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Call to Action 4/11/2021


mauserme

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FOID Modernization?


How does one modernize a dinosaur? How do we bring a fossil back to life?

With Spring break nearing an end the Illinois Legislature will soon be asked to contemplate these questions, wondering how to continue practices of the past when gun law based on discrimination was the accepted norm. We saw it following the Civil War, when freed slaves were financially barred from gun ownership by passage of the Army & Navy Law allowing ownership of only the most expensive sidearms. We see it now, in Illinois' melting point based prohibition of the most affordable firearms. And yes, we saw it when the FOID Act was passed. To this day, we see it in a movement to "modernize" this very instrument of discrimination.

There are several bills in play to accomplish this, SB1165 Amendment 1 being most prominent by being the subject of typical anti-gun shenanigans meant to disenfranchise Illinois voters. Regardless of the bill number, a line by line analysis reveals major problems.

Make no mistake, these bills are not about helping us access our Second Amendment rights. Each of them is about making it more expensive to access those rights by offering a choice – suffer a denial of rights through endless delays and excuses, or spend several hundred dollars to submit fingerprints in the hope, not promise, that the process might actually function. Not function well, or function efficiently. Function, period: current and past administrations have not fulfilled their requirements under existing law, what confidence should we have in this administration?

On May 10, 1865, former slave and abolitionist Frederick Douglass delivered his speech, “In What New Skin Will the Old Snake Come Forth”. In it, he said of freed slaves

... while the Legislatures of the South can take from him (the black man) the right to keep and bear arms, as they can ... the work of the Abolitionists is not finished.


He spoke then of post Civil War legislatures that sought to continue the ways of the old South. Yet, to this day, his words ring true of legislatures everywhere that now seek to limit our freedoms – anti gun legislatures and those that encourage them. This is no truer of any than the Illinois legislature and groups that support their anti-rights initiatives, some even claiming an affinity for the Second Amendment. All Second Amendment proponents, legislators, and organizations should oppose this bill.

Please let your state Senators know that you oppose SB1165 and any like it because, in Illinois, you can't access your rights if you can't access the card.

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According to the status, the hearing on this bill was on 24 March in the Executive Committee with a vote of DO PASS. That was when it was a shell bill to do with refrigerators.

 

The amendment is a floor amendment filed 25 March.

 

Got that? Have a committee hearing on a shell bill. Amend it for the real content after slips can be filed. That's a new level of contempt for the governed by the governing.

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The amendment is currently assigned to the Executive Committee. While I have no faith that any committee will squash the amendment, I'm still a noob with understanding all the rules they follow in the ILGA.

 

Won't we have an opportunity to file witness slips for a committee meeting on the amendment?

 

Because it amends the FOID Act, does the amendment have to go to the Judiciary Committee, or is there no particular rule that says "Bill X affects Law Y so it goes through Committee Z"?

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The amendment is currently assigned to the Executive Committee. While I have no faith that any committee will squash the amendment, I'm still a noob with understanding all the rules they follow in the ILGA.

 

Won't we have an opportunity to file witness slips for a committee meeting on the amendment?

 

Because it amends the FOID Act, does the amendment have to go to the Judiciary Committee, or is there no particular rule that says "Bill X affects Law Y so it goes through Committee Z"?

The Illinois Constitution requires every bill be read by title 3 times on 3 different days, on the floor of each chamber.

 

Though many believe this was done for transparency and to give all interested parties a chance to research and offer input, the Senate routinely reads hundreds of shell bills into the record, effectively moving them to a point where they can be voted on. Then, when convenient, they amend language into the bill and can vote on it almost immediately in many cases. This practice eliminates potential opposition from voicing its concerns. It also removes the possibility of informed debate when large amendments are debated within hours of being filed.

 

The amendment on SB1165 was handled this way, keeping us from filing witness slips so far. If it's posted to an Executive Committee hearing we may get a change to slip in. If it passes out of the Senate then we should get a chance in the House regardless of what happens in the Senate, though I can think of at least one way around this that I won't make public.

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The amendment is currently assigned to the Executive Committee. While I have no faith that any committee will squash the amendment, I'm still a noob with understanding all the rules they follow in the ILGA.

 

Won't we have an opportunity to file witness slips for a committee meeting on the amendment?

 

Because it amends the FOID Act, does the amendment have to go to the Judiciary Committee, or is there no particular rule that says "Bill X affects Law Y so it goes through Committee Z"?

The Illinois Constitution requires every bill be read by title 3 times on 3 different days, on the floor of each chamber.

 

Though many believe this was done for transparency and to give all interested parties a chance to research and offer input, the Senate routinely reads hundreds of shell bills into the record, effectively moving them to a point where they can be voted on. Then, when convenient, they amend language into the bill and can vote on it almost immediately in many cases. This practice eliminates potential opposition from voicing its concerns. It also removes the possibility of informed debate when large amendments are debated within hours of being filed.

 

The amendment on SB1165 was handled this way, keeping us from filing witness slips so far. If it's posted to an Executive Committee hearing we may get a change to slip in. If it passes out of the Senate then we should get a chance in the House regardless of what happens in the Senate, though I can think of at least one way around this that I won't make public.

 

 

I understand that basic process and what happened with this bill and amendment. Can the amendment be passed out of committee without any type of hearing, or does that even need to happen? Can the Senate vote on the amendment without any type of Do Pass vote? The Executive Committee does have a hearing scheduled for Wednesday, but SB1165 SFA1 isn't on the list of bills to be discussed.

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I understand that basic process and what happened with this bill and amendment. Can the amendment be passed out of committee without any type of hearing, or does that even need to happen? Can the Senate vote on the amendment without any type of Do Pass vote? The Executive Committee does have a hearing scheduled for Wednesday, but SB1165 SFA1 isn't on the list of bills to be discussed.

The amendment could be heard in committee with very short notice, leaving little time to react.

 

It could also be adopted on the floor of the Senate, in which case we will not be able to address it until it moves to the House.

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Is there a comprehensive list of what this whole thing is?

not easy to put together with only seeing the underlines from page to page...

There's the short description.

...

SB1165 "FOID Modernization Act"

...

Synopsis As Introduced

 

Amends the Abandoned Refrigerator Act. Makes a technical change in a Section concerning the short title.

 

Senate Amendment 1 to SB1165 - Pending

 

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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That summary is as useless as a FOID is for getting a “Real ID”.

So far what I could find is “may” submit prints for FOID, and “shall” permit prints for CC.

 

This one is a beauty as well, at the state police discretion that may issue a FOID if yours expires and you have a valid CCL.

Wonder how often that will occur, at their discretion.

​10200SB1165sam001 - 45 - LRB102 04984 RLC 24399 a

1 State Police Firearm Services Fund.
2 © If the Firearm Owner's Identification Card of a
3 licensee under the Firearm Concealed Carry Act expires during
4 the term of the licensee's concealed carry license, the
5 Firearm Owner's Identification Card and the license remain
6 valid and the licensee does not have to renew his or her
7 Firearm Owner's Identification Card during the duration of the
8 concealed carry license. Unless the Illinois State Police has
9 reason to believe the licensee is no longer eligible for the
10 card, the Illinois State Police may automatically renew the
11 licensee's Firearm Owner's Identification Card and send a
12 renewed Firearm Owner's Identification Card to the licensee.
13 (d) The Illinois State Police may adopt rules concerning
14 the use of voluntarily submitted fingerprints, as allowed by
15 State and federal law.
16 (Source: P.A. 100-906, eff. 1-1-19.)

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In all seriousness,
How do you opt out of the FOID program once you are in it?

If you sold all your firearms and just didn’t renew your FOID or CCL what happens?
OR if you have them only for defense of the home.

 

Do you get the pleasure of meeting an enforcement team at 5AM as they utilize their no knock warrant?
How do you avoid having your door kicked in?

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