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FOID Announcement


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Since the OP posted (announced) himself that there is an announcement about a day later announcement to come then yes.

We very well maybe be at the triple announcement level. Not to be mistaken for the defcon level 5 announcement!

Hahahaha! +10000 internet

 

 

 

Especially if you have a huge expectation of getting more the next day!

Any married man is intimately familiar with this concept.......and the disappointment it brings.

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Executive Directors Message
Richard Pearson

Numbers are starting to come in regarding firearms statistics for 2020. The number of jobs the firearms industry provides rose over 10,000 from 2019 to 342,330 in 2020. The revenues went from 60 billion to 63.5 billion for the same period. The firearms industry is trying hard to keep up with demand. I expect even higher numbers for 2022.

The numbers for Illinois are also impressive. The firearms industry provided 13,278 jobs and had a total economic impact of $3,061,462,600. The state and federal governments received $335,646,200 in taxes. On top of those taxes, another $15,782,600 in excise tax was collected. Excise taxes are sent to the U. S. Fish and Wildlife for redistribution back to the states based on the number of paid hunting licenses they issue. That is why everyone should get a hunting license. Free licenses do not count. In the past, that amounts to about $19 per license. It could be more this year because of the volume and price of firearms and ammo.

Currently, our lobbying team is tracking 182 bills and resolutions. There is a new bill that has been introduced in the Illinois Senate, SB2889/HB745. The stated intent from the Illinois State Police (ISP) is that through process integration and other efficiencies, considerable cost savings can be achieved in the Conceal Carry License (CCL) and Firearm Owner Identification card acts while achieving lawful processing times for FOID/CCL license applications and renewals. A brief summary of the various changes imbedded in SB2889/HB745:

Prohibited Persons Portal:
  • Portal of individuals, for use by law enforcement agencies, whose FOID card has been revoked or suspended. ISP shall indicate the reasons for the revocation or suspension and whether the person has surrendered their FOID card or filled out the Firearms Disposition record.
  • The Portal will prioritize persons identified as a “Clear and Present Danger”.

Violent Crime Intelligence Task Force:
  • Shall conduct enforcement operations against people that have had their FOID suspended or revoked and have not fulfilled the requirements of Section 9.5 of the FOID card act. The Task Force shall prioritize those that have been reported by members of the law enforcement community as a “Clear and Present Danger to themselves and others”.
  • ISP may enter into intergovernmental agreements with other law enforcement agencies to complete the mission of the task force. These law enforcement agencies may apply for grants from the newly created State Police Revocation Enforcement Fund.

State Police Revocation Enforcement Fund:
  • Primary source of funding is allocating $5 of the $10 FOID Card fee to this fund.
    • $10 FOID card fee reallocation of revenue
      • $5 to the ISP Revocation Enforcement Fund
      • $5 to ISP Firearm Services Fund
      • (DNR loses their original $6 per card fee)
  • New fund in the state treasury that may receive revenue from grants, donations, appropriations, and any other legal source.
  • Fund may give grants to law enforcement agencies that participate in the Violent Crime Intelligence Task Force.

Automatic FOID Card Renewals:
  • ISP by rule will establish automatic renewals for people that have voluntarily supplied fingerprints to ISP through the FOID Act or Conceal Carry Act
    • Only one fee can be charged for the fingerprint background check
      • Fee presently charged for CCL check. Idea here is to not get charged twice.
    • State police will research and make a report by January 2022, on how to incorporate other voluntarily submitted fingerprints for use in the FOID Act.

Electronic Processing Fee:
  • Allows the State Treasurer to charge electronic processing fee if a credit card is used

Mental Health Reporting Fund:
  • Leftover money from this fund may be used by the State Board of Education for the Safe Schools and Healthy Learning Environments Grant Program
    • Mental Health Reporting Fund presently allows DHS to make grants for mental health programs with any surplus money.
  • Speaker Welch passed this legislation. (PA 101-0438)

FOID Card administrative changes:
  • If a person’s FOID card expires and they have a valid CCL then the FOID card shall remain valid while the CCL is valid
    • ISP may automatically renew a FOID card if it expires while the person has a valid CCL
  • No longer have expiration dates on the FOID cards
  • Automatic renewal with an FTIP inquiry
  • People may opt into email notifications from ISP rather than regular mail
  • Allows for a suspension of a FOID card for a protective order instead of a revocation. Language added that ISP must reinstate upon the dismissal of the protective order.
  • Allows for the cancellation of a FOID card instead of a revocation for those people that no longer qualify for a FOID. This is typical of a person moving out of state.
  • Upon approval of a CCL, a person’s FOID card is automatically renewed for an additional 10 years from the CCL date
  • If a person has been approved for a FOID card and a CCL then ISP shall by rule create one card that would replace both FOID and CCL cards
  • ISP may implement an electronic FOID and CCL card

FOID Card Review Board:
  • Seven-member board appointed by Governor with advice and consent of Senate
    • No more than 4 from one party
    • Alternating term dates
    • Identifies the type of qualifications for each member
    • Shall meet quarterly or to the call of the chair
  • Review board replaces the Director of ISP to review appeals for FOID card denials
  • Shall make discussions within 45 business days or may receive an additional 30 days upon request for more information

Additional Info:
  • The FOID Modernization Act sections are not subject to FOIA
  • The State Police Revocation Enforcement Fund is not subject to chargebacks. (sweeps)

The ISRA lobbying team is already working on replacing monies lost to the IDNR because of this bill. This will require a separate appropriations bill.

The Illinois Supreme Court has granted our Petition of Leave to Appeal the Easterday v. Village of Deerfield. This suit will be heard in combination with the GSL Joseph Wombacher lawsuit. We do not have a date yet. We will keep you informed.

(Rest of the mumbo jumbo deleted for sanity sake).
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Prohibited Persons Portal:

  • Portal of individuals, for use by law enforcement agencies, whose FOID card has been revoked or suspended. ISP shall indicate the reasons for the revocation or suspension and whether the person has surrendered their FOID card or filled out the Firearms Disposition record.
  • The Portal will prioritize persons identified as a “Clear and Present Danger”.

 

 

I wonder if this will somehow violate HIPPA

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There is no doubt that the FOID Act is garbage and was based on the racist attitudes of the Dems in the 1960s.

There is also no doubt that it is a total failure.

Unfortunately I don't think there is a realistic chance that the courts will toss it. I see this bill as taking a page from the NY legislature that made just enough of a change to their draconian gun laws that it gave the courts an excuse to avoid the case by saying it was moot.

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Prohibited Persons Portal:

  • Portal of individuals, for use by law enforcement agencies, whose FOID card has been revoked or suspended. ISP shall indicate the reasons for the revocation or suspension and whether the person has surrendered their FOID card or filled out the Firearms Disposition record.
  • The Portal will prioritize persons identified as a "Clear and Present Danger".

I wonder if this will somehow violate HIPPA

 

The CCL application has a HIPAA (one P, two As) waiver embedded in it. I'm pretty sure the FOID application still doesn't. Listing revocation or suspension reasons as medical, with or without specificity, would violate HIPAA.

 

IANAL

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Senator Koehler filed a new amendment today:

 

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.

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