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HB562 FOID Modernization Act - Complilation of Changes


Molly B.

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What a mess and wasted resources. Can the ISP handle the increased workload? How long is it gonna take to get a FOID now 10 years? Any of the shootings in Chicago committed by FOID card holders? Going after the law abiding instead of the criminals.

 

Most every post in this thread is concerning how the law abiding gun owner remains law abiding.

The honest man has been put in fear of losing his rights.

The dishonest man will not even know this thing has been made into law.

If the only ones paying attention are the ones trying to follow the law, the document is worthless.

ISRA is the Mitt Romney of gun organizations.

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I left IL in March 2017. The DMV is still constantly sending me messages that I need to update my insurance information on my vehicle registrations and that I need to renew my Driver's License. I called them to remind them that I had turned in my IL Driver's License and I did not have any vehicles registered in IL. They told me that since I had an 847 phone number and owned property in IL I was required to have an IL Driver's License. Real geniuses! I fail to see how they will implement technology solutions that actually work as required by this act. But maybe that is the ISRA's plan, to create a law that results in utter failure by the state. Somewhat like the gun registration plan in Canada.

You owe them nothing, including a call back.

 

I've been getting texts suggesting that I need to clarify DVM info. I block sender and delete them. Could be phishing. Don't trust the phone number or link on a text message. If any government agency wants something from me they can write me a letter to my current address of record. This is pretty standard.

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... They told me that since I had an 847 phone number and owned property in IL I was required to have an IL Driver's License. ...

... I block sender and delete them. Could be phishing. ...

 

Your tax filings determine your residency status. Even if it's the real DMV, if it acts like a phisher, treat it like a phisher.

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I think that they think that any FFL would consider it an easy $25 to stick a piece of paper in a filing cabinet or whatever for 20 years. In that case, the penalty for losing/misfiling the piece of paper should be a $25 fine.

 

Meanwhile, there's nothing to compel an FFL to accept the transfer record. There's also nothing to prove or disprove that an FFL accepted it.

 

A buyer could lie about giving it to an FFL. An FFL could lie about ever having received it. Neither one of them necessarily has an interest in helping the government.

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The order goes like this in terms of trust level: USPS mail, email, calls,texts. The latter two significantly easier to spoof and therefore subject to scams vs the first two (and arguably so much it's bordering on becoming useless forms of communication due to the incessant levels of abuse for them).

 

In terms of actually getting notice to providing information such as a DL, my recommendation is that unless it's physical mail (and possibly you actually explicitly consenting to email communication for a very specific use case such as with registration renewal), assume the notice is a scam.

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... They told me that since I had an 847 phone number and owned property in IL I was required to have an IL Driver's License. ...

... I block sender and delete them. Could be phishing. ...

 

Your tax filings determine your residency status. Even if it's the real DMV, if it acts like a phisher, treat it like a phisher.

 

I called the IL DMV to find out if they were real texts, and they confirmed they were. I was curious about the phishing also.

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I think that they think that any FFL would consider it an easy $25 to stick a piece of paper in a filing cabinet or whatever for 20 years. In that case, the penalty for losing/misfiling the piece of paper should be a $25 fine.Meanwhile, there's nothing to compel an FFL to accept the transfer record. There's also nothing to prove or disprove that an FFL accepted it.A buyer could lie about giving it to an FFL. An FFL could lie about ever having received it. Neither one of them necessarily has an interest in helping the government.

I am not accepting them, the fine print has not been written yet until JCAR has gotten ahold of it. JCAR has obliterated the Gun Licensing Bill to a regulation that only looks like half of the law it was written on. JCAR is going to determine; does an FFL Dealer have to make a photo copy of your ID just like a transfer/sale, are dealers allowed to receive these docs via email, are dealers required to scrutinize the docs we receive (dealer vs buyer on what was received or not received and was the 72hr waiting period honored), is it a one-time $25 fee per person or per doc, if this guy buys 7, or 8 guns, or more guns per year do I have to report him to ISP for potentially being a dealer without registering w/ISP, etc. Just another doc the ISP gets to audit and scrutinize me for. And if you guys/gals didn't know, these ISP contractors are doing the Gun Licensing Bill audits.

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As I scan through this document I don’t recall seeing any penalties to the state for not enacting any of the so-called enhancements by the timeframe stated.

If the ISP follows along as they did with the FOID and CCL cards, when there is no penalty for noncompliance with statutory time limits, this bill is merely a suggestion to the state with no incentive to provide any real “FOID modernization”.

Please correct me if my cynicism is misplaced.

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Your tax filings determine your residency status. Even if it's the real DMV, if it acts like a phisher, treat it like a phisher.

 

I called the IL DMV to find out if they were real texts, and they confirmed they were. I was curious about the phishing also.

 

For clarification, did you call the number included with the text or a number you looked up independently. The number they include in the text could very well go right back the the entity that sent the text and that entity is just as suspect as the text.

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If you read the new JCAR regulations on the Gun Licensing Bill, this law when passed, can grow wings. The person who talks about regulations alot is Sean Hannity, it's not the law as written, it's the regulators. In the Gun Licensing Bill, JCAR/ISP added that a non-retail (which no longer exists) home-based FFL who's primary income is the FFL, is automatically a retail location. Regardless of where he/she conducts business at. That is not written in the Gun Licensing Bill but it's written in the JCAR/ISP regulation.
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  • 2 weeks later...
  • 2 weeks later...

"(430 ILCS 65/3) (from Ch. 38, par. 83-3) Private transfer of firearms:
a. 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."

 

I still read that as Private Seller CAN have FFL do sale, OR can do the same as now essentially, check with ISP that FOID is good.

 

Or am I wrong,

 

Because, that is NOT what news outlets are reporting, they are reporting "Universal Background checks".

 

Even other Pro-2A activists are believing the same from said outlets.

 

https://www.cnn.com/2021/08/02/politics/illinois-background-checks-gun-sales/index.html

 

 

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Posted in another topic by Euler:

 

Posted 02 August 2021 - 05:58 PM

springfield shooter, on 02 Aug 2021 - 3:06 PM, said:snapback.png

".......Expanding Background Checks to All Gun Sales in Illinois"

So....what's changed here?


Essentially nothing. Private sellers can, if they want, go to an FFL to check the buyers' FOIDs, or continue to use the web site, same as today. It just sounds good to JB's voters, now that he's announced he's running for re-election.

Edited by Euler, 02 August 2021 - 05:58 PM.

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"(430 ILCS 65/3 from Ch. 38,(par. 83.3)

 

Private transfer of firearms:

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."

 

I still read that as Private Seller CAN have FFL do sale, OR can do the same as now essentially, check with ISP that FOID is good.[/size]

 

Or am I wrong,

Because, that is NOT what news outlets are reporting, they are reporting "Universal Background checks".[/size]

 

Even other Pro-2A activists are believing the same from said outlets.

 

My FFL thinks the seller needs to bring the item to the FFL, where it gets treated much like any GunBroker transfer.

 

The news reports you are seeing may be based off of a similar bad interpretation, possibly from a gun shop source.

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Huh. Nary a peep in my ISRA emails about this bill being passed into law. I found out by watching the news a few days ago.

 

I assume that "transfer" has an exception for a temporary transfer, such as me lending a friend a gun to try out at the range?

 

So with all the backlog the ISP currently has, they thought it was a good idea to add a bunch of new tasks to make it better huh? I've seen clueless management like that. They didn't add any people for the additional work either. Probably sprained their wrist patting themselves on the back for such brilliant leadership.

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So don't we also have that red flag law where someone can claim you are dangerous to yourself or others and have your FOID suspended/revoked? And now there will be a specifically funded force that will be trained to forcibly take your firearms from you in such a case?

We've had a red flag law in Illinois for a little while already. The thing that got changed was that the Moms were displeased that more people weren't having their civil liberties suspended, so the legislature made it easier. Before, petitioners needed evidence of danger. Now, they don't. That's a separate bill, though, not part of "modernization."

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  • 1 month later...

In regards to seller buyer and keeping records…. How does this apply to an out of state buyer or seller? How could Illinois enforce anything against an out of state citizen? If I come there and buy a firearm and go back home. FFL’s here aren’t required to keep records or report. And we aren’t required to keep records if I sell it here.

 

what if someone from Illinois, comes to Texas and I sell them a firearm. Legally in Texas I don’t have to check or view or do anything. (Although morally I should, and should to protect myself, but legally not required to do anything in Texas)

 

Illinois will be hard pressed to make me do anything here in Texas.

 

i have a Non-Resident Illinois CCL, but no FOID, so is it saying that a FFL as well as Private are not allowed to sell or transfer me a firearm?

 

what about a relative, giving me their firearm? Or through inheritance? When I am executor off the will. I could take the firearms to Texas. is Illinois even going to know? As far as I know, Illinois doesn’t require anyone to register their firearms. Correct?

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