to him or her, provided that: (1) the firearm is removed from the respondent's custody, control, or possession and the lawful owner agrees to store the firearm in a manner such that the respondent does not have access to or control of the firearm; and (2) the firearm is not otherwise unlawfully possessed by the owner. Provides that the person petitioning for the return of his or her firearm must swear or affirm by affidavit that he or she: (1) is the lawful owner of the firearm; (2) shall not transfer the firearm to the respondent; and (3) will store the firearm in a manner that the respondent does not have access to or control of the firearm. Establishes factors for renewing and terminating firearms restraining orders. Provides that if the court denies issuance of a firearms restraining order against the respondent, all records of the proceeding shall be immediately expunged from the court records. Provides that if the firearms restraining order is granted, all records of the proceeding shall, 3 years after the expiration of the order, be sealed. Provides that any act of omission or commission by any law enforcement officer acting in good faith in rendering emergency assistance or otherwise enforcing this Act shall not impose civil liability upon the law enforcement officer or his or her supervisor or employer, unless the act is a result of willful or wanton misconduct. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes.




SB2561 Pre-Package Explosive Component

Oppose

Senate Sponsor: Morrison, Lightford, Collins, Raoul, Curran, Nybo, Van Pelt, Connelly, Martinez

House Sponsor: Carroll, Connor, Willis, Evans, Welch, Mussman

Status: Held on Second Reading

Synopsis As Introduced

Amends the Firearm Owners Identification Card Act. Provides that no person may acquire or possess any pre-packaged explosive components within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police. Provides exemptions. Amends the Criminal Code of 2012. Provides that a person commits unlawful sale or delivery of pre-packaged explosive components when he or she knowingly sells or gives pre-packaged explosive components to a person who is disqualified under the Firearm Owner's Identification Card Act; sells or transfers pre-packaged explosive components to a person who does not display to the seller or transferor of the pre-packaged explosive components a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the Firearm Owners Identification Card Act; or sells or gives pre-packaged explosive components while engaged in the business of selling pre-packaged explosive components at wholesale or retail without being licensed as a federal firearms dealer under the federal Gun Control Act of 1968. Provides that any person who is convicted of unlawful sale or delivery of pre-packaged explosive components commits a Class 4 felony. Defines "pre-packaged explosive components". Makes other changes. Effective July 1, 2018.




SB2640 State Police - Firearms


Support

Senate Sponsor: Muñoz

House Sponsor: Hoffman, Cabello, Davidsmeyer, Burke

Status: House/Second Reading

Senate Amendment 3 - Adopted

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that the Director of State Police shall establish a policy (in the introduced bill, program) to allow a State Police officer who is honorably retiring or separating (in the introduced bill, honorably retiring) in good standing to purchase either one or both of the following: (i) any State Police badge previously issued to that officer; or (ii) if the officer has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer by the Department of State Police. Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Provides that the Director of Natural Resources shall establish a program to allow a Conservation Police Officer who is honorably retiring in good standing to purchase either one or both of the following: (1) any Department of Natural Resources police badge previously issued to that officer; or (2) if the officer has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer by the Department of Natural Resources. Amends the Illinois Vehicle Code. Provides that the Director of the Secretary of State Department of Police shall establish a program to allow a Secretary of State Police officer, inspector, or investigator who is honorably retiring in good standing to purchase either one or both of the following: (1) any Secretary of State Department of Police badge previously issued to that officer, inspector, or investigator; or (2) if the officer, inspector, or investigator has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer, inspector, or investigator by the Secretary of State Department of Police. Provides that the cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value. Makes conforming changes. Effective immediately.

House Amendment 1 - Adopted

Amends the Peace Officer Fire Investigation Act. Provides that the Office of the State Fire Marshal shall establish a policy to allow a State Fire Marshal Arson Investigator Special Agent who is honorably retiring or separating in good standing to purchase either one or both of the following: (i) any badge previously issued to that State Fire Marshal Arson Investigator Special Agent; or (ii) if the State Fire Marshal Arson Investigator Special Agent has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the State Fire Marshal Arson Investigator Special Agent by the Office of the State Fire Marshal. Provides that the cost of the firearm purchased shall be the replacement value of the firearm and not the firearm's fair market value. Provides that all funds received by the agency under this program shall be deposited into the Fire Prevention Fund. Makes conforming changes to the State Property Control Act.

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Senate Calendar

12:00 Noon

 

SB337 Gun Dealer Licensing - Various

 

Oppose

 

Senate Sponsor: Harmon, Martinez, Raoul, Collins, Morrison, Silverstein, Van Pelt, Castro, Koehler, Nybo, Sims

 

Status: Third Reading (Deadline 5/31/2018)

 

Senate Amendment 2 - Adopted

 

Replaces everything after the enacting clause. Creates the Gun Dealer Licensing Act. Provides that it is unlawful for a person to engage in the business of selling, leasing, or otherwise transferring firearms without a license issued by the Department of Financial and Professional Regulation. Provides that a dealership agent other than a dealer licensee-in-charge may act on behalf of the licensed dealership without being licensed as a dealer under the Act. Creates the Gun Dealer Licensing Board consisting of 5 members appointed by the Secretary of Financial and Professional Regulation to recommend policies, procedures, and rules relevant to the administration and enforcement of the Act. Provides that the holder of a dealership license issued under the Act may employ in the conduct of his or her business dealership agents. Establishes qualifications for obtaining dealership licenses and for being employed as a dealership agent. Establishes penalties for violations of the Act. Provides for rulemaking, including emergency rulemaking. Amends the Regulatory Sunset Act. Provides that the Act is repealed on January 1, 2028. Amends the Illinois Administrative Procedure Act. Makes conforming changes.

 

Senate Amendment 3 - Approved for Consideration

 

Replaces everything after the enacting clause. Creates the Combating Illegal Gun Trafficking Act. Creates the Firearm Dealer License Certification Act. Provides that each Federal Firearms Licensee shall file with the Department of State Police a copy of its license, together with a sworn affidavit indicating that the license presented is in fact its license and that the license is valid. Provides that upon receipt and review by the Department, the Department shall issue a certificate of license to the licensee, allowing the licensee to conduct business within the State. Establishes qualifications of certified licensees. Provides that on or before January 2, 2021, each certified licensee operating a retail location in the State must maintain a video security system and shall maintain video surveillance of critical areas of the business premises, including, but not limited to, all places where firearms are stored, handled, sold, transferred, or carried, and each entrance and exit. Provides that on or before January 2, 2020, each certified licensee maintaining an inventory of firearms for sale or transfer must be connected to an alarm monitoring system or service that will notify local law enforcement of an unauthorized intrusion into the premises of the licensee where the firearm inventory is maintained. Provides that each certification shall be valid for the term of the Federal Firearms License being certified. Requires licensees to certify each new or renewed Federal Firearms License. Provides that the Department shall set and collect a fee for each licensee certified under this Act. Provides that the fee may not exceed $300 for a certified licensee operating without a retail location. The fee may not exceed $1,500 for any certified licensee operating with a retail location. Provides that any person within this State who transfers or causes to be transferred, by private sale, any firearm, stun gun, or taser shall keep a record of the transfer for a period of 10 years from the date of transfer. Creates the Gun Trafficking Information Act. Provides that the Department of State Police shall use all reasonable efforts in making publicly available, on a regular and ongoing basis, key information related to firearms used in the commission of crimes in this State, including, but not limited to: reports on crimes committed with firearms, locations where the crimes occurred, the number of persons killed or injured in the commission of the crimes, the state where the firearms used originated, the licensee that sold the firearm, and the type of firearms used. Provides that the Department shall study, on a regular and ongoing basis, and compile reports on the number of Firearm Owner's Identification Card checks to determine firearms trafficking or straw purchase patterns. Provides that the Department shall, to the extent not inconsistent with law, share such reports and underlying data with academic centers, foundations, and law enforcement agencies studying firearms trafficking; provided that personally identifying information is protected. provides that for purposes of this provision, a Firearm Owner's Identification Card number is not personally identifying information, provided that no other personal information of the card holder is attached to the record. Provides that the Department shall make the information available on its website, in addition to electronically filing a report with the Governor and the General Assembly. Provides that each department, office, division, and agency of this State shall, to the extent not inconsistent with law, cooperate fully with the Department and furnish the Department with all relevant information and assistance on a timely basis as is necessary to accomplish the purpose of the Act. Provides that the Illinois Criminal Justice Information Authority shall submit the information required by the Act to the Department of State Police, as requested by the Department, to assist the Department in carrying out its duties under this Act. Amends the Firearm Owners Identification Card Act to make conforming changes. Provides that the provisions of the Act are severable.

 

Senate Amendment 4 - Pending

 

Provides that the Department of State Police may consider the revocation or suspension within the context of the conduct of the certified licensee within this State, the number of retail locations the certified licensee or any related person or entity operates in this State or in other states, under the same or different business names, and the severity of the infraction leading to revocation or suspension. Provides that the Department shall consider the number of retail locations operated by the certified licensee in this State, under the same or different business names, and shall set fees appropriate for certifying multiple licenses operated by the certified licensee. Provides that all fees and fines collected under the Firearm Dealer License Certification Act shall be deposited in the Firearm Dealer License Certification Fund which is created in the State treasury. Provides that moneys in the Fund shall be used for implementation and administration of the Firearm Dealer License Certification Act. Provides that the Department shall require of an applicant for certification all trade, business, or assumed names used by the certified licensee by and under which the certified licensee sells, transfers, or facilitates transfers of firearms. Provides that in the amendatory changes to the Firearm Owners Identification Card Act, the penalty for failure to maintain the transfer records in accordance with the Act applies for transfers of a firearm, stun gun, or taser made on or after the effective date of the amendatory Act. Amends the State Finance Act to make a conforming change.

 

 

 

 

SB2314 "Assault Weapons" - Municipality (Preemption)

 

Oppose

 

Senate Sponsor: Morrison, Raoul, Collins, Martinez, Muñoz

 

Status: Third Reading (Deadline 5/31/2018)

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Provides that the regulation of the possession or ownership of assault weapons are exclusive powers and functions of each municipality (rather than this State). Eliminates existing preemption provision concerning the regulation of assault weapons.

 

 

 

 

SB2387 Regulation Tech

 

Oppose

 

Senate Sponsor: Morrison, Nybo, Bush, Aquino, Link, Cunningham, Murphy, Martinez, Curran, Lightford, Jones, Castro, Koehler, Muñoz, Collins, Stens, Hunter, Rezin, McGuire

 

Status: Third Reading (Deadline 5/31/2018)

 

Senate Amendment 1

 

Senate Amendment 2

 

Senate Amendment 3 - Approved for Consideration

 

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.

 

 

 

 

HB4855 FOID Renewal & Suspension

 

Neutral

 

House Sponsor: Wheeler (Barb), Guzzardi, Martwick, Batinick, Long

 

Senate Sponsor: Muñoz, Mulroe, Haine, McConnaughy, Bivins, Barickman, Curran, Althoff, Hunter. Syverson, Nybo

 

Status: Senate/Second Reading

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Defines "patient" for purposes of the Act. Provides that renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. 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. Provides that the cost for a renewal application shall be $10 which shall be deposited into the State Police Firearm Services Fund. Provides that the Department of State Police may, by rule in a manner consistent with the Department's rules concerning revocation, provide for the suspension of the Firearm Owner's Identification Card of a person whose Firearm Owner's Identification Card is subject to revocation and seizure under the Act for the duration of the disqualification if the disqualification is not a permanent grounds for revocation of a Firearm Owner's Identification Card under the Act. Provides that the cost for replacement of a lost, destroyed, or stolen card shall be $5 if the loss, destruction, or theft of the card is reported to the Department of State Police. Provides the fee shall be deposited into the State Police Firearm Services Fund. Makes other changes.

 

 

House Amendment 2 - Adopted

 

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Defines "patient" for purposes of the Act as a person who is admitted as an inpatient or resident of a public or private mental health facility for mental health treatment under the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission, unless the treatment was solely for an alcohol abuse disorder; or a person who voluntarily or involuntarily receives mental health treatment as an out-patient or is otherwise provided services by a public or private mental health facility, and who poses a clear and present danger to himself, herself, or to others (in the introduced bill, as a person who: is admitted as an in-patient or resident of a public or private mental health facility for mental health treatment under the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission; or is otherwise provided mental health treatment as an in-patient or resident by a public or private mental health facility, unless the treatment was solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness; or a person who voluntarily or involuntarily receives mental health treatment as an out-patient or is otherwise provided services by a public or private mental health facility, and who poses a clear and present danger to himself, herself, or to others).

 

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Posted · Hidden by mauserme, May 16, 2018 at 02:33 AM - No reason given
Hidden by mauserme, May 16, 2018 at 02:33 AM - No reason given
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The following were approved for consideration in House Committee yesterday:










We won't watch SB2642 very closely.



In Senate Committee, Senate Amendment 3 on SB337 Gun Dealer Licensing - Various was approved for consideration.


SB2387 Regulation Tech also came out of the Assignments Committee and is now on the Senate Calendar at third reading.



Both House and Senate are scheduled for 12:00 Noon.




Next Days Scheduled


House: 5/17/2018

Senate: 5/17/2018



House Calendar


Senate Calendar

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scramble


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Senate Amendment 4 was filed on SB337 Gun Dealer Licensing this morning:

 

Provides that the Department of State Police may consider the revocation or suspension within the context of the conduct of the certified licensee within this State, the number of retail locations the certified licensee or any related person or entity operates in this State or in other states, under the same or different business names, and the severity of the infraction leading to revocation or suspension. Provides that the Department shall consider the number of retail locations operated by the certified licensee in this State, under the same or different business names, and shall set fees appropriate for certifying multiple licenses operated by the certified licensee. Provides that all fees and fines collected under the Firearm Dealer License Certification Act shall be deposited in the Firearm Dealer License Certification Fund which is created in the State treasury. Provides that moneys in the Fund shall be used for implementation and administration of the Firearm Dealer License Certification Act. Provides that the Department shall require of an applicant for certification all trade, business, or assumed names used by the certified licensee by and under which the certified licensee sells, transfers, or facilitates transfers of firearms. Provides that in the amendatory changes to the Firearm Owners Identification Card Act, the penalty for failure to maintain the transfer records in accordance with the Act applies for transfers of a firearm, stun gun, or taser made on or after the effective date of the amendatory Act. Amends the State Finance Act to make a conforming change.


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Made me read that SB 337 bill. WOW, this is such a BAD bill. No attempt to remedy what garnered opposition.

 

Am I reading the following right? I.E. If say a LGS has multiple licenses (i.e. a business and this new stupid license), if any are not current, they are decertified on all?

 

"

(a) Beginning 90 days after the effective date of this Act, 6 it is unlawful for a person or entity to engage in the business 7 of selling, leasing, or otherwise transferring firearms 8 without a valid certificate of license issued under this Act. 9 In the event that a person or entity maintains multiple 10 licenses to engage in different lines of business requiring 11 different licenses at one location, then the licenses shall be 12 deemed one license for purposes of certification."

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Senator Nybo rises to ask Senator Harmon of various retailers' concerns with the bill.

 

Senator Harmon speaks to the "big box exemption" in SB1657. It has been removed. He claims to have tried to adapt to licensing at multiple locations.

 

He says "this is a Senate Bill going to the House. We will still have time to revise it if we need to, but we're running out of session days".

 

He does not say this is still a cow pie hiding in the field.

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