Illinois General Assembly 3/12/2010

[mauserme]

The House is scheduled for 9:30AM and the Senate for 9:00 AM today.

 

On the House calendar:

 

HB180 - Handgun Dealer Licensing Act

 

Synopsis As Introduced

 

Creates the Handgun Dealer Licensing Act. Provides for the regulation of handgun dealers through licensure by the Department of State Police. Provides that no person may sell or otherwise transfer, expose for sale or transfer, or have in his or her possession with the intent to sell or transfer, any concealable firearm without being licensed under the Act. Provides, however, that the prohibition does not apply to a person who makes occasional sales, exchanges, or purchases of concealable firearms for the enhancement of a personal collection or as a hobby, or who sells all or part of his or her personal collection of firearms. Sets forth provisions concerning application, fees, duration of licensure, license retention requirements, submissions to the Department, penalties, revocation, and suspension. Grants rulemaking authority to the Department and provides that for the purpose of determining compliance with the Act, the Act may be enforced by any municipality in which a licensee is located or, if a licensee is not located in a municipality, by the county in which a licensee is located.

 

HB462 - Firearms - Concealed Carry

 

Synopsis As Introduced

 

Creates the Family and Personal Protection Act. Permits the county sheriff to issue permits to carry concealed firearms to persons at least 21 years of age who meet certain requirements. Requires an applicant for a permit to have completed specified training requirements developed by the Illinois Law Enforcement Training Standards Board consisting of classroom instruction and live firing exercises. Preempts home rule. Amends the Illinois Police Training Act and the Criminal Code of 1961 to make conforming changes. Effective immediately

 

HB4965 - FOID Application

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall not require the submission of a photograph with an application for issuance or renewal of a Firearm Owner's Identification Card unless the applicant does not have a valid Illinois driver's license or Illinois Identification Card.

 

HB5221 - Concealed Carry - Permits

Synopsis As Introduced

 

Creates the Family and Personal Protection Act. Permits the Department of State Police to issue permits to carry concealed firearms to persons at least 21 years of age who meet certain requirements. Provides that the county sheriff shall evaluate the application and accompanying material, and within 30 calendar days transmit the application, accompanying material, and any objections to the application, and application fees to the Department of State Police. Requires an applicant for a permit to have completed specified training requirements developed by the Illinois Law Enforcement Training Standards Board consisting of classroom instruction and live firing exercises. Preempts home rule. Amends the Illinois Police Training Act and the Criminal Code of 1961 to make conforming changes. Effective immediately.

 

HB5231 - Possessing Firearm

Synopsis As Introduced

 

Amends the Criminal Code of 1961. Provides that the provision prohibiting a person from carrying or possessing any firearm, stun gun, or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged does not apply to any owner of such facility or to his or her employees if the owner has given permission to possess a firearm. Effective immediately.

 

HB5495 - One Gun Per Month

Synopsis As Introduced

 

Amends the Criminal Code of 1961. Changes references in the statute on unlawful sale of firearms from "sell" or "give" to "transfer". Prohibits multiple sales of handguns within a 30-day period. Creates the offense of unlawful acquisition of handguns. Provides exemptions and affirmative defenses. Penalty is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

 

HB5849 - Firearm Transport

 

Synopsis As Introduced

 

Amends the Criminal Code of 1961. Provides that the exemption from violations of the unlawful use of a weapon statutes for carrying firearms applies to portable containers designed for the safe transportation of firearms (rather than any container). Effective immediately.

 

HB6249 - Firearms Concealed Permits

Synopsis As Introduced

 

Creates the Family and Personal Protection Act. Establishes statewide uniform standards for the issuance of permits to carry concealed firearms in this State. Vests in the Department of State Police the authority to issue concealed firearms permits to qualified applicants. Requires an applicant to complete a training course in handgun use, safety, and marksmanship. Also requires instruction in the law relating to firearm use. Creates the Citizen Safety and Self-Defense Trust Fund administered by the Department. The moneys in the Fund shall be used to administer the Act. Establishes restrictions on carrying concealed firearms. Establishes standards for the training course and for certifying instructors. Amends the Firearm Owners Identification Card Act. Provides that the Family and Personal Protection Act supersedes an ordinance of a unit of local government inconsistent with that Act. Prohibits a home rule unit from regulating the issuance of permits to carry concealed firearms. Amends the Criminal Code of 1961. Exempts, from an unlawful use of weapons and aggravated unlawful use of weapons violation, persons who carry or possess firearms in accordance with the Family and Personal Protection Act. Effective immediately.

 

 

 

In the Senate - both bills moved to third reading while we were watching the House yesterday:

 

SB1840 - Firearms Owners 18

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Changes, from 21 years of age or over to 18 years of age or over, the age at which a person may apply for and be issued a Firearm Owner's Identification Card without the consent of a parent or legal guardian. Effective immediately.

 

SB3421 - FOID Relief

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Provides that any person who is prohibited from possessing a firearm under certain specified provisions of the federal Gun Control Act of 1968 may apply to the Department of State Police requesting relief from such prohibition and the Director of State Police shall grant such relief if it is established to the Director's satisfaction that the person will not be likely to act in a manner dangerous to public safety and granting relief would not be contrary to the public interest. Effective immediately.

[mauserme]

The Senate is starting up.

[mauserme]

The House is coming to order.

[Geneseo1911]

I was looking at the schedule and saw a Osterman's bill 5480 right before 5495. Is there a reason this isn't listed as a bill of concern? It requires any handgun transfer to go through an FFL and have a background check.

[mauserme]

I missed that one - it will be added right away.

[mauserme]

I'm having a very busy morning here. Can someone jump in?

[Ashrak]

I'm having a very busy morning here. Can someone jump in?

I am watching the House.

[mauserme]

Thanks.

[Ashrak]

HB5443 just passed.

 

"Provides that if the defendant discloses that he or she may rely upon the testimony of a mental health expert in mitigation during a death penalty hearing, the Court shall, on motion of the State, order the defendant to submit to examination by at least one clinical psychologist or psychiatrist, to be named by the prosecuting attorney."

[abolt243]

HB5443 just passed.

 

"Provides that if the defendant discloses that he or she may rely upon the testimony of a mental health expert in mitigation during a death penalty hearing, the Court shall, on motion of the State, order the defendant to submit to examination by at least one clinical psychologist or psychiatrist, to be named by the prosecuting attorney."

 

 

And............that affects gun rights in what way?

[Ol'Coach]

House has been having standard debate on SB365 for a long time now. "Tuition Waiver".

 

Don't know if they'll come back to the page/number schedule or not???

[mauserme]

They're back to Page 23.

 

Page 24 will be of interest.

[mauserme]

HB5495 - OOR

[mauserme]

Rep Osterman has been excused for the rest of the day.

[Ashrak]

HB5443 just passed.

 

"Provides that if the defendant discloses that he or she may rely upon the testimony of a mental health expert in mitigation during a death penalty hearing, the Court shall, on motion of the State, order the defendant to submit to examination by at least one clinical psychologist or psychiatrist, to be named by the prosecuting attorney."

 

 

And............that affects gun rights in what way?

As Obama and crew seek medical records centralization and government access, I thought it relevant - especially the "to be named by prosecuting attorney" part. Sorry if I offended.

 

Edit to add: They day a person seeks prozac for relief from depression being employed as a way to remove Second Amendment rights is not as far off as some think. In this way, medical orientated legislation is relevant and to be watched closely, imho

[mauserme]

I'll be way until about 1:30

[Ol'Coach]

Got called away for 1/2 hr. Back for awhile.

 

According to the schedule (ahem) they're only about 4 away from 5849.

[Ashrak]

Got called away for 1/2 hr. Back for awhile.

 

According to the schedule (ahem) they're only about 4 away from 5849.

Hair braiding regulation is so important, the schedule is meaningless.

[ike]

this is my first time listening on a live house session,I begin to understand why our state is in the shape it's in after some of the nonsense that they worry about.

[mauserme]

I'm back earlier than expected and HB5832 is being debated right now.

 

Synopsis As Introduced

Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the unlawful use of weapons.

 

House Committee Amendment No. 1

 

Deletes reference to: 720 ILCS 5/24-1Adds reference to: 720 ILCS 5/24-1.6

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where both: (1) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; and (2) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.

[lockman]

HB5832 is being discussed now.

 

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where both: (1) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; and (2) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.

[Ashrak]

5832

 

Reboletti brings an interesting equal application of due process argument regarding out of staters. Cautions against unconstitutionality.

 

Froehlich asks about impact on department of corrections resulting from this bill.

 

Zalewski expects the impact to be increased population but will be a deterrent.

 

Goes to a vote

 

Passed 93 to 5

[mauserme]

Passed

[Ol'Coach]

I'm out for awhile.

[lockman]

pulled for postponed consideration?

[mauserme]

pulled for postponed consideration?

That was HB5842 - it came right after 5832.

[mauserme]

The House has adjourned.

[TTIN]

HB5832 is being discussed now.

 

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where both: (1) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; and (2) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.

 

So what's the penalty if he/she WAS issued a FOID card?

[Tvandermyde]

class 4 where you can get probation

[abolt243]

class 4 where you can get probation

 

But, still a felony so that your legal gun owning days are over.