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Illinois General Assembly 4/13/2011


mauserme

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Posted

In the House yesterday, HB3499 passed 78/34/1 and is at first reading in the Senate. Representative Stephens was added as the 40th sponsor of HB0148, and the committee deadline was extended to 4/15/2011 on HB2502 - Government Tech . Also, HB0203 was moved to third reading.

 

 

The House is scheduled for 11:00 AM today and the Senate for 11:00 AM as well.

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House Calendar

11:00 AM

House Audio/Video Link

HB0003 - Firearms Municipal Regulation

 

Green/Good

 

House Sponsor: Bost, Dugan, Bradley

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Strikes a clause preventing provisions of ordinances from being invalid when they impose greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act. Provides that regulation of the ownership and possession of firearms and related items are the exclusive powers of the State. Provides that a local government may not require registration, reporting of the sale or transfer of a firearm, or may not keep a firearms registry. Provides that any existing or future local ordinances or resolutions imposing any registration requirement on firearms and related items are invalid or void. Effective immediately.

HB0004 - Firearm Owners Preemt Loc Gov

 

Green/Good

 

House Sponsor: Bost, Bradley

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Denies home rule powers to require firearm training and instruction or to otherwise regulate the ownership or possession of firearms. Effective immediately.

 

 

 

HB0005 - Wildlife Code Case Definition

 

Green/Good

 

House Sponsor: Bost

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Wildlife Code. Changes the definition of "case" to mean any case, firearm carrying box, shipping box, or container acceptable under specified provisions of the Criminal Code of 1961. Effective immediately.

HB0008 - Firearms Owners ID Preemption

 

Green/Good

 

House Sponsor: Ramey

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Provides that a county, including a home rule county, may not regulate firearms or impose greater restrictions or limitations on the acquisition, possession, transportation, carrying, and transfer of firearms, firearm attachments, and firearm ammunition. Further provides that the provisions of any ordinance or resolution imposing restrictions or limitations on the ownership or possession of firearms and ammunition, components, accessories, and accoutrements of firearms in a manner other than the requirements imposed by this this Act or the Deadly Weapons Article of the Criminal Code of 1961 created after the effective date of this amendatory Act are invalid and all those existing ordinances and resolution are void. Effective immediately.

 

 

 

HB0142 - Firearms Municipal Regulation

 

Green/Good

 

House Sponsor: Reitz, Dugan, Phelps, Verschoore, Brady

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Strikes a clause preventing provisions of ordinances from being invalid when they impose greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act. Provides that regulation of the ownership and possession of firearms and related items are the exclusive powers of the State. Provides that any existing or future local ordinances or resolutions imposing any restrictions or limitations on the ownership or possession of firearms and related items are invalid or void. Effective immediately.

 

 

 

HB0148 - Firearms Concealed Carry

 

Green/Good

 

House Sponsor: Phelps, Beiser, Bradley, Unes, Reis, Mitchell (Bill), Reitz, Dugan, Holbrook, Tracy, Hammond, Sommer, Cavaletto, Roth, Hays, Eddy, Rosenthal, Brown, Bost, Pritchard, Brauer, Barickman, Sacia, Ramey, Sosnowski, Watson, Verschoore, Tryon, Osmond, Winters, Chapa LaVia, Brady, Rose, Leitch, Kay, Mitchell (Jerry), Moffitt, Morrison, Stephens

 

Status: Third Reading

 

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

 

Home Rule Note (Dept. of Commerce & Economic Opportunity)

 

HB 148 does pre-empt home rule authority.

 

Fiscal Note (Illinois State Police)

 

The fiscal impact for HB 148 is as follows: The Firearms Services Bureau (FSB) would need the additional personnel and equipment: three additional personnel and equipment required to assists sheriffs for prohibiting issues (approximately $200,000.00 salary/benefits funding required). Start up Costs (FOID Mainframe and database modifications) = $500,000; Application to apply development = $20,000; Annual Costs (3 personnel salary/benefits) = $200,000; Total Estimated Costs = $720,000.

 

Balanced Budget Note (Office of Management and Budget)

 

The overall fiscal impact to the State will be minimal in the form of some administrative costs at the State level.

House Floor Amendment No. 1

 

Provides that a concealed firearm permit does not authorize a person to carry a concealed firearm into any public library without the authorization or approval by the governing entity of the library.

 

 

 

HB0203 - Crim CD One Gun Per Month

 

Red/Bad

 

House Sponsor: Burns, Flynn Currie, Yarborough, Dunkin, Lilly, Biss, Jones, Turner, Williams, Sentie, Mell

Status: Third Reading (Lost 47/68/0)

 

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.

 

 

 

HB0264 - Firearm Owners Preempt Loc Gov

 

Green/Good

 

House Sponsor: Bradley, Dugan

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Denies home rule powers relating to permits and licenses for firearms. Effective immediately.

HB0265 - Crim CD Firearm Transport

 

Green/Good

 

House Sponsor: Bradley, Dugan, Holbrook, Phelps, Vershoore, Beiser

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 1961. Provides that a unit of local government, including a home rule unit, may not regulate the transportation of firearms and may not regulate the transportation of ammunition, components, accessories, or accoutrements for firearms. Provides that the provisions of any ordinance or resolution adopted by any unit of local government that imposes restrictions or limitations on the transportation of firearms and ammunition, components, accessories, and accoutrements of firearms in a manner other than those that are imposed by this amendatory Act are invalid and all those existing ordinances and resolutions are void. Provides that this provision is a limitation of home rule powers under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Effective immediately.

HB1294 - Crim CD Assault Weapon Prohib

 

Red/Bad

 

House Sponsor: Acevedo, Williams, Harris (Greg), Flynn Currie, Turner, May, Sente, Mell, Colvin

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 1961. Provides that 90 days after the effective date of this amendatory Act, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed a semi-automatic assault weapon, an assault weapon attachment, any .50 caliber rifle, or .50 caliber cartridge. Provides that beginning 90 days after the effective date of this amendatory Act, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed a large capacity ammunition feeding device. Provides that these provisions do not apply to a person who possessed a prohibited weapon, device, or attachment before the effective date of this amendatory Act if the person has provided proof of ownership to the Department of State Police within 90 days after the effective date of this amendatory Act. Provides that on or after the effective date of this amendatory Act, such person may transfer such device only to an heir, an individual residing in another state maintaining that device in another state, or a dealer licensed as a federal firearms dealer. Specifies penalties for violations. Provides exemptions. Provides that the provisions of the Act are severable. Effective immediately.

 

 

 

HB1296 - FOID Card Act Private Sale

 

Red/Bad

 

House Sponsor: Osteman, Flynn Currie

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed importer, manufacturer, or dealer and who desires to sell or transfer a firearm of a size that may be concealed upon the person to another person, who is not a federally licensed importer, manufacturer, or dealer, shall do so only at the place of business of a federally licensed firearm dealer. Provides that the federally licensed firearm dealer shall conduct a background check on the prospective recipient of the firearm and follow all other applicable federal, State, and local laws as if he or she were the seller of the firearm. Provides that the purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, plus other authorized fees. Makes exceptions for (i) the transfer of a firearm between spouses, a parent and child, or other family members, (ii) transfers by persons acting pursuant to operation of law or a court order, or (iii) transfers on the grounds of a gun show. Provides that the Department of State Police shall develop an Internet based system for individuals to request the Department of State Police to conduct an instant criminal background check prior to the sale or transfer of a handgun. Provides that the Department of State Police shall have the system completed and available for use by July 1, 2012.

 

HB1599 - Crim CD Assault Weapons

 

Red/Bad

 

House Sponsor: Acevedo

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 1961 relating to unlawful use of weapons. Increases the penalties by one class if a semi-automatic assault weapon or high capacity ammunition was possessed in the commission of the offense. Defines "semi-automatic assault weapon" and "high capacity ammunition". Effective immediately.

 

 

 

HB1855 - Firearm Owners Loss Theft

 

Red/Bad

 

House Sponsor: Acevedo

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may revoke and seize a Firearm Owner's Identification Card previously issued under the Act of a person who fails to report the loss or theft of a handgun a second time to the local law enforcement agency within 72 hours after obtaining knowledge of the second loss or theft. Amends the Criminal Code of 1961. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a handgun thereafter loses or misplaces the handgun, or if the handgun is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft. Effective immediately.

 

 

 

HB1871 - Crim CD Lg Capacity Ammunition

 

Red/Bad

 

House Sponsor: Sente, Gabel, Burns, Cunningham, Acevedo, Williams, Flynn Currie, Osterman, Mell, May

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 1961. Provides that beginning 90 days after the effective date of this amendatory Act, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, purchase, or possess or cause to be manufactured, delivered, sold, purchased, or possessed a large capacity ammunition feeding device. Provides that these provisions do not apply to a person who possessed a prohibited weapon, device, or attachment before the effective date of this amendatory Act. Provides that on or after the effective date of this amendatory Act, such person may transfer such device only to an heir, an individual residing in another state maintaining that device in another state, or a dealer licensed as a federal firearms dealer. Specifies penalties for violations. Provides exemptions. Provides that the provisions of the Act are severable. Effective immediately.

House Committee Amendment No. 1

 

Exempts from a violation for the manufacture, transportation, possession, or sale of large capacity ammunition feeding devices: (1) manufacture, transportation, possession, or sale of large capacity ammunition feeding devices by entities that sell such devices to national and international governments in compliance with federal law; (2) possession or sale of large capacity ammunition feeding devices by entities authorized or permitted to acquire and possess such devices for the purpose of antique collection; (3) possession of a large capacity ammunition feeding device by all government agents and retirees duly authorized to carry such devices upon retirement or any person who inherits such a device from a person so authorized; or (4) manufacture, transportation, possession, or sale of large capacity ammunition feeding devices by entities that sell such devices to law enforcement agencies

 

 

HB1906 - Handgun Dealer Licensing Act

 

Red/Bad

 

House Sponsor: Cunningham, Davis (Monique), Turner

Status: Third Reading

 

Statutes Amended In Order of Appearance

 

New 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. Effective immediately.

 

 

 

HB3130 - Crim CD Unlawful Use Weapons

 

Green/Good

 

House Sponsor: Bradley

Status: Second Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 1961. Provides that the statutes concerning unlawful use of weapons and aggravated unlawful use of a weapon relating to carrying a concealed firearm do not apply to or affect any person who has a valid permit or license to carry a handgun issued by any state. Effective immediately.

Judicial Note (Admin Office of the Illinois Courts)

 

HB 3130 would neither increase nor decrease the number of judges needed in the State.

 

Home Rule Note (Dept. of Commerce & Economic Opportunity)

 

HB 3130 does not pre-empt home rule authority.

 

State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)

 

HB 3130 does not create a State mandate.

 

Fiscal Note (Illinois State Police)

 

There is no fiscal impact to the Illinois State Police.

 

 

HB3634 - Crim Cd Firearm Transport

 

Red/Bad

 

House Sponsor: Osterman

Status: Second Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 1961. In provisions creating exemptions to the offenses of unlawful use of weapons and aggravated unlawful use of a weapon for transported weapons, requires the weapons to be "unloaded and enclosed in a firearm case, carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms" (rather than "unloaded and enclosed in a case, firearm carrying box, shipping box, or other container"). Provides that it is a Class 1 felony to sell or give a firearm to a person whom the seller or giver knows is a street gang member. Effective immediately.

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House Committee(s)

Judiciary 1 -Civil Law Committee - 8:30 AM

 

HR89 - Audit State Police FOID

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House Calendar 4-13-11.pdf

Posted

Though HB3500 - FOID Muni Reg Rifles/Shotguns is still in Assignments, it added 4 more Senate sponsors yesterday for a total of 9 to end of day.

 

HB3365, sent to the Senate on 4/8/2011, remains sponsorless.

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Senate Calendar

11:00 AM

Senate Audio/Video Link

 

 

 

SB1589 - Crim Cd Weapons Felon Imprison

 

Red/Bad

 

Senate Sponsor: Muñoz, Kotowski, Collins

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 1961. Provides that unlawful use or possession of a weapons by a felon who is not confined to a penal institution or who is on parole or mandatory supervised release is an offense for which the person shall receive a mandatory sentence of imprisonment.

 

 

 

 

SB2064 - Veh Cd SOS Revoke Title Guns

 

Red/Bad

 

Senate Sponsor: Maloney, Collins

Status: Third Reading

 

Synopsis As Introduced

 

Amends the Illinois Vehicle Code. Provides that the Secretary of State may suspend or revoke the registration of a vehicle or a certificate of title, registration card, registration sticker, registration plate, disability parking decal or device, or any nonresident or other permit when the Secretary has determined that a vehicle was used in violation of provisions of the Criminal Code of 1961 concerning firearms or in the commission of any felony under the law of any state or the federal government in which a firearm was used.

 

 

 

HB3499 - Crim Cd Firearms Waiting Time

 

Green/Good

 

House Sponsor: Harris (David), Kay, Eddy, Reis, Cavaletto, Morthland

Status: Senate/First Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 1961. Exempts a petitioner who is protected by an order of protection issued under the Domestic Violence: Order of Protection Article of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986 from the waiting period for purchase of a firearm.

 

House Floor Amendment No. 1

 

Provides that the exemption from the waiting period to acquire a firearm applies only to a person protected by a plenary or interim order of protection and not any order of protection.

 

 

 

HB3365 - Firearms Prohibitions

 

Red/Bad

 

House Sponsor: Burke (Kelly), Bellock

Status: Senate/First Reading

 

Synopsis As Introduced

 

Amends the Firearm Owners Identification Card Act. Provides that a person who has been convicted of domestic battery, aggravated domestic battery, or violation of an order of protection shall not be able to obtain a Firearm Owner's Identification Card and any Card issued to such person shall be subject to revocation and seizure by the Department of State Police regardless of when the conviction occurred. Amends the Domestic Violence: Order of Protection Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that a respondent against whom an order of protection was issued against shall not possess any firearms and shall surrender his or her Firearm Owner's Identification Card during the duration of the order where the order: (1) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (2) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (3)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.

 

House Floor Amendment No. 1

 

Deletes provision that the Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance convicted of violation of an order of protection committed before, on, or after the effective date of the amendatory Act.

 

 

 

Next Days Scheduled

 

House: 4/14/2011

Senate: 4/14/2011

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Senate Calendar 4-13-11.pdf

Posted

Mauserme, you said Rep. Stephons was added as the 40th sponser of hb0148. I think the correct wording would be the 40th hero!!!!!!!!!!!!!!!!!!!!!!!!!

Thanks for all you do.

Posted

Mauserme, you said Rep. Stephons was added as the 40th sponser of hb0148. I think the correct wording would be the 40th hero!!!!!!!!!!!!!!!!!!!!!!!!!.

+1

 

 

just looked at today's house schedule and HB148 is listed. Does that mean they are going to debate today?

boog

No, being on the calendar means a bill can be debated but is not a guarantee that it will be debated on any given day.

Posted

Don't worry - you'll do fine. I re-check everything before posting the next day's updates anyway, just to make sure nothing got missed.

 

But if you would rather take the Senate let me know and we can switch. Things move more slowly there and there's hardly any shouting.

Posted

The House has convened. Not sure where the Senate is.

 

 

EDIT: It looks like TyGuy may be tied up with work and, since the House is active, I'll stick with that. If anyone can take the Senate when it convenes that would be great.

Posted

Good Gawd - did the House just pass a bill banning trans fats?

 

Yeah, that's what makes us fat. It's not that most of us live a sedentary lifestlye while eating more than we burn.

Posted

Listening/watching the House...

 

Cam

Posted
Rep Eddy - is sure a stand-up guy for his constituents and all firearm owners. ;)
Posted

It would further victimize a lawful firearms owner by making them a criminal for failling to report a lost firearm 72 hours after they found it was stolen.

 

How are they going to determine when it was stolen? I'm not going to self-incriminate by telling you when I found it stolen.

 

*Apparently Rep Stephens has an evil AR-15 and an AK-47!

Posted
ruh roh..."evil black rifles" arguing against Acevedo...
Posted

*off topic, but does anyone else think of Lord of the Rings whenever Rep. Bellock is called?

Actually, I think of Raiders of the Lost Ark.

 

-- Frank

 

 

Nice, yeah him too. Bellock was what Ganldalf said to open the entrance to the mines of Moria....I think.

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