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102nd General Assembly Bills


mauserme
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HB4055 UNTRACEABLE FIREARMS

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In addition to requiring a FOID to possess an unfinished receiver, the bill makes it illegal for non-FFLs to use a 3D printer to manufacture a "downloadable firearm."

 

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"Downloadable firearm" means a firearm manufactured or produced using additive manufacturing.

 

"Downloadable firearm code" means digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in an electronic format as a digital model that may be used to manufacture or produce a firearm, firearm receiver, magazine, or firearm component using additive manufacturing.

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720 ILCS 5/24.3-5. Unlawful distribution of a downloadable firearm code.

(a) A person commits unlawful distribution of a downloadable firearm code if he or she knowingly distributes a downloadable firearm code to another person or persons, or makes a downloadable firearm code available that it can be accessed and downloaded by one or more persons

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Legally, I'd imagine enforcement would still define "firearm" as the receiver or frame, but it's petty nebulous as written. The rest is prohibiting speech.

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I wonder how they intend to prohibit out-of-state and overseas servers from hosting that code.

The way it's worded, I think it would be illegal to upload the code from within Illinois, as well as to host it within Illinois. I guess the next step would be to get telecom companies to block access to out-of-state servers, China-style.

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A link isn't available for the amendment yet, but House Amendment 1 was filed on HB745 State Government - Tech today:


Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides for email notifications from the Illinois State Police upon request of an applicant or Card holder. Create expanded rule making authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Makes conforming changes in various other Acts.
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Buried deep inside

 

b-5) The Illinois State Police shall by rule provide a 26 process for the automatic renewal of the Firearm Owner's

 

 

10200HB0745ham001 - 34 - LRB102 13465 RLC 23904 a 1 Identification Card of a person at the time of a inquiry in 2 subsection (B). Persons eligible for this process must have a 3 set of fingerprints on file with their application pursuant to 4 either subsection (a-25) of Section 4 or the Firearm
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I have to read through this more deeply, but my initial impression is that this is just another way to tell Illinois gun owners if we want the system fixed we'll have to pay more.

 

Representative Willis has been telling us we must pay $200 to $300 for fingerprints, that if we do that along with some smaller cost increases, she will get us our FOID cards post haste.

 

Now representative Hoffman tells us that no, we don't have to pay more for our rights, but it is an option if we'd actually like to exercise our rights in a timely manner.

 

There's really no difference between the two. They both want to transfer the cost of a failed system to the folks they impose that system on, telling us it's our problem to fix.

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I have to read through this more deeply, but my initial impression is that this is just another way to tell Illinois gun owners if we want the system fixed we'll have to pay more.

 

Representative Willis has been telling us we must pay $200 to $300 for fingerprints, that if we do that along with some smaller cost increases, she will get us our FOID cards post haste.

 

Now representative Hoffman tells us that no, we don't have to pay more for our rights, but it is an option if we'd actually like to exercise our rights in a timely manner.

 

There's really no difference between the two. They both want to transfer the cost of a failed system to the folks they impose that system on, telling us it's our problem to fix.

There was also something buried in there about charging the FOID applicant for the cost of a background check. No dollar figure and I did not see any guarantee of meeting the legislated timeline.

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That's consistent with his HB602 that proposes to change the FOID cost to "...a $10 fee, plus applicable processing fees."

Hoffman is from Madison County, which voted over 2 to 1 to become a 2A sanctuary county. I don't think the folks in his district will smile on the idea of paying more to exercise their gun rights.

 

As an edit: I will confess I don't know what percentage of his district is in Madison County. I will say the gun culture down here is strong, and that's not restricted to Madison County alone.

Edited by springfield shooter
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HB745 has been added to our Oppose list.

 

 

Another amendment filed today:

 

House Amendment 1 to HB3485 Domestic Violence Hope Cards

 

Provides that the Supreme Court shall (rather than may) implement a program to issue a Hope Card to the petitioner of a plenary order of protection. Provides that 3 three Hope Cards per protected party (rather than the first Hope Card) issued shall be free. Allows the Supreme Court to establish a fee for any additional Hope Card, not to exceed $5 (rather than $7) per Hope Card.

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SB2889 FOID ID & Concealed Carry was filed today, mirroring the amendment on HB745:

Synopsis As Introduced
Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides for email notifications from the Illinois State Police upon request of an applicant or Card holder. Create expanded rule making authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Makes conforming changes in various other Acts.

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I have to read through this more deeply, but my initial impression is that this is just another way to tell Illinois gun owners if we want the system fixed we'll have to pay more.

 

Representative Willis has been telling us we must pay $200 to $300 for fingerprints, that if we do that along with some smaller cost increases, she will get us our FOID cards post haste.

 

Now representative Hoffman tells us that no, we don't have to pay more for our rights, but it is an option if we'd actually like to exercise our rights in a timely manner.

 

There's really no difference between the two. They both want to transfer the cost of a failed system to the folks they impose that system on, telling us it's our problem to fix.

There was also something buried in there about charging the FOID applicant for the cost of a background check. No dollar figure and I did not see any guarantee of meeting the legislated timeline.

 

I think you might be referring to page 42, lines 18-22. These seem to refer to paying for checking the optional fingerprints (lines 5-17) against ISP and FBI criminal history databases.

 

However...the proposed review board mentioned by Molly in post # 130 would be able to vote to require an applicant to provide electronic fingerprints (page 58, line 23 and on). Obviously, the applicant seeking review would be required to pay for the electronic fingerprints. And surely the cost of having them checked against databases as well.

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House Amendment 1 was filed on HB3788 Ballistics Information Act today:

 

 

Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that one of the goals of the Violent Crime Intelligence Task Force is to solve firearm-related crimes. Provides that the Task Force may utilize information sharing, partnerships, crime analysis, and evidence-based practices to assist in the reduction of firearm-related shootings, homicides, and gun-trafficking, including, but not limited to, ballistic data, eTrace data, DNA evidence, latent fingerprints, firearm training data, and National Integrated Ballistic Information Network (NIBIN) data. Provides that the Task Force may design a model crime gun intelligence strategy which may include, but is not limited to, comprehensive collection and documentation of all ballistic evidence, timely transfer of NIBIN and eTrace leads to an intelligence center, which may include the Division of Criminal Investigation of the Illinois State Police, timely dissemination of intelligence to investigators, investigative follow-up, and coordinated prosecution. Amends the Criminal Code of 2012. Provides that whenever a law enforcement agency recovers any fired cartridge case at a crime scene or has reason to believe that the recovered fired cartridge case is related to or associated with the commission of a crime or the unlawful discharge of a firearm, the law enforcement agency shall submit the evidence to the NIBIN or an Illinois State Police laboratory for NIBIN processing. Provides that whenever a law enforcement agency seizes or recovers a semiautomatic firearm that is deemed suitable to be entered into the NIBIN that was: unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, is reasonably believed to have been used or associated with the commission of a crime, or is acquired by the law enforcement agency as an abandoned or discarded firearm submit the evidence to the NIBIN or an Illinois State Police laboratory for NIBIN processing. Amends the Unified Code of Corrections. Provides that the quarterly report by the Illinois State Police to the Governor and General Assembly on the status of processing of forensic biology and DNA evidence for analysis by the Illinois State Police Crime Laboratory shall include the number of cases entered in the NIBIN and the number of investigative leads developed from NIBIN analysis.

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A couple new amendments were filed today:

House Amendment 1 to HB2769 Safety - Tech

Replaces everything after the enacting clause. Creates the Microstamping Funding Program Act. Defines terms. Provides that the State shall establish a grant program for law enforcement officers for microstamp-ready firearms. Provides that the grant program shall be administered by the Illinois State Police and the grant funds shall only be used for the purchase of microstamp-ready firearms by law enforcement agencies that are grant recipients. Provides for education and training in relation to the program, as well as for grant application and participation. Provides that the Illinois State Police shall collect certain data related to the program. Provides that any person who knowingly or intentionally changes, alters, removes or obliterates the name of the importer's or manufacturer's serial number or the microstamping mechanism of any firearm commits a Class 2 felony. Provides legislative findings.



House Amendment 2 to HB3483

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Commission on Implementing the Firearms Restraining Order Act composed of at least 12 members appointed by the Director of the Illinois State Police from a list of nominees nominated by various agencies and organizations to advise on the strategies of education and implementation of the Firearms Restraining Order Act. Provides for the composition of the Commission. Provides that the members of the Commission shall serve without compensation for 3-year terms. Provides that the Commission shall submit an annual report to the General Assembly that may include summary information about firearms restraining order use by county, challenges to Firearms Restraining Order Act implementation, and recommendations for increasing and improving implementation. Provides that the Commission shall develop a model policy with an overall framework for the timely relinquishment of firearms whenever a firearms restraining order is issued. Provides that the model policy shall be finalized within the first 4 months of convening. Provides that in formulating the model policy, the Commission shall consult counties in Illinois and other states with extreme risk protection order laws which have achieved a high rate of petition filings. Provides that once approved, the Illinois State Police shall work with their local law enforcement agencies within their county to design a comprehensive strategy for the timely relinquishment of firearms, using the model policy as an overall framework. Provides that each individual agency may make small modifications as needed to the model policy and must approve and adopt a policy that aligns with the model policy. Provides that the Commission is dissolved 3 years after the effective date of the amendatory Act. Further amends the Firearms Restraining Order Act. Provides that a firearms restraining order shall also prohibit a person for whom the order applies from removing firearms parts that could be assembled to make an operable firearm. Provides that the Illinois State Police shall submit a yearly report to the General Assembly or make available on its website the number of petitions entered into the Law Enforcement Agencies Data System (rather than submit a yearly report to the General Assembly concerning the applications and issuance of firearms restraining orders). Makes conforming changes.

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HR163 Firearm Deaths - Reduce was filed this morning:

 

Synopsis As Introduced

Commits to passing meaningful legislation that will prevent people filled with hate from obtaining the means by which to end innocent lives.

 

 

I've added this to our oppose list, not becuase we disagree with the concept expressed in the bill's title, but because the language of the resolution is a "gotcha" political statement rather than an expression of a desire for solutions.

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HR163 Firearm Deaths - Reduce was filed this morning:

 

Synopsis As Introduced

Commits to passing meaningful legislation that will prevent people filled with hate from obtaining the means by which to end innocent lives.

 

 

I've added this to our oppose list, not becuase we disagree with the concept expressed in the bill's title, but because the language of the resolution is a "gotcha" political statement rather than an expression of a desire for solutions.

So, they are going to outlaw knives....rocks....2X4s....fists....feet....rouge automobiles....etc? Meaningful means effective, right?

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I'm adding HB3085 Cannabis - Possess Not Criminal to our list of bills under review. Though not normally a bill we would follow, concern was expressed by Representatives Stoneback, and Willis during today's House Judiciary - Criminal Committee hearing that this legislation would make more people eligible for a FOID card by removing felony convictions from their records. Once again, those they claim to defend are the subject of their disdain.

Synopsis As Introduced
Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes.



The bill was moved out of committee with a probable amendment addressing this pending.

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I like the next line even more:

 

 

WHEREAS, During the COVID-19 pandemic, Illinois has led
the nation in gun sales; and

WHEREAS, With so many people obtaining guns, many for the
first time,
we must address how we can maintain public safety
and prevent more tragedies by passing meaningful gun safety
legislation that will keep people safe; and

 

Can we say that the Illinois Legislature has recognized that increased gun sales are not exclusively current gun owners buying more guns, as the gun grabbers are fond of pontificating?

Edited by markthesignguy
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Well this is an odd one.

House Amendment 1 was filed on HB836 Private Detective - Training today:

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: In provisions amending the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, provides that training for registered employees of a private detective agency, private detectives, and private security contractors may be provided in a classroom or seminar setting or via Internet-based online learning programs (rather than in a classroom setting or may be Internet-based online or other supervised computerized training); provides that the original form or a copy (rather than the form) that certifies that the employee successfully completed basic and annual training shall be placed in the employee's file with the employer for the period the employee remains with the employer (and makes conforming changes); and makes other changes. In provisions amending the Criminal Code of 2012, removes language that provides that specified provisions concerning the unlawful use of a weapon do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games; specifies that, for certain security guards, 20 hours of training for a security officer and 28 (rather than 20) hours of firearm training are required to qualify for an exemption; and makes conforming changes.

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We oppose these, of course:

 

Senate Amendment 1 to SB568 Fix The FOID Act - Tech:

 

 

Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. Modifies definition of "clear and present danger". Provides that an applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of his or her fingerprints in electronic format to the Illinois State Police, unless the applicant has previously provided a full set of his or her fingerprints to the Illinois State Police under the Act or the Firearm Concealed Carry Act. Provides that a Firearm Owner's Identification Card issued under the Act shall be valid for the person to whom it is issued for a period of 5 years (rather than 10 years) from the date of issuance, but provides that any person whose card was previously issued for a period of 10 years shall retain the 10-year issuance period until the next date of renewal, at which point the card shall be renewed for 5 years. Provides that any transfer of a surrendered firearm must be conducted under the firearm transfer provisions of the Firearm Owners Identification Card Act. Provides that the Firearm Disposition Record shall contain a statement to be signed by the transferee that the transferee: (1) is aware of, and will abide by, 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; and (3) intends to retain possession of the firearm or firearms until it is determined that the transferor is legally eligible to possess a firearm and has an active Firearm Owners Identification Card, if applicable, or until a new person is chosen to hold the firearm or firearms. Amends various other Acts to make conforming changes. Effective immediately.

 

 

 

 

Senate Amendment 1 to SB1165 Safety Tech:

 

 

Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides for email notifications from the Illinois State Police upon request of an applicant or Card holder. Create expanded rule making authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Makes conforming changes in various other Acts.

 

 

 

 

The amendment on SB1165 appears to mirror SB2889 and BH745 Amend 1.

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We oppose this:

 

Senate Amendment 1 was filed on SB609 Display Of Imitation Firearms:

 

Defines an imitation firearm as a device or object reasonably capable of being mistaken for a firearm which includes, but is not limited to, an air gun, air pistol, B-B gun, paint ball gun, or pellet gun, but does not include a device that conforms with federal regulation on marking of imitation firearm (in the introduced version, any air gun, air pistol, B-B gun, paint ball gun, pellet gun, or any other implement that is not a firearm but is designed to resemble and has the appearance of a handgun whether or not the implement is capable of firing any shot, bullet, or other missile).

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I wonder how they intend to prohibit out-of-state and overseas servers from hosting that code.

The way it's worded, I think it would be illegal to upload the code from within Illinois, as well as to host it within Illinois. I guess the next step would be to get telecom companies to block access to out-of-state servers, China-style.

 

Not to beat on this too much, but I was just reading a SCOTUS case of NJ v Defense Distributed. Basically NJ sent Defense Distributed a cease-and-desist letter and is complaining that Defense Distributed wants to challenge the letter in a TX court. I suppose IL might try the same thing.

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