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Senate Amendment 1 to SB 44

FOID

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#1 axel2078

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Posted 08 March 2019 - 12:31 PM

Not sure if anyone has seen this yet.  My apologies if has already been mentioned, but I didn't see any topics for SB 44 unless I just missed it.  This part is a bit concerning.

 

Revoked FOID cards would include those that have been allowed to expire, even if there were to be a pending application for renewal at the time.  If there are multiple FOID holders in a household and one member has their FOID revoked, nothing would prevent law enforcement from simply seizing all firearms and ammunition in the house. The legislation makes no mention as to how an individual may recover their property if it’s incorrectly seized or if they re-acquire a FOID card.  There are no provisions to allow those revoked FOID holders to sell or dispose of their firearms to licensed dealers or valid FOID holders.



#2 thedrickster

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Posted 08 March 2019 - 12:56 PM

Not sure if anyone has seen this yet.  My apologies if has already been mentioned, but I didn't see any topics for SB 44 unless I just missed it.  This part is a bit concerning.

 

Revoked FOID cards would include those that have been allowed to expire, even if there were to be a pending application for renewal at the time.  If there are multiple FOID holders in a household and one member has their FOID revoked, nothing would prevent law enforcement from simply seizing all firearms and ammunition in the house. The legislation makes no mention as to how an individual may recover their property if it’s incorrectly seized or if they re-acquire a FOID card.  There are no provisions to allow those revoked FOID holders to sell or dispose of their firearms to licensed dealers or valid FOID holders.

 

NRA-ILA was quick on this one.



#3 BigJim

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Posted 08 March 2019 - 01:48 PM

If there are multiple FOID holders in a household and one member has their FOID revoked, nothing would prevent law enforcement from simply seizing all firearms and ammunition in the house. How is it legal to trample on the rights of someone who has done absolutely nothing wrong? This sounds like a 1983 suit waiting to happen. Sent from my SM-G955U using Tapatalk
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I will not be commanded,
I will not be controlled
And I will not let my future go on,
without the help of my soul

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#4 Redlin

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Posted 08 March 2019 - 02:17 PM

So if for some reason my wife didn't care to shoot anymore and she just allows her FOID to expire,the state could show up at my door to confiscate my guns?LOL,yeah o.k.


Arms discourage and keep the invader and plunderer in awe, and preserve order in the world... Horrid mischief would ensue were the law-abiding deprived of the use of them.

Thomas Paine


#5 Craigcelia

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Posted 08 March 2019 - 02:20 PM

I'm not sure where the bill language actually is.....

http://www.ilga.gov/...ame=041500050K1


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#6 Craigcelia

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Posted 08 March 2019 - 02:21 PM

So if for some reason my wife didn't care to shoot anymore and she just allows her FOID to expire,the state could show up at my door to confiscate my guns?LOL,yeah o.k.

Agree.....it will not happen.


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#7 Lou

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Posted 08 March 2019 - 02:42 PM

So if for some reason my wife didn't care to shoot anymore and she just allows her FOID to expire,the state could show up at my door to confiscate my guns?LOL,yeah o.k.


My wife’s FOID card is expiring in May and I just applied to renew it just for that reason.

People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf. -  George Orwell

A gun is like a parachute. If you need one, and don't have one, you'll probably never need one again. 


#8 sailor

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Posted 08 March 2019 - 02:44 PM

I'm not sure where the bill language actually is.....

http://www.ilga.gov/...ame=041500050K1

 

The language is at this link:

 

http://www.ilga.gov/...AID=15&Session=

 

As amended, the language would be (added some whitespace, and there's a lot more changed elsewhere by this too):

 

(430 ILCS 65/8)  (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation.
 
[ … ]
 
Upon revocation of a person's Firearm Owner's Identification
Card, the Department of State Police shall
 
(i) provide notice to the person;
(ii) confiscate the person's Firearm Owner's Identification
Card, firearms, and ammunition that are in his or her
possession; and
(iii) report the name and other identifying information of
that person to the National Instant Criminal Background
Check System database within 15 business days.
 
The person shall comply with Section 9.5 of this Act. It
is unlawful for a person whose Firearm Owner's
Identification Card was revoked or denied to possess a
Firearm Owner's Identification Card, firearms, or ammunition.
 
This adds that the ISP shall confiscate firearms and ammunition of the revoked person "in his or her possession" and provides no type of grace period for legal transfer of firearms. I imagine this would permit the ISP to "provide notice" by showing up at the door to then immediately "confiscate" all the firearms and ammunition.


#9 VannDaddy

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Posted 08 March 2019 - 02:54 PM

If there are multiple FOID holders in a household and one member has their FOID revoked, nothing would prevent law enforcement from simply seizing all firearms and ammunition in the house.

How is it legal to trample on the rights of someone who has done absolutely nothing wrong? This sounds like a 1983 suit waiting to happen.

Sent from my SM-G955U using Tapatalk



Sounds like a lawsuit to get rid of the FOID system for good.

#10 Kaeghl

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Posted 08 March 2019 - 02:54 PM

This is frightening. It almost seems like some idiots in the legislature are trying to arrange a confrontation between innocent firearm owners and over zealous LEOs on front porches. Some one is going to get hurt, all for 'talking points' to use to put in more stringent gun control laws.

 

Don't these gun grabbers know they're playing with fire? Don't they know this could turn in their hands and bite them?



#11 Craigcelia

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Posted 08 March 2019 - 02:59 PM

 

I'm not sure where the bill language actually is.....

http://www.ilga.gov/...ame=041500050K1

 

The language is at this link:

 

http://www.ilga.gov/...AID=15&Session=

 

As amended, the language would be (added some whitespace, and there's a lot more changed elsewhere by this too):

 

(430 ILCS 65/8)  (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation.
 
[ … ]
 
Upon revocation of a person's Firearm Owner's Identification
Card, the Department of State Police shall
 
(i) provide notice to the person;
(ii) confiscate the person's Firearm Owner's Identification
Card, firearms, and ammunition that are in his or her
possession; and
(iii) report the name and other identifying information of
that person to the National Instant Criminal Background
Check System database within 15 business days.
 
The person shall comply with Section 9.5 of this Act. It
is unlawful for a person whose Firearm Owner's
Identification Card was revoked or denied to possess a
Firearm Owner's Identification Card, firearms, or ammunition.
 
This adds that the ISP shall confiscate firearms and ammunition of the revoked person "in his or her possession" and provides no type of grace period for legal transfer of firearms. I imagine this would permit the ISP to "provide notice" by showing up at the door to then immediately "confiscate" all the firearms and ammunition.

 

Thank you.


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#12 thedrickster

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Posted 08 March 2019 - 03:16 PM

This is frightening. It almost seems like some idiots in the legislature are trying to arrange a confrontation between innocent firearm owners and over zealous LEOs on front porches. Some one is going to get hurt, all for 'talking points' to use to put in more stringent gun control laws.

 

Don't these gun grabbers know they're playing with fire? Don't they know this could turn in their hands and bite them?

 

If you actually listen to the activists driving bad policy it isn't much of a stretch, disarmament is the intent. There used to be a hard prohibition against explicitly stating the same but now, the mask slips after "events" and is completely off amongst friendlies.

 

The simplest explanation is 1) no crisis left to waste 2) the intent is to no-knock enough people for administrative technical non-compliance as to send a message to the lot of us. The writing is on the wall in this state.

 

In case the punchline isn't clear, the target IS otherwise "law abiding gun owners".


Edited by thedrickster, 08 March 2019 - 03:18 PM.


#13 Patriots & Tyrants

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Posted 08 March 2019 - 03:37 PM

So basically they let all of our FOID’s expire by not renewing in time as they do time and time again then come grab our guns with no provision to return them once the ISP sorts its own self out. What a hellscape we are creating here in Illinois.



#14 1700715

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Posted 08 March 2019 - 03:39 PM

Just because you have a foid card does not mean you have a gun either. My wife has a foid but has never purchased a weapon. Sent from my SM-G960U using Tapatalk

A government big enough to give you everything you want,

Is strong enough to take everything you have.

                                   -Thomas Jefferson-

 


#15 FST_Kent

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Posted 08 March 2019 - 03:44 PM

Not sure if anyone has seen this yet. 

 

Helps to follow along or catch up with the legislative threads.  Was posted yesterday when it happened.

 

 

Posted Yesterday, 02:12 PM

 

Senate Amendment 1 was filed on SB44 Safety - Tech

 

http://illinoiscarry...showtopic=71387

 



#16 InterestedBystander

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Posted 08 March 2019 - 04:00 PM

Some are theorizing this also permits destruction of confiscated firearms.

...Nowhere in Hastings' bill does it specify that the Illinois State Police must return the confiscated firearms and ammunition if or when the revocation is rescinded. Furthermore, the law doesn't mandate the ISP store the confiscated property, either. That suggests confiscated firearms would be destroyed periodically alongside crime guns. ...
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#17 FST_Kent

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Posted 08 March 2019 - 04:04 PM

I don't know for sure, but I don't believe the ISP supports any legislation like this.



#18 davel501

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Posted 08 March 2019 - 06:50 PM

I don't know for sure, but I don't believe the ISP supports any legislation like this.


Nobody wants a mini Waco in their town. Plenty of guys around that believe in principal more than their own life. I have to imagine that most police officers have a guy or three in mind when they read this bill.

I keep feeling like it's time to pack up and go. Just trying to make it another 5 years so my son can graduate with his friends.

#19 mauserme

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Posted 08 March 2019 - 06:52 PM

One of the very frustrating parts are this is that the sponsor would tell you he's a gun owner, as if that makes his push for gun confiscation OK.



#20 FST_Kent

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Posted 08 March 2019 - 08:46 PM

My point is, everything to do with FOID cards falls under the responsibility of the ISP.  They just announced there new set of procedures which is within their authority under current law.  They don't want some legislator that doesn't know what he's talking about dictating their policies and procedures.

 

I believe one of the reasons for his amendment was just to get himself in the news.



#21 davel501

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Posted 08 March 2019 - 08:49 PM

One of the very frustrating parts are this is that the sponsor would tell you he's a gun owner, as if that makes his push for gun confiscation OK.


We need a way to keep guns out of the hands of people that shouldn't have them but kicking in doors isn't going to be the solution. People are going to get hurt and I think that is what Madigan and his slimey cohorts want.

#22 davel501

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Posted 08 March 2019 - 08:51 PM

...and Fuds shouldn't speak about gun rights even if they're elected to office.

#23 Deac0n

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Posted 08 March 2019 - 09:19 PM

First time post, just signed up here, been a lurker for years. The site is great.

So let me get this right, if I move out of state, and don't renew, I can be reported to nic's. And then never be able to own a gun anywhere.

Upon revocation of a person's Firearm Owner's Identification
Card, the Department of State Police shall

(i) provide notice to the person;
(ii) confiscate the person's Firearm Owner's Identification
Card, firearms, and ammunition that are in his or her
possession; and
(iii) report the name and other identifying information of
that person to the National Instant Criminal Background
Check System database within 15 business days.

#24 JTHunter

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Posted 08 March 2019 - 10:43 PM

Also being discussed here

http://illinoiscarry...showtopic=71420


“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.” - - Abraham Lincoln

“Small minds adhere to the letter of the law; great minds dispense Justice.” - - S. C. Justice Oliver Wendell Holmes

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#25 Redlin

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Posted 08 March 2019 - 11:20 PM

.Revoked FOID cards would include those that have been allowed to expire, even if there were to be a pending application for renewal at the time. 

I realize this ammendment may be being discussed in another thread,but I can't find where what is quoted in this post,above, is included in the amendment.It's late,I'm tired ,but I can't find it.

 

ETA ..  Using this as my reference.http://www.ilga.gov/...AID=15&Session=


Edited by Redlin, 08 March 2019 - 11:43 PM.

Arms discourage and keep the invader and plunderer in awe, and preserve order in the world... Horrid mischief would ensue were the law-abiding deprived of the use of them.

Thomas Paine






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