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HB562 FOID Modernization Act - Complilation of Changes


Molly B.
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If I am reading that correctly it will now allow bowhunters to carry their concealed firearm while bowhunting deer and turkey. Don't see anything else good about it other than the basic auto renewal of the FOID if you have a CCL.

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So, in the section on what the buyer of a private sale must do, am I wrong, or do I see NOWHERE where it states an Effective date, a demarcation line.

 

Am I just being obtuse, to think, because of that, this could be abused on past sales?

 

 

 

It doesn't work that way. Unless an effective date exception is specifically stated, that portion of the law becomes effective Jan. 1, 2022.

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So, in the section on what the buyer of a private sale must do, am I wrong, or do I see NOWHERE where it states an Effective date, a demarcation line.

 

Am I just being obtuse, to think, because of that, this could be abused on past sales?

 

 

 

It doesn't work that way. Unless an effective date exception is specifically stated, that portion of the law becomes effective Jan. 1, 2022.

 

 

So, everyone has less than six months to make this happen? I can imagine the mess it will be. Anyone have law suits ready?

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It doesn't work that way. Unless an effective date exception is specifically stated, that portion of the law becomes effective Jan. 1, 2022.

 

 

So, everyone has less than six months to make this happen? I can imagine the mess it will be. Anyone have law suits ready?

 

 

 

Some of the bill will go into effect Jan. 1, 2022, some in 2023, and the rest in 2024.

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I missed this part in my read-through.

 

Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card under State and federal law including the National Instant Criminal Background Check System. Effective date January 1, 2024.

So the private transfer web page is going away. Buyers may not have to fill out a 4473, but the sellers have to take the buyers' FOID cards to FFLs to have the FFLs run the FOIDs through FTIP.

 

So the question is: would FFLs run a FOID without a 4473 to go with it?

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Since when can a State tell a federally licensed person how much they can charge for their services, written into law?

I am referring to the state dictating what a person to person transfer fee is.

It's actually the record-keeping fee. A lot of the provisions would keep the courts busy testing their legality. Ironically, it won't be the ISRA bringing the suits.

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I missed this part in my read-through.

 

So the private transfer web page is going away. Buyers may not have to fill out a 4473, but the sellers have to take the buyers' FOID cards to FFLs to have the FFLs run the FOIDs through FTIP.

 

So the question is: would FFLs run a FOID without a 4473 to go with it?

 

 

The private transfer web page will not be going away. Sellers will still have to check to see if FOID cards of the buyer are valid. Buyers will have to submit the record of the sale to an FFL and pay them for safe keeping, if they can find one who will accept it.

 

. . .contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card

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So I turn over proof, as required by law, that I just purchased a gun. What document do I get in return stating that I followed the law?

 

Theres nothing that forces the FFL to keep the record once I submit it unless they give me a document in return that I must now keep for 10 years. If no document then at that point its a he said she said, if they throw it away and claim Im a liar.

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So I turn over proof, as required by law, that I just purchased a gun. What document do I get in return stating that I followed the law?

 

Theres nothing that forces the FFL to keep the record once I submit it unless they give me a document in return that I must now keep for 10 years. If no document then at that point its a he said she said, if they throw it away and claim Im a liar.

 

 

No, if you are the one who acquires the firearm, you would need to keep the document for 20 years. The whole thing is full of holes and logic will not fill them.

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So I turn over proof, as required by law, that I just purchased a gun. What document do I get in return stating that I followed the law?

 

Theres nothing that forces the FFL to keep the record once I submit it unless they give me a document in return that I must now keep for 10 years. If no document then at that point its a he said she said, if they throw it away and claim Im a liar.

 

 

No, if you are the one who acquires the firearm, you would need to keep the document for 20 years. The whole thing is full of holes and logic will not fill them.

What if you move out of state within those 20 years, do you still need to keep the paperwork?

What if the buyer is out of state?

 

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So I turn over proof, as required by law, that I just purchased a gun. What document do I get in return stating that I followed the law?

 

Theres nothing that forces the FFL to keep the record once I submit it unless they give me a document in return that I must now keep for 10 years. If no document then at that point its a he said she said, if they throw it away and claim Im a liar.

 

 

No, if you are the one who acquires the firearm, you would need to keep the document for 20 years. The whole thing is full of holes and logic will not fill them.

 

 

When I read the Private Transfer part of the summary, It seems to say that as the buyer I must provide the sales document to an FFL who will keep the paperwork for 20 years, and that I will not be required to maintain the record other than the name of the FFL who is keeping the record. The seller still needs to keep a record of the sale for ten years, just as is currently required.

 

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So like it is now for a private sale, run the buyers foid through ISP site and then within 10 days mail or email an FFL a copy of the transfer and sellers foid information.

 

What if they throw it into the trash because they arent accepting this? It says the seller doesnt need to retain a transfer record at that point?

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So like it is now for a private sale, run the buyers foid through ISP site and then within 10 days mail or email an FFL a copy of the transfer and sellers foid information.

 

What if they throw it into the trash because they arent accepting this? It says the seller doesnt need to retain a transfer record at that point?

The buyer, not the seller, provides the record to an FFL along with a fee of up to $25. As written, the FFL is supposed to keep the record, but there appears to be no penalty if the FFL destroys (or simply loses) it.

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So like it is now for a private sale, run the buyers foid through ISP site and then within 10 days mail or email an FFL a copy of the transfer and sellers foid information.What if they throw it into the trash because they arent accepting this? It says the seller doesnt need to retain a transfer record at that point?

The buyer, not the seller, provides the record to an FFL along with a fee of up to $25. As written, the FFL is supposed to keep the record, but there appears to be no penalty if the FFL destroys (or simply loses) it.
Wait, the buyer really has the responsiblity to turn in documentation of the sale to an FFL? Is this a joke?

 

So there is no change in how the seller handles things, but the buyer has to go out of their way within 10 days to pay an FFL in person to keep record of it? What if the buyer gets sick, car breaks down, has a medical emergency? Will the FFL even accept it after 10 days or do you just at that point get charged with a misdemeanor? What if the buyer just lies and says they bought it back in 1980, at what point and in what situation would law enforcement even check? What if the seller gave false information? What positive thing could this possibly hope to accomplish? I guess it's not as bad as I first thought but this is going to get really messy.. could that be what they want?

 

Is this just a ploy to slap anyone found in possession of a gun that isnt "registered with an FFL" with a crime? I've bought several guns private sale over the years completely on the up and up, how exactly would I be able to prove that I don't deserve a misdemeanor under this law if I am ever questioned by police?

Edited by Dx54r
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Thank you ISRA. You have been so incredibly helpful with your new gun law. I’m sure this will all sort itself out just about the time we’re all in court for violations of this illogical, vague, and blatantly unconstitutional law. Again, thanks. I hope to help you out for this sometime in the future.
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I've long held my tongue on my opinion of ISRA. When the chairman appoints the board, and the board appoints the chairman there's a conflict of interest. That detail of their org always kept me on the sidelines when ISRA was involved. Now that ISRA can no longer affect my life, and they seem to have decided a chair at the table with the weasels in Springfield is more important than the people who pay their dues, call the reps, write the reps and make the fight an actual fight it's time to call them out as what they are. Self Important traitors. Snake oil salesmen. No better than the weasels in Springfield. In fact, their presence at the table isn't what they thought it was. They weren't there to make sausage, they were the sausage. Now they've been eaten by the weasels and exist only as weasel poop.

 

Sorry you guys and gals got the shaft. There's greener pastures. Lots of us former Illinois folks tested the waters and they're fine. I know I sure could use some neighbors like y'all.

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