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Illinois General Assembly 4/6/2022


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UPDATE(S)

 

Senate Amendment 3 has been filed on HB1091:

 

 Replaces everything after the enacting clause. Creates the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Requires online marketplaces to collect and disclose to consumers contact and other information about high-volume third-party sellers. Provides exceptions. Provides that if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action to restrain by preliminary or permanent injunction the use of such a method, act, or practice. Amends the Criminal Code of 2012. Creates the offense of organized retail crime. Defines the offense and establishes penalties. Provides that a retail mercantile establishment that is a victim of a violation of retail theft, organized retail crime, financial institution fraud or related offenses, or looting shall have certain rights. Provides that an issuer shall not provide a debit or credit cardholder or a person who utilizes an account number or code the value in any manner of any item purchased with intent to defraud the issuer or a person providing an item of value. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute violations of organized retail crime. Effective immediately, except that the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act takes effect January 1, 2023.

 

 

 

 

 

 

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In the House yesterday, House Amendment 2 to SB257 was approved for consideration.

 

In the Senate, Senate Amendment 1 was been filed on HB4383 Utilities Certified Mail yesterday, proposing to fabricate a definition of “ghost gun” and create a ban on them HB4729 DPH – Safe Gun Storage Campaign was approved for consideration by the Senate Executive Committee. It now appears on the Senate Calendar at second reading.  Similarly, HB5193 Sch Cd – Gun Safety Info was approved and added to the calendar.

 

HB5196 MHDD CC – Disabilities Definition passed out of the Senate as amended by Senate Amendment 2. It will be added to the House concurrence calendar.

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The House is scheduled 12:00 Noon and the Senate for 11:00 AM.

 

 

 

Next Days Scheduled

 

House: 4/7/2022
Senate: 4/7/2022

 

 

 

House Calendar

 

 

Senate Calendar

 

Senate Supplemental Calendar 1

 

 

 

 

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House Calendar

12:00 Noon


HB5086 $DPH – Safe Gun Storage Campaign

 

Oppose

 

House Sponsor: Willis, Hirschauer, Guzzardi

 

Status: Pending

 

Synopsis As Introduced

 

Appropriates $3,500,000 to the Department of Public Health to be used for the safe gun storage public awareness campaign required under specified provisions of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Effective July 1, 2022.

 

 

 

 

HB5196 MHDD CC – Disabilities Definition

 

Under Review

 

House Sponsor: Morgan (Added after passage: Collins, Guerrero-Cuellar)

 

Senate Sponsor: Bennet, Murphy

 

Status: House Concurrence/SA2

 

Synopsis As Introduced


Amends the Mental Health and Developmental Disabilities Code. Modifies the definition of "developmental disability." Modifies the definition of "intellectual disability." Modifies various other acts and codes to reference the definitions of developmental disability and intellectual disability in the Mental Health and Developmental Disabilities Code.

 

 

HA1 to HB5196 – Adopted

 

Removes changes to the Illinois Council on Developmental Disabilities Law. Removes changes to the Firearm Owners Identification Card Act.

 

SA1 to HB5196 - Tabled

 

Provides that the "developmental disability" and "intellectual disability" definitions in the Mental Health and Developmental Disabilities Code do not supersede the "person with a developmental disability" or "person with an intellectual disability" definitions in the Firearm Owners Identification Card Act that are required to be applied under that Act for the purpose of mandatory reporting.

 

SA2 to HB5196 – Adopted

 

Provides that the "developmental disability" and "intellectual disability" definitions in the Mental Health and Developmental Disabilities Code do not supersede the "developmental disability" and "intellectual disability" definitions in the Firearm Owners Identification Card Act that are required to be applied under that Act for the purpose of mandatory reporting. Amends the Firearm Owners Identification Card Act. Removes the definitions of "person with a developmental disability" and "person with a intellectual disability". Adds definitions for "developmental disability" and "intellectual disability".

 

 

 

 

SB257 IMDMA – Counseling

 

Oppose

 

Senate Sponsor: Muñoz

 

House Sponsor: Kifowit, Mason

 

Status: House/2nd Reading

 

Synopsis As Introduced

 

Amends the Illinois Marriage and Dissolution of Marriage Act. Deletes language providing that: all counseling sessions shall be confidential; and communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party. Effective immediately.

 

Senate Amendment 1 to SB257 - Adopted

 

Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following change: Provides that court-ordered counseling is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996. Effective immediately.

 

House Amendment 1 to SB257 - Adopted

 

Replaces everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a technical change in a Section concerning jury trials.

 

House Amendment 2 to SB257 – Approved for Consideration

 

Replaces everything after the enacting clause. Amends the Firearm Owners Identification Card Act. Changes the definition of "protective order" to include substantially similar protective orders issued by the court of another state, tribe, or United States territory or military tribunal. Amends the Code of Criminal Procedure of 1963. Provides that a petition for a civil no contact order or a petition for a stalking no contact order may be filed by a service member of the Illinois National Guard or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order or the Staff Judge Advocate of the Illinois National Guard or any reserve military component serving in the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order. Amends the Illinois Domestic Violence Act of 1986. Requires the Illinois National Guard to file a certified copy of any military order of protection with the clerk of the court in a judicial circuit in which the person entitled to protection resides or if the person entitled to protection is not a State resident, in a judicial circuit in which it is believed that enforcement may be necessary. Amends the Victims' Economic Security and Safety Act. Provides that an employer shall not fail to hire, refuse to hire, discharge, constructively discharge, or harass any individual, otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, or retaliate against an individual in any form or manner, and a public agency shall not deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual, or retaliate against an individual in any form or manner, because the individual involved attended, participated in, prepared for, requested leave to attend, participate in, or prepare for a court-martial or nonjudicial punishment proceeding pursuant to the Uniform Code of Military Justice relating to an incident of domestic violence, sexual violence, gender violence, or any criminal violence of which the individual or a family or household member of the individual was a victim, or requested or took leave for any other reason. Effective immediately.

 

 

 

 

SB3865 Noncitizen Statutory Reference

 

Neutral

 

Senate Sponsor: Simmons, Pacione-Zayas (Added after passage: Lightford, Villa)

 

House Sponsor: Avelar, Stava-Murray, Hernandez (Lisa)


Status: House /3rd Reading

 

Synopsis As Introduced


Amends various Acts to make changes concerning references to noncitizen individuals and non-domestic entities. Effective immediately.

 

Senate Amendment 1 to SB3865 – Adopted

 

Defines "noncitizen" for purposes of the Firearm Owners Identification Card Act. Makes conforming changes.

 

Senate Amendment 2 to SB3865 – Adopted

 

Provides that it is the intent of the General Assembly in enacting the amendatory Act to make only nonsubstantive changes that remove the dehumanizing term "alien" from all Illinois statutory provisions. Provides that no change made by the amendatory Act shall be interpreted as to make any substantive change to existing law, including, but not limited to, eligibility for federal programs or benefits that are available to a person who meets the definition of "alien" under State or federal law.

 

House Amendment 1 to SB3865 - Adopted

 

Makes further changes concerning references to noncitizen individuals.

 

House Amendment 2 to SB3865 - Pending

 

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Makes further changes concerning references to noncitizen individuals. Effective immediately.

 

 

 

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Senate Calendar

11:00 AM
 

HB716 Violence Reduction - Grant Fund

 

Neutral

 

House Sponsor: Harper

 

Senate Sponsor: Harmon, Van Pelt, Collins, Gillespie (Sponsorship removed: Villivalam)

 

Status: Senate/Third Reading

 

Synopsis As Introduced

 

Amends the Illinois Criminal Justice Information Act. Creates the ICJIA Violence Reduction Fund as a special fund in the State treasury. Provides that moneys in the Fund shall be used for grants by the Illinois Criminal Justice Information Authority to community-based organizations whose primary purpose is violence reduction in disproportionately impacted areas. Provides that the moneys in the Fund shall also be used by the Authority for operational and grant program purposes. Provides eligibility requirements for receiving grant funds. Provides that grants shall be subject to the requirements of the Grant Accountability and Transparency Act. Requires the Authority to adopt rules to implement the grant program. Amends the State Finance Act to provide for the ICJIA Violence Reduction Fund. Defines terms.

 

Senate Floor Amendment 1 to HB716 – Approved for Consideration

 

Replaces everything after the enacting clause. Amends the Election Code. Provides that applicants for voter registration may select "male", "female", or "non-binary" when designating the applicant's sex on a voter registration form. Makes changes concerning 2022 general primary election and general election dates and signature requirements. Makes changes concerning election precincts. Provides that a polling place that is accessible to voters with disabilities and elderly voters shall include at least one voting booth that is wheelchair accessible. In provisions concerning limitations on campaign contributions for a candidate political committee for a candidate seeking nomination to the Supreme Court, Appellate Court, or Circuit Court, provides that the political committee may not accept contributions from any group that is not required by law to disclose the identity of its contributors or accept contributions from any out-of-state source. Provides that "contribution" includes expenditures made by any person in concert or cooperation with, or at the request or suggestion of, a candidate, his or her designated committee, or their agents and the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his or her campaign committee, or their designated agents. Prohibits the making and accepting of anonymous contributions. Provides that contributions made through dues, levies, or similar assessments paid by any natural person, corporation, labor organization, or association that exceed $1,000 (currently $500) in a quarterly reporting period shall be itemized on the political action committee's quarterly report. Makes other changes. Amends the Legislative Commission Reorganization Act of 1984. Makes changes concerning a prohibition on the Legislative Printing Unit printing newsletters or brochures for members of the General Assembly. Amends the Counties Code. In provisions concerning county apportionment commissions for the reapportionment of 2021, provides that the county board shall complete the reapportionment by December 31 (currently, the third Wednesday in November). Amends the Downstate Forest Preserve District Act. Provides that commissioners of a forest preserve district shall be elected from districts, as determined by the board of commissioners. Contains provisions concerning reapportionment. Amends the Circuit Courts Act. Provides that the boundaries of the subcircuits in certain judicial circuits shall be redrawn in 2022 (currently, in 2021). Effective immediately.

 

 

 

 

HB1091 “Fix the FOID Act”

 

Oppose (Neutral with adoption of SA1 or SA2)

 

House Sponsor: Hirschauer, Welch, Willis, Stoneback, Delgado, Carroll, Slaughter, Mussmanm, Mah, Ortiz, Robinson, Costa Howard, Ford, Williams, Stava-Murray, Croke, West, Conroy, Cassidy, LaPonte, Gong-Gershowitz, Morgan, Evans, Moeller, Guzzardi, Collins, Ammons, Gonzalez, Hernandez (Barbara), Hernandez (Elizabeth), Walker, Gabel, Didech, Yang Rohr, Harris, Mason, Williams

 

Senate Sponsor: Glowiak Hilton, Hastings, Curran, Wilcox, Turner (Doris), Wilcox, Ellman , Loighran Cappel, Turner (Sally), DeWitte, Bailey, Anderson, Bryant, Tracy, Joyce, Morrison, Connor, McClure, Barickman, Syverson, Stoller, Rezin, Murphy, Fowler, Rose, Crowe, Holmes, Cunningham, Plummer

 

Status: Senate/3rd Reading

 

Synopsis As Introduced

 

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the applicability of the common law.

 

House Amendment 1 to HB1091 - Adopted

 

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 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 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. Creates within the Illinois State Police a Firearm Owner's Identification Card Review Board to consider any appeal of the denial or revocation and seizure of a Firearm Owner's Identification Card by the Illinois State Police, other than an appeal directed to the circuit court. 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. Amends various other Acts to make conforming changes.

 

Senate Amendment 1 to HB1091 - Pending

 

Replaces everything after the enacting clause. Creates the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Requires online marketplaces to collect and disclose to consumers contact and other information about high-volume third-party sellers. Provides exceptions. Provides that if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action to restrain by preliminary or permanent injunction the use of such a method, act, or practice. Amends the Criminal Code of 2012. Extends the repeal of the RICO Article of the Code from June 11, 2022 to June 11, 2027. Creates the offense of organized retail crime. Defines the offense and establishes penalties. Provides that a retail mercantile establishment that is a victim of a violation of retail theft, organized retail crime, financial institution fraud or related offenses, or looting shall have certain rights. Provides that an issuer shall not provide a debit or credit cardholder or a person who utilizes an account number or code the value in any manner of any item purchased with intent to defraud the issuer or a person providing an item of value. Provides that a RICO violation involving felony offenses of organized retail crime shall be sentenced as a Class 1 felony, and the sentence imposed may include restitution. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute violations of organized retail crime. Effective immediately.

 

Senate Amendment 2 to HB1091 – Pending

 

Replaces everything after the enacting clause. Creates the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Requires online marketplaces to collect and disclose to consumers contact and other information about high-volume third-party sellers. Provides exceptions. Provides that if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action to restrain by preliminary or permanent injunction the use of such a method, act, or practice. Amends the Criminal Code of 2012. Creates the offense of organized retail crime. Defines the offense and establishes penalties. Provides that a retail mercantile establishment that is a victim of a violation of retail theft, organized retail crime, financial institution fraud or related offenses, or looting shall have certain rights. Provides that an issuer shall not provide a debit or credit cardholder or a person who utilizes an account number or code the value in any manner of any item purchased with intent to defraud the issuer or a person providing an item of value. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute violations of organized retail crime. Effective immediately, except that the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act takes effect January 1, 2023.

 

 

 

 

HB4383 Utilities – Certified Mail

 

Oppose


House Sponsor: Delgado, Gonzalez


Senate Sponsor: Collins

 

Status: Senate/3rd Reading

 

Synopsis As Introduced


Amends the Public Utilities Act. In provisions concerning an application for a certificate of public convenience and necessity, provides that the Illinois Commerce Commission shall notify each owner of record of land included in a right-of-way over which the utility seeks in its application to construct a high-voltage electric line of the time and place scheduled for the initial hearing on the public utility's application by certified mail (rather than registered mail).

 

Senate Amendment 1 to HB4383

 

Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Provides that 180 days after the effective date of the amendatory Act, it shall be unlawful for any person to knowingly sell, offer to sell, or transfer an unserialized unfinished frame or receiver or unserialized firearm, including those produced using a three-dimensional printer, unless the party purchasing or receiving the unfinished frame or receiver or unserialized firearm is a federal firearms importer, federal firearms manufacturer, or federal firearms dealer. Provides that any person who possesses or comes into possession of an unserialized unfinished frame or receiver or an unserialized firearm shall, within 30 days after the effective date of the amendatory Act or within 30 days after taking possession, ensure that the unserialized unfinished frame or receiver or the unserialized firearm is imprinted with a serial number by: a federal firearms manufacturer, federal firearms dealer, or other federal licensee authorized to provide marking service in compliance with unserialized firearm serialization process under this provision; or by a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms. Provides exemptions and establishes penalties for violations.

 

 

 

 

HB4729 DPH – Safe Gun Storage Campaign

 

Oppose

 

House Sponsor: Willis, Hirschauer, Lilly, Wheeler, Stava-Murray, Moeller, Gabel, Croke, Morgan, Gong-Gershowitz, Moeller, Stuart, Stoneback, Conroy, Costa Howard, Ford, Williams, Zalewski, Didech, Carroll, LaPointe, Cassidy, Andrade, Slaughter, Yingling, West, Mussman, Delgado, Guzzardi (Added after passage: Hernandez (Lisa))

 

Senate Sponsor: Morrison, Collins, Villa, Johnson, Castro, Gillespie, Fine, Feigenholtz, Glowiak Hilton, Murphy, Villivalam

 

Status: Senate/3rd Reading

 

Synopsis As Introduced


Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to develop and implement a comprehensive 2-year statewide safe gun storage public awareness campaign. Provides that the campaign shall include sustained and focused messaging over the course of the 2-year campaign period, messages paired with information about enforcement or incentives for safe gun storage, and geographic and cultural considerations. Provides that the campaign shall be divided into 3 phases with specified requirements for each phase. Repeals the provisions on January 1, 2026.

 

HA1 to HB4729 - Adopted

 

Provides that the statewide safe gun storage public awareness campaign shall be developed by the Department of Public Health subject to appropriation.

 

 


 

HB5193 Sch Cd – Gun Safety Info

 

Under Review

 

House Sponsor: Hirschauer, Mason, Avelar, LaPointe, Gonzalez, Kifowit, Mussman (Added after passgae: Gong-Gershowitz, Morgan, Stava-Murray, Yang Rohr, Guerrer-Cuellar)

 

Senate Sponsor: Villa, Murphy

 

Status: Senate/2nd Reading

 

Synopsis as Introduced

 

Amends the School Code. Provides that every school district shall include safe gun storage information in schools' student handbooks. Effective immediately.

 

HA1 to HB5193 – Adopted

 

Replaces everything after the enacting clause. Amends the Course of Study Article of the School Code. Provides that the safety education that school boards and othe boards may provide instruction in includes safe gun storage.

 


 

 

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  • mauserme unlocked this topic

The Senate is coming to order.

 

Senate Amendment 3 has been filed on HB1091:

 

 Replaces everything after the enacting clause. Creates the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Requires online marketplaces to collect and disclose to consumers contact and other information about high-volume third-party sellers. Provides exceptions. Provides that if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action to restrain by preliminary or permanent injunction the use of such a method, act, or practice. Amends the Criminal Code of 2012. Creates the offense of organized retail crime. Defines the offense and establishes penalties. Provides that a retail mercantile establishment that is a victim of a violation of retail theft, organized retail crime, financial institution fraud or related offenses, or looting shall have certain rights. Provides that an issuer shall not provide a debit or credit cardholder or a person who utilizes an account number or code the value in any manner of any item purchased with intent to defraud the issuer or a person providing an item of value. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute violations of organized retail crime. Effective immediately, except that the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act takes effect January 1, 2023.

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On 4/6/2022 at 4:45 PM, steveTA84 said:

So wait.....if this gets all the way through, you can hunt with .30 and up rifles provided that during hunting you can only be able to have one round in the rifle?

 

There are other conditions, but yes. Rifles must be single-shot only, which bizarrely (IMO) includes rifles with external box magazines not present. It's bizarre, because it prohibits rifles with internal magazines, since it's not possible to remove an internal magazine.

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My take on Hb-4383 SA1
 
 
The definition of frame or receiver is significantly altered and expanded to cover things that are not currently considered firearms.
"Frame or receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. For models of firearms in which multiple parts provide such housing or structure, the part or parts that the Director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has determined are a frame or receiver constitute the frame or receiver. For purposes of this definition, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.
Many types of firearms utilize a two piece design. Federal law defines a receiver as being a singular component housing all of the components mentioned. Under Illinois NEW definition of a receiver, a great deal of confusion is going to be created.
On an AR-15 style firearm, the serialized component is the lower receiver, having both a lower and upper receiver. The lower holds the fire control group to include the hammer and trigger set.
The upper holds the bolt and bolt carrier. The upper receiver, now fits the definition of a “frame or receiver”
• Will AR-15 style firearms, now require a serial number on the upper receiver?
• Will AR-15 style upper receivers be treated as firearms and require a background/FTIP check?
• Be required to be kept in the licensees State version of the acquisitions and dispositions list required under the firearm dealers certification?
• Will AR-15 style upper receivers require a FOID card?
• If AR-15 style receivers require a serial number, how will that be applied? Will it be under the new serialization guidelines in the bill?
• Will it be to match the serial number of the lower if a commercially manufactured firearm?
"Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that:
(1) has reached a stage in manufacture where it may readily be completed, assembled, or converted to be a firearm”
• No definition of “may readily be completed” is included. Is this 10 minutes of work? An hour with hand tools? 4 hours with a machine shop? All of this make a significant difference.
• The definition of unfinished frame or receiver includes “extrusion” how do you propose to regulate things like tubing? How do you tell the difference between a piece of 1.5” tubing for handrails and 1.5” tubing for a Sterling L2A3?
• How do you tell the difference between a piece of 3/8” plate steel for an engine mount and 3/8” plate steel for a 1919 side plate?
• How do you tell the difference between a piece of 16 gauge sheet steel at Menards and if it is going to be used for a home project or an AK or MAC-10?
Markings:
• Many gun owners who have built their own firearms have had them marked so they could be identified if stolen.
How do they comply with the marking requirements? You will now have multiple markings on the same firearm.
• The FFL marking required are a combination of the abbreviated FFL number, 8 digits, and another numerical identifier. Many of these custom built guns do not have enough space for the required marking in the required manner. How do they comply?
• “The imprinting of any serial number must be done on a steel plaque in compliance with 18 U.S.C. 922(p).” The bill calls for imprinting on a “STEEL” plaque. What if it is an aluminum framed gun? All AR-15s are generally made out of aluminum not steel. Are they in compliance as the bill calls for steel?
Exceptions:
• “has been rendered permanently inoperable” the very nature of an unfinished frame makes it inoperable if left in its unaltered state.
• When does a piece of tubing cease being a piece of tubing and a firearm component? Unfinished it is nothing.
• The exception only applies to suppliers of manufactures a great many people own various forgings and castings of firearm frame for things such as paperweights. Are they now in violation of the law?
• The bill makes an exemption for those firearm made prior to the 1968 requirement of a serial number. So it can not be that important of an issue as all these hundreds of thousands of unserialized guns are being allowed to remain in circulation, the contrary of the intent of the law. This would seem to be an equal protection claim as well as dispersive penalties under the law.
Penalties:
• A person who owns a home built firearm and fails to have it serialized in accordance with the bill faces a class A first offense and Class 3 second offense. Even if that person has a FOID Card or CHL.
• The penalty is the same if a lawful person obtained and built the firearm as if a prohibited person built and possessed the firearm.
• How are people with previously marked firearms, that can not comply, suppose to comply with this?
They can’t mark the gun as prescribed by law.
• There is no provision for inheritance.
FOID Implications:
Since the definition of a frame or receiver is being altered/created under this new section of the criminal code, will you need a FOID card in order to posses one under the new definition?
Current law requires a FOID card to possess firearms or ammunition. It hasn’t been repealed. How many cases of prohibited persons acquiring/building “ghost guns” have been prosecuted for:
o Being felon in possession?
o Prohibited person in possession?
o Possession without a FOID card?
o Transfer without waiting period?
o Transfer without record keeping?
o Transfer without background check?
How many have been prosecuted under Federal law for the illegal transfer of these firearms?
All of the criminal penalties exist to deal with those who can’t possess a firearm who possess one of these -- a firearm is a firearm regardless if it is of commercial manufacture or home built.
Fees:
While the bill requires the serialization to be done by an FFL, there is an issue of cost. The bill does not outline any fees nor cap them. Either one leading to a host of problems of an artificially low fee of less than the cost of time and effort by the FFL or leading to a new additional tax on a firearms. A quick check of FFLs indicates some may charge $35-50 for the service. So after paying all the sales taxes on components, gun owners will now face the requirement and burden of having to find a willing FFL to mark the frame and pay the fee/tax and wait the time to have it completed in order to keep their currently legal firearm which they possess.
Possession by Non-residents:
This bill is an outlier with about half a dozen states implementing something about this subject. What happens to an individual from another state that possesses one of these firearms if they come into contact with law enforcement?
• Are they in violation of the law for not having a serial number despite their home state not requiring it?
• If a person from another state is legally carrying that firearm and comes into contact with law enforcement then what?
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If enacted, it might be nice to have a list of eligible cartridges.  That doesn't sound like a very long case for a bottleneck cartridge.

 

After waiting and waiting, hoping this would occur so could have light recoiling alternative for wife and young son, I finally purchased three Savage 220 20 gauge shotguns with Leupold 3x9 firedot scopes two seasons ago.  Great shotguns and shoot like rifles.  Nine year old son has now gotten two deer with his and wife has gotten one.  Now wondering if it is worth it to get a 350 Legend or not.  A nice, trim little rifle would be really nice for them; but the 220s work very well.

 

"Limits legal ammunition for a centerfire handgun or rifle to a bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding one and two-fifths inches, or a straight-walled centerfire cartridge of .30 caliber or larger, both of which must be available as a factory load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle."

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On 4/7/2022 at 2:30 PM, Ranger said:

If enacted, it might be nice to have a list of eligible cartridges.  That doesn't sound like a very long case for a bottleneck cartridge.

 

After waiting and waiting, hoping this would occur so could have light recoiling alternative for wife and young son, I finally purchased three Savage 220 20 gauge shotguns with Leupold 3x9 firedot scopes two seasons ago.  Great shotguns and shoot like rifles.  Nine year old son has now gotten two deer with his and wife has gotten one.  Now wondering if it is worth it to get a 350 Legend or not.  A nice, trim little rifle would be really nice for them; but the 220s work very well.

 

"Limits legal ammunition for a centerfire handgun or rifle to a bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding one and two-fifths inches, or a straight-walled centerfire cartridge of .30 caliber or larger, both of which must be available as a factory load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle."

 

JCAR will have a lot to say about what rounds will be allowed.

 

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On 4/6/2022 at 4:30 PM, Tvandermyde said:
My take on Hb-4383 SA1
 
 
The definition of frame or receiver is significantly altered and expanded to cover things that are not currently considered firearms.
"Frame or receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. For models of firearms in which multiple parts provide such housing or structure, the part or parts that the Director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has determined are a frame or receiver constitute the frame or receiver. For purposes of this definition, "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.
Many types of firearms utilize a two piece design. Federal law defines a receiver as being a singular component housing all of the components mentioned. Under Illinois NEW definition of a receiver, a great deal of confusion is going to be created.
On an AR-15 style firearm, the serialized component is the lower receiver, having both a lower and upper receiver. The lower holds the fire control group to include the hammer and trigger set.
The upper holds the bolt and bolt carrier. The upper receiver, now fits the definition of a “frame or receiver”
• Will AR-15 style firearms, now require a serial number on the upper receiver?
• Will AR-15 style upper receivers be treated as firearms and require a background/FTIP check?
• Be required to be kept in the licensees State version of the acquisitions and dispositions list required under the firearm dealers certification?
• Will AR-15 style upper receivers require a FOID card?
• If AR-15 style receivers require a serial number, how will that be applied? Will it be under the new serialization guidelines in the bill?
• Will it be to match the serial number of the lower if a commercially manufactured firearm?
"Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that:
(1) has reached a stage in manufacture where it may readily be completed, assembled, or converted to be a firearm”
• No definition of “may readily be completed” is included. Is this 10 minutes of work? An hour with hand tools? 4 hours with a machine shop? All of this make a significant difference.
• The definition of unfinished frame or receiver includes “extrusion” how do you propose to regulate things like tubing? How do you tell the difference between a piece of 1.5” tubing for handrails and 1.5” tubing for a Sterling L2A3?
• How do you tell the difference between a piece of 3/8” plate steel for an engine mount and 3/8” plate steel for a 1919 side plate?
• How do you tell the difference between a piece of 16 gauge sheet steel at Menards and if it is going to be used for a home project or an AK or MAC-10?
Markings:
• Many gun owners who have built their own firearms have had them marked so they could be identified if stolen.
How do they comply with the marking requirements? You will now have multiple markings on the same firearm.
• The FFL marking required are a combination of the abbreviated FFL number, 8 digits, and another numerical identifier. Many of these custom built guns do not have enough space for the required marking in the required manner. How do they comply?
• “The imprinting of any serial number must be done on a steel plaque in compliance with 18 U.S.C. 922(p).” The bill calls for imprinting on a “STEEL” plaque. What if it is an aluminum framed gun? All AR-15s are generally made out of aluminum not steel. Are they in compliance as the bill calls for steel?
Exceptions:
• “has been rendered permanently inoperable” the very nature of an unfinished frame makes it inoperable if left in its unaltered state.
• When does a piece of tubing cease being a piece of tubing and a firearm component? Unfinished it is nothing.
• The exception only applies to suppliers of manufactures a great many people own various forgings and castings of firearm frame for things such as paperweights. Are they now in violation of the law?
• The bill makes an exemption for those firearm made prior to the 1968 requirement of a serial number. So it can not be that important of an issue as all these hundreds of thousands of unserialized guns are being allowed to remain in circulation, the contrary of the intent of the law. This would seem to be an equal protection claim as well as dispersive penalties under the law.
Penalties:
• A person who owns a home built firearm and fails to have it serialized in accordance with the bill faces a class A first offense and Class 3 second offense. Even if that person has a FOID Card or CHL.
• The penalty is the same if a lawful person obtained and built the firearm as if a prohibited person built and possessed the firearm.
• How are people with previously marked firearms, that can not comply, suppose to comply with this?
They can’t mark the gun as prescribed by law.
• There is no provision for inheritance.
FOID Implications:
Since the definition of a frame or receiver is being altered/created under this new section of the criminal code, will you need a FOID card in order to posses one under the new definition?
Current law requires a FOID card to possess firearms or ammunition. It hasn’t been repealed. How many cases of prohibited persons acquiring/building “ghost guns” have been prosecuted for:
o Being felon in possession?
o Prohibited person in possession?
o Possession without a FOID card?
o Transfer without waiting period?
o Transfer without record keeping?
o Transfer without background check?
How many have been prosecuted under Federal law for the illegal transfer of these firearms?
All of the criminal penalties exist to deal with those who can’t possess a firearm who possess one of these -- a firearm is a firearm regardless if it is of commercial manufacture or home built.
Fees:
While the bill requires the serialization to be done by an FFL, there is an issue of cost. The bill does not outline any fees nor cap them. Either one leading to a host of problems of an artificially low fee of less than the cost of time and effort by the FFL or leading to a new additional tax on a firearms. A quick check of FFLs indicates some may charge $35-50 for the service. So after paying all the sales taxes on components, gun owners will now face the requirement and burden of having to find a willing FFL to mark the frame and pay the fee/tax and wait the time to have it completed in order to keep their currently legal firearm which they possess.
Possession by Non-residents:
This bill is an outlier with about half a dozen states implementing something about this subject. What happens to an individual from another state that possesses one of these firearms if they come into contact with law enforcement?
• Are they in violation of the law for not having a serial number despite their home state not requiring it?
• If a person from another state is legally carrying that firearm and comes into contact with law enforcement then what?


So the one-off gun that my grandfather built before ANY gun control laws, which has been appraised at $25,000+ and has no serial number; I'm supposed to deface and devalue that firearm just to appease the government?

Um, no.

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On 4/7/2022 at 3:30 PM, Ranger said:

If enacted, it might be nice to have a list of eligible cartridges.  That doesn't sound like a very long case for a bottleneck cartridge.

...

 

On 4/7/2022 at 4:34 PM, mauserme said:

JCAR will have a lot to say about what rounds will be allowed.

 

The only common bottleneck cartridge I know that is between 30 caliber (7.62mm) and 50 caliber (the other limit) and has a case length less than 1.4 inches (35.5mm) is 300 Blackout (7.62x35mm).

 

The only other common cartridges with cases shorter than 1.4 inches are smaller than 30 caliber or have straight walls, anyway. The only other common cartridges larger than 30 caliber have cases longer than 1.4 inches or (again) have straight walls, anyway. Uncommon ones exist, but only for C&R-eligible firearms, none in current (or even recent) production.

 

If JCAR prohibits 300 Blackout, the inclusion of bottleneck cartridges in the legislation was pointless, if not disingenuous.

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  • 2 weeks later...
On 4/22/2022 at 11:14 PM, mab22 said:

Has anyone figured out why you can only hunt with a Barney fife rifle, single shot, and why the restriction to straight walled cartridges only?
Is this a step in banning something? 
Would you hunt rabbits or small game with a .30? 

 

Back in the 80s and 90s, a lot of states banned all mid-sized (e.g., deer) hunting with rifles. The reasoning was concern over what could happen if the hunter missed or over-penetrated the target. The bullet would travel on and on, never sleeping, never resting, until it found a human being to hit, probably a child. Whereas handgun rounds and shotgun slugs barely dribble out of the muzzle and then just lie there in the dirt, completely incapable of harming anyone. (Not purple)

 

Over the past 10 years or so, many of those states have loosened their bans slightly by allowing single-shot rifles chambered in straight-walled cartridges. That's why 350 Legend exists. It was designed specifically to conform to the new, de facto legislative hunting standard. Illinois may actually be the last state to lighten up. Plus we got the ability to use 300 BLK (most holy JCAR willing). Maybe we'll set a new trend.

 

As for small game, even in Illinois, AFAIK 22LR has always been legit.

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