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Fix The FOID Act ?

Fix THE FOID ACT ?

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#1 Colt guy

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Posted 09 April 2019 - 03:15 PM

Is that what these folks are calling Williss bill ? This is from the Patch. Usual suspects expect ISP to do a million more things to law abiding people with the same amount of help ?

CHICAGO, IL Chicago Superintendent Eddie Johnson stood with gun control advocates and state officials outside of the Thompson Center Tuesday morning, just steps from the place where Chicago Police Commander Eddie Bauer was shot to death just more than a year ago. Those present at the press conference had gathered with a common purpose: to discuss the Fix The FOID Act, a new bill that aims to strengthen gun licensing laws in an effort to prevent tragedies like Bauer's death and the mass shooting at Henry Pratt Manufacturing in Aurora that left five employees dead on Feb. 15.

Gary Martin, the shooter responsible for the Henry Pratt massacre, used a .40-caliber Smith and Wesson handgun that he purchased after his FOID application was approved because a prior felony conviction did not show up on a background check. The shooter's FOID was later revoked after the felony showed up during a background check for a Firearm Conceal and Carry License (FCCL).

The Fix the FOID Act (HB 96) hopes to pinpoint and correct loopholes or oversights that permit felons to get and keep guns. A press release states that HB 96 would "help ensure that people with a violent criminal history, who are prohibited from gun possession, cannot evade the law and arm themselves."

Rep. Barbara Hernandez, who represents Aurora in the Illinois 83rd House District, is the bill's chief co-sponsor.

"The shooter at Henry Pratt never should have had a gun in his possession," Hernandez said. "With the small, yet vital, changes to our gun licensing system that the Fix the FOID Act proposes, we can prevent these tragedies from repeating themselves."

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Johnson said part of the gun control effort will also be to increase enforcement against illegal firearm trafficking.

Also present to show support of the bill were members of the Gun Violence Prevention Action Committee and the Illinois Gun Violence Prevention Coalition, groups that sponsored the bill.

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#2 Euler

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Posted 09 April 2019 - 04:09 PM

The basis for their argument is that an out-of-state felon who wasn't reported to the background check system will still show up as a felon when his prints are run.

If that's true, shouldn't the fix be to have anyone with a felony record and fingerprints on federal file included in the background system by default? How do the federal systems work now for that not to be true already? Do states have to submit criminal records to two different systems, one with prints and one without? And for some reason they're regularly (although perhaps infrequently) skipping the one without prints?

My impression has been that when a state drops the ball reporting something to the feds, they drop it all the way.
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#3 Flynn

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Posted 09 April 2019 - 04:41 PM

"help ensure that people with a violent criminal history, who are prohibited from gun possession, cannot evade the law and arm themselves."
 
As if criminals will magically start to obey the law, because they passed another law!  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:  :rofl:

Edited by Flynn, 09 April 2019 - 04:41 PM.

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#4 InterestedBystander

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Posted 09 April 2019 - 04:43 PM

That may be what they are calling it now. The inital discussion was for Aurora Gun Omnibus Safety Act, but it doesnt look like it all made it into the amendment...yet

54727877_10156399458257775_4741821564696

Edited by InterestedBystander, 09 April 2019 - 04:44 PM.

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#5 Mr. Fife

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Posted 09 April 2019 - 06:22 PM

What complete moron was stupid enough to get a job writing such stupidity as "Commander Eddie Bauer"???
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#6 springfield shooter

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Posted 09 April 2019 - 06:40 PM

"Small, yet vital changes." Rep. Hernandez is obviously un-familiar with the common sense definitions of "small" and "vital".


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#7 ragsbo

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Posted 09 April 2019 - 07:25 PM

While a court rules that the FOID is unconstitutional, these idiots want to make it even more abusive and restrictive. Raise the price, the  need to go to the State Police to file for it, cut the time it is good for in half, and add the cost of finger prints to it all.



#8 steveTA84

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Posted 09 April 2019 - 07:36 PM

7IN7ScS.jpg

#9 InterestedBystander

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Posted 09 April 2019 - 07:37 PM

They cant manage applications and renewals now in a timely manner. There are around 22 ISP disctrict offices usually covering multiple counties...how are they expected to do in person visits?
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#10 mab22

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Posted 09 April 2019 - 07:56 PM

That may be what they are calling it now. The inital discussion was for Aurora Gun Omnibus Safety Act, but it doesnt look like it all made it into the amendment...yet54727877_10156399458257775_4741821564696


Gotta love these walking contradictions “ 1. Raise the fee it’s good for ten years , 2. Shorten the license from 10 to 5” doesn’t number 2 negate what they said in number 1 that it’s good for 10 Year’s?
These people are geniuses, GENIUSES I SAY!

3. How would you know if someone WAS or WAS NOT in compliance with the order, get a court order and kick the door down to verify?
8. Really? We give them out to dangerous people, why does the current law allow that?
Void the FOID!

#11 biggun 1

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Posted 09 April 2019 - 08:08 PM

While a court rules that the FOID is unconstitutional, these idiots want to make it even more abusive and restrictive. Raise the price, the  need to go to the State Police to file for it, cut the time it is good for in half, and add the cost of finger prints to it all.

the anti,s are really going to flip out if the foid act is repealed,is it me or have the lefty,s gone crazy latley?



#12 markthesignguy

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Posted 09 April 2019 - 09:28 PM

Seems everyone's missing the FFL transfer provisions. Exceptions IN-range loan, directly supervised minor hunting, gift or inheritance to defined family.

NON-FFL transfers will all be FELONIES, FFL HAS to check SELLER if deal falls through.

 

They DID make an exception for "buy backs".

 

in-person: both the foid appliction and all FOID application evidence submission

 

fingerprints

 

"scare" warning before issuing FOID card

 

24                       Prior to
25        issuing a Firearm Owner's Identification Card, the Department

 

 
        10100HB0096ham001    - 22 -    LRB101 02938 SLF 59467 a

1        must provide an applicant with the following statement in
2        printed form: "Warning: The presence of a firearm in the home
3        has been associated with an increased risk of death to self and
4        others, including an increased risk of suicide, death during
5        domestic violence incidents, and unintentional deaths to
6        children and others."

 

Sheriff SHALL (instead of "MAY") petition for  Search Warrant on Revoked FOID if there is Probable Cause

 

NO MORE petty offenses, just Felony level offenses.

 

And there is something buried in there that makes me wonder and scratch my head:

 

under  430 ILCS  66/35

 

22            The Department may deny an applicant if law enforcement
23        determines that the applicant poses a significant danger of
24        causing bodily injury to himself, herself, or another person in
25        the near future by possessing a concealed firearm. If the
26        applicant has been denied because the Department determines

 

 
        10100HB0096ham001    - 32 -    LRB101 02938 SLF 59467 a

1        that he or she poses a significant danger to himself, herself,
2        or another person in the near future, the Department shall
3        specify the basis for that determination.
4        (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)


Edited by markthesignguy, 09 April 2019 - 09:35 PM.

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#13 kevinmcc

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Posted 09 April 2019 - 09:36 PM

Barbara Hernandez is amazingly ignorant if she thinks any law will prevent tragedies from repeating themselves.

Amazing!
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#14 BobPistol

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Posted 09 April 2019 - 10:17 PM

I thought an appeals court is going to FIX THE FOID CARD :)


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#15 mab22

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Posted 09 April 2019 - 10:21 PM

I thought an appeals court is going to FIX THE FOID CARD :)

We pray the court does thereby declare it unconstitutional and strikes it down in its entirety with the sword of liberty.

Edited by mab22, 09 April 2019 - 10:22 PM.

Void the FOID!

#16 Rangerdeepv

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Posted 10 April 2019 - 11:59 AM

Sounds like they are getting pretty desperate. This is pure window dressing what will solve nothing....................



#17 JTHunter

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Posted 10 April 2019 - 12:42 PM

I thought an appeals court is going to FIX THE FOID CARD :)

 

It is but from their perspective.

 

Sounds like they are getting pretty desperate. This is pure window dressing what will solve nothing....................

 

Yes, they are getting desperate.  They are seeing their SCOTUS majority (and other courts as well) slip away with this President and that has many of them in a panic.  And yes, it IS window dressing.  Most of them realize that these new restrictions may not have their desired effect, so they are already planning on what even more heinous restrictions they can devise to take more guns away from honest people.


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#18 markthesignguy

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Posted 10 April 2019 - 08:33 PM

I thought an appeals court is going to FIX THE FOID CARD :)

Not with the attorney that I heard arguing the case.  SMH.  and I won't buy an "everybody can have a bad day" argument.

 

SEVERELY disappointed.


Edited by markthesignguy, 10 April 2019 - 08:33 PM.

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#19 tricolor

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Posted 11 April 2019 - 08:57 AM

 

I thought an appeals court is going to FIX THE FOID CARD :)

Not with the attorney that I heard arguing the case.  SMH.  and I won't buy an "everybody can have a bad day" argument.

 

SEVERELY disappointed.

 

 

Do you have a link to the oral arguments?   The case must be further along than I thought. 



#20 mikew

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Posted 11 April 2019 - 12:38 PM

 

I thought an appeals court is going to FIX THE FOID CARD :)

Not with the attorney that I heard arguing the case.  SMH.  and I won't buy an "everybody can have a bad day" argument.

 

SEVERELY disappointed.

 

If we're talking about the attorney in Wilson v Cook, has he ever lost a Second Amendment case?

 

Not to my knowledge.

 

If fact, he won again in federal court today for the ISRA and SAF in a case against the East St Louis Housing Authority.



#21 InterestedBystander

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Posted 11 April 2019 - 12:54 PM

I thought an appeals court is going to FIX THE FOID CARD :)

Not with the attorney that I heard arguing the case.  SMH.  and I won't buy an "everybody can have a bad day" argument.
 
SEVERELY disappointed.
 
Do you have a link to the oral arguments?   The case must be further along than I thought.

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#22 Euler

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Posted 11 April 2019 - 01:18 PM

Not with the attorney that I heard arguing the case.  SMH.  and I won't buy an "everybody can have a bad day" argument.
 
SEVERELY disappointed.


If we're talking about the attorney in Wilson v Cook, has he ever lost a Second Amendment case?
 
Not to my knowledge.
 
If fact, he won again in federal court today for the ISRA and SAF in a case against the East St Louis Housing Authority.


The SAF says Sigale "holds the record for the most gun rights court victories in the legal profession." It's possible that he's just better at thinking on paper than he is on his feet. A jury trial is more about theater. 2A cases don't have juries, so they're less about theater.
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#23 Popeye

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Posted 22 May 2019 - 05:47 AM

My FOID expires in 2021 and I know the "Fix the FOID" legislation will become law since there aren't enough pro-gun people in office in Springfield to stop it. It would be nice to be able to renew it before it's enacted to save being fingerprinted and paying the increased fee.


If it weren't for physics and law enforcement I'd be unstoppable.

#24 smokehouse

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Posted 22 May 2019 - 07:11 AM

My FOID expires in 2021 and I know the "Fix the FOID" legislation will become law since there aren't enough pro-gun people in office in Springfield to stop it. It would be nice to be able to renew it before it's enacted to save being fingerprinted and paying the increased fee.

 

Same here, 2021. I hate to be so pessimistic, but I too have a feeling this mess is going to pass. I dread having to go through the mess of getting a FOID after all of this is done. I was dreading having to do it under the current law...this new one is going to really suck.



#25 Raw Power

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Posted 22 May 2019 - 08:10 AM

What complete moron was stupid enough to get a job writing such stupidity as "Commander Eddie Bauer"???

 

Please respect the dead. Eddie Bauer was a good officer who died in the line of duty chasing a violent suspect. He was probably one of the last good beat cops in Chicago who rose through the ranks and still treated his job seriously.

 

I think it's a shame that they're trying to use his name and tragic death to pass this garbage, and I doubt he would have approved of it.



#26 Popeye

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Posted 22 May 2019 - 08:18 AM

 

My FOID expires in 2021 and I know the "Fix the FOID" legislation will become law since there aren't enough pro-gun people in office in Springfield to stop it. It would be nice to be able to renew it before it's enacted to save being fingerprinted and paying the increased fee.

 

Same here, 2021. I hate to be so pessimistic, but I too have a feeling this mess is going to pass. I dread having to go through the mess of getting a FOID after all of this is done. I was dreading having to do it under the current law...this new one is going to really suck.

 

I'm moving to Texas but it won't be until 2022. If I could move it forward to the middle of 2021, I would not even bother renewing it. I might be able to change my State of residency to Texas just before my FOID expires. That's 5/2021


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#27 Popeye

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Posted 22 May 2019 - 08:19 AM

 

What complete moron was stupid enough to get a job writing such stupidity as "Commander Eddie Bauer"???

 

Please respect the dead. Eddie Bauer was a good officer who died in the line of duty chasing a violent suspect. He was probably one of the last good beat cops in Chicago who rose through the ranks and still treated his job seriously.

 

I think it's a shame that they're trying to use his name and tragic death to pass this garbage, and I doubt he would have approved of it.

 

It's not about them disrespecting anyone, it's to create empathy for their bills. Lots of bills are so named. It's part of their strategy.


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#28 chicagoresident

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Posted 22 May 2019 - 08:29 AM

Sounds like they are getting pretty desperate. This is pure window dressing what will solve nothing....................

Oh so incorrect, it is laying the groundwork for Everything. Look at the followup laws in the pipeline, they can't get it done federally but they're going to go as far as they can in Illinois until the Supreme Court steps in and says you can't.

Failure to report boating accidents-felony
Failure to transfer gun without FFL-felony
Failure to register a gun you made-felony
Failure to register any semi auto (broadly deemed "assault weapon")-felony
Possessing a gun as a felon-bigger felony

By the time you say "I'm done complying" it won't even matter because they will have a list of what you have and charges for anything they know you have that you didn't turn in.

As Mark points out

Seems everyone's missing the FFL transfer provisions. Exceptions IN-range loan, directly supervised minor hunting, gift or inheritance to defined family.
NON-FFL transfers will all be FELONIES, FFL HAS to check SELLER if deal falls through.

Every gun control initiative breaks down to these categories with the following endgame, they go hand in hand to outlaw guns:
Limiting and criminalizing access- goes along with safe storage, expanding gun free zones, blocking national reciprocity, eliminating constitutional or open carry, and changing CCW permits from shall issue to may issue.

It's chipping away at Heller to make it difficult to use a gun in self defense and adding additional cost to owning firearms.

national registry- logging the chain of custody of the firearm in a searchable database so every firearm either has an owner, a certified destruction, or becomes an illegal gun. In order to do that every sale or transfer has to go through an FFL, personal unregistered manufacture would be outlawed, and it would be a crime to both lose or get robbed of a firearm and a crime to not report it lost or stolen.

Various processing fees will be associated along the way, renewals will need to be adhered to, and missed deadlines and fees will result in your firearm becoming an illegal firearm. Lots of knocks from law enforcement making sure your guns are what and where you say they are.

It chips away at the good parts of the Firearm Owners Protection Act.

Also targeted will be gun dealers to make sure only those with a corporate legal team can comply with being an FFL. This will also make guns prohibitively expensive.

Feature bans/additions-targeting any feature that makes a firearm more effective at the same time requiring cost/technology prohibitive useless "safety" features. Once enough gun models are eliminated it switches to an approved roster list. Each manufacturer has to jump through rediculous certifications and feature additions to get their gun on the list.

The bump stock ban will eventually set some kind of precedence for retroactive confiscation once it either moves through the courts or is legislated into law.

Edited by chicagoresident, 22 May 2019 - 08:51 AM.


#29 Raw Power

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Posted 22 May 2019 - 08:44 AM

 

 

What complete moron was stupid enough to get a job writing such stupidity as "Commander Eddie Bauer"???

 

Please respect the dead. Eddie Bauer was a good officer who died in the line of duty chasing a violent suspect. He was probably one of the last good beat cops in Chicago who rose through the ranks and still treated his job seriously.

 

I think it's a shame that they're trying to use his name and tragic death to pass this garbage, and I doubt he would have approved of it.

 

It's not about them disrespecting anyone, it's to create empathy for their bills. Lots of bills are so named. It's part of their strategy.

 

 

I understand that, I was responding to someone directly who called a (good) dead cop a complete moron.



#30 Hatchet

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Posted 22 May 2019 - 08:55 AM

 

 

 

 

I understand that, I was responding to someone directly who called a (good) dead cop a complete moron.

 

I think he was talking about the person who wrote the news article at the top. As his name was Commander Paul Bauer


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