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102nd General Assembly Bills


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HB2858 FOID - Age - Parental Consent

 

Synopsis As Introduced

Amends the Firearm Owners Identification Card Act. Lowers the age at which a person may apply for a Firearm Owner's Identification Card from 21 to 18 and provides that a person who is under that age may apply for a Firearm Owner's Identification Card without parental consent required if he or she is an active duty member of the United States Armed Forces. Amends the Firearm Concealed Carry Act. Provides that the Department of State Police shall issue a concealed carry license to an applicant who is at least 18 (currently, 21) years of age or is an active duty member of the United States Armed Forces.

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This is a surprising bill. It isn't something we'll likely get involved in but it's interesting none the less.

 

 

HB2757 Bank Grocery Gas Armed Guard

 

Synopsis As Introduced

Creates the Armed Security Protection Act. Provides that for a period of 3 years beginning July 1, 2022, banks, pawn shops, grocery stores, and gas stations in municipalities having a population in excess of 2,000,000 inhabitants must employ and have on the premises at least one guard during the hours they conduct business with the public.

 

I wonder how many family members Rep. Jones has in the security guard business??

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HB2882 Concealed Carry - Repeal

Synopsis As Introduced
Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful use of a weapon statutes do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.



HB2883 Concealed Cary - College

Synopsis As Introduced
Amends the Firearm Concealed Carry Act. Deletes provision that prohibits a licensee from knowingly carrying a firearm into any building, classroom, laboratory, medical clinic, hospital, artistic venue, athletic venue, entertainment venue, officially recognized university-related organization property, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas under the control of a public or private community college, college, or university.



HB2885 Concealed Carry - PCS - PCA

Synopsis As Introduced
Amends the Firearm Concealed Carry Act. Provides that notwithstanding whether the laws of the state or territory where the non-resident resides related to firearm ownership, possession, and carrying are substantially similar to the requirements to obtain a license under the Act, the Illinois State Police shall allow for a non-resident license application if the applicant is employed by the United States Military permanently assigned in Illinois on Permanent Change of Station (PCS) or Permanent Change of Assignment (PCA) orders and who is not a resident of this State but maintains an address in this State. Provides that non-resident applicant who qualifies must meet all of the qualifications established in the Act and shall submit certain documentation. Provides that a non-resident applicant for a new license or renewal shall submit $150 with the application, of which $120 shall be apportioned to the State Police Firearm Services Fund, $20 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.



HB2886 Firearm Dealer Lic Cert - Repeal

Synopsis As Introduced
Repeals the Firearm Dealer License Certification Act. Amends the State Finance Act. Repeals the Firearm Dealer License Certification Fund.






HJRCA18 Con Amend - Right To Bear Arms

Synopsis As Introduced
Amends the Bill of Rights Article of the Illinois Constitution. Provides that the right of the individual citizen to keep and carry firearms (currently, bear arms) shall not be infringed. Effective upon being declared adopted.

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Unless HJRCA18 also gets rid of "Subject only to the police power," will it have any teeth?

No, I don't believe it will.

 

 

 

 

HB2920 Firearm Dealer - Applicability

 

Synopsis As Introduced

Amends the Firearm Dealer License Certification Act. Provides that the provisions of the Act concerning the certification of the license of a federal firearms licensee only apply to a federal firearms licensee who has been found by the federal or State government to have 3 or more firearms used in the commission of criminal offenses sold or transferred by the licensee within the 5 years prior to his or her application for certification of his or her license.

 

 

 

HB2936 FOID & Concealed Carry - Expire

 

Synopsis As Introduced

Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that the Illinois State Police, by rule, shall provide that if a person has been issued a concealed carry license under the Firearm Concealed Carry Act, his or her Firearm Owner's Identification Card and concealed carry license shall expire at the same time. Provides that the Illinois State Police shall adjust the expiration of each person who has been issued both a Firearm Owner's Identification Card and concealed carry license so each expires on the same date. Provides that a person who has been issued a Firearm Owner's Identification Card and whose concealed carry license has been renewed by the Illinois State Police shall receive an automatic renewal of his or her Firearm Owner's Identification Card.

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Unless HJRCA18 also gets rid of "Subject only to the police power," will it have any teeth?

The US Constitution provides broader protection on its face than the State Constitution, meaning the additional language of the State Constitution is meaningless and essential outdated and unenforceable window dressing. That wasnt necessarily the case when it was originally written, but it has been since the 2nd Amendment decisions a decade or so ago. What would be effective is to craft the State Constitution language to expressly provide more rights than the Federal. But that would never pass with the current makeup of the legislature. In other words, this effectively will do nothing, because it has no shot of passing.

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Unless HJRCA18 also gets rid of "Subject only to the police power," will it have any teeth?

The US Constitution provides broader protection on its face than the State Constitution, meaning the additional language of the State Constitution is meaningless and essential outdated and unenforceable window dressing. ...

 

Based on the Slaughter-house Cases (1872), the US Constitution only protects rights from infringement by the Federal government, not state or local governments. States could "selectively incorporate" portions of those protected rights into their state constitutions. (They can also protect rights that are not protected by the US Constitution, although none have.) Since 1872, the US Supreme Court has been rolling back the decision of the Slaughter-house Cases one Amendment at a time. Supposedly Heller and McDonald addressed selective incorporation for the 2A, but some states and lower courts still resist.

 

Additionally, the IL State Supreme Court judges constitutionality relative the the state constitution.

 

So the state constitution is not irrelevant.

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HB2989 Crim Cd & Corr - Firearm Sentence

Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that various added sentences of imprisonment for committing offenses while armed with a firearm or by personally discharging a firearm are discretionary and constitute the maximum sentences that may be imposed by the court.


HB3006 FIOD & CCL - One Card

Synopsis As Introduced
Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that if a person is eligible for both a Firearm Owner's Identification Card and a concealed carry license, the Illinois State Police shall create one card that may be used as both a Firearm Owner's Identification Card and a concealed carry license. A combined Firearm Owner's Identification Card and concealed carry license shall be considered a valid card for the purposes of the Acts. Provides that the Illinois State Police shall adopt rules to implement this provision.



HB3039 State Police - FOID Revocation

Synopsis As Introduced
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 State's Attorneys and the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Creates the Firearm Recovery Task Force led by the Illinois State Police to seize and recover the Firearm Owner's Identification Cards of revoked persons and to enforce the revocation and suspension of Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall include in the report the reason the person's Firearm Owner's Identification Card was revoked or suspended. Amends the Code of Criminal Procedure of 1963. Provides that the defendant shall physically surrender each firearm in his or her possession to a law enforcement agency designated by the court to take custody of and impound the firearm and physically surrender his or her Firearm Owner's Identification Card to the law enforcement agency as a condition of remaining on bond pending sentencing when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of the Deadly Weapons Article of the Criminal Code of 1961 or the Criminal Code of 2012. Amends the Freedom of Information Act and the Unified Code of Corrections to make conforming changes. Effective immediately.



HB3044 Concealed Carry License Fees

Synopsis As Introduced
Amends the Firearms Concealed Carry Act. Provides that for a new or renewal concealed carry license, the fee shall be $75 (rather than $150), of which $60 (rather than $120) shall be apportioned to the State Police Firearm Services Fund, $5 (rather than $20) shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund. Provides that a non-resident applicant for a new license or renewal shall submit $150 (rather than $300) and a licensee requesting a new license shall submit $10 (rather than $75). Effective immediately.



HB3057 $Violence Prevention Grants

Synopsis As Introduced
Provides that specified amounts are appropriated from the General Revenue Fund to specified units of local government for non-competitively awarded grants to community-based organizations that address violence prevention using a culturally competent approach and that are capable of decreasing violence in the specified r epresentative d istricts. Provides for the types of prevention, services, and programs the grants shall support. Effective July 1, 2021.



HB3072 $ICJIA - Violence Prevention

Synopsis As Introduced
Appropriates $500,000 from the General Revenue Fund to the Illinois Criminal Justice Information Authority to create a grant program for community groups and organizations working with youth and young adults for violence prevention activities. Effective July 1, 2021 .


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HB3088 Crim Cd - Handgun Ammo - Serialize

 

Synopsis As Introduced

Amends the Criminal Code of 2012. Provides that beginning January 1, 2022, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2022, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2022, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2022, the Illinois State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Illinois State Police in a manner prescribed by the Illinois State Police. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers and authorized employees of the Illinois State Police or to the person listed in the registry as the owner of the particular handgun ammunition. Provides that the Illinois State Police shall adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of these provisions. Effective January 1, 2022, except some provisions effective immediately.

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HB3143 Use/Occ Tax - Firearms

 

Synopsis As Introduced

Amends the Use Tax Act, Service Use Tax Act, Service Occupation Tax Act, and Retailers' Occupation Tax Act. Imposes a 3.75% surcharge on firearms and firearm component parts. Amends the State Finance Act. Creates the Youthbuild Assistance Fund. Provides that the 3.75% surcharge shall be deposited into the Fund. Sets forth the purposes for which moneys in the Fund may be used. Effective immediately.

 

 

 

HB3144 Lost & Stolen Firearms - Penalty

 

Synopsis As Introduced

Amends the Criminal Code of 2012. Provides that the provision of the Code that makes it an offense for a person who possesses or acquires a firearm and thereafter loses the firearm, or if the firearm is stolen from the person, to fail to report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft is a Class 4 felony for a third offense (rather than a Class A misdemeanor) and a Class 3 felony for a fourth or subsequent offense. Effective immediately.

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Unless HJRCA18 also gets rid of "Subject only to the police power," will it have any teeth?

The US Constitution provides broader protection on its face than the State Constitution, meaning the additional language of the State Constitution is meaningless and essential outdated and unenforceable window dressing. ...
Based on the Slaughter-house Cases (1872), the US Constitution only protects rights from infringement by the Federal government, not state or local governments. States could "selectively incorporate" portions of those protected rights into their state constitutions. (They can also protect rights that are not protected by the US Constitution, although none have.) Since 1872, the US Supreme Court has been rolling back the decision of the Slaughter-house Cases one Amendment at a time. Supposedly Heller and McDonald addressed selective incorporation for the 2A, but some states and lower courts still resist.Additionally, the IL State Supreme Court judges constitutionality relative the the state constitution.So the state constitution is not irrelevant.

Which is why I followed up that one sentence you quoted with “That wasn’t necessarily the case when it was originally written, but it has been since the 2nd Amendment decisions a decade ago”. Lower Courts make wrong decisions all the time, but it’s pretty clear that the USSC had incorporated the 2A.

 

The ILSC has also read the State Amendment in lockstep with the Federal interpretation of the 2A. So, yes, the extra language in the State constitution is in generally irrelevant now. But it makes for nice sound bites to rile up the masses. Guess we will have to agree to disagree.

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HB3088 Crim Cd - Handgun Ammo - SerializeSynopsis As IntroducedAmends the Criminal Code of 2012. Provides that beginning January 1, 2022, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2022, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2022, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2022, the Illinois State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Illinois State Police in a manner prescribed by the Illinois State Police. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers and authorized employees of the Illinois State Police or to the person listed in the registry as the owner of the particular handgun ammunition. Provides that the Illinois State Police shall adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of these provisions. Effective January 1, 2022, except some provisions effective immediately.

The idiocy of some legislators continues to amaze me at times. Not just introducing stuff like this, but doing to so every two years, even after being shown how stupid their legislation is.

 

HB 3039, however, I would keep an eye on. Language like that, which adds more responsibilities onto an agency, is going to inevitably invite further discussion of fee increases. And this bill was filed by a suburban Republican.

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HB3088 Crim Cd - Handgun Ammo - SerializeSynopsis As IntroducedAmends the Criminal Code of 2012. Provides that beginning January 1, 2022, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2022, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2022, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2022, the Illinois State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Illinois State Police in a manner prescribed by the Illinois State Police. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers and authorized employees of the Illinois State Police or to the person listed in the registry as the owner of the particular handgun ammunition. Provides that the Illinois State Police shall adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of these provisions. Effective January 1, 2022, except some provisions effective immediately.

The idiocy of some legislators continues to amaze me at times. Not just introducing stuff like this, but doing to so every two years, even after being shown how stupid their legislation is.

 

HB 3039, however, I would keep an eye on. Language like that, which adds more responsibilities onto an agency, is going to inevitably invite further discussion of fee increases. And this bill was filed by a suburban Republican.

 

Harmon introduced his dealer licensing bill every session, tried to push it through year after year. For 15 years?

 

Then a farging APPOINTED Republican State Senator by the name of Tom Rooney voted for it and suddenly it was past the hurdle and running. ( A GREAT Republican Senator, Murphy, resigned, opening the door for that unspeakable appointment)

 

Rooney paid the price politically, and we the citizens of Illinoid will continue to pay the price until we overturn that abomination.

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Quite a few guns bills have been filed today, including Representative Willis' omnibus approach to eliminating our rights in HB3245 Firearm Owners ID - Omnibus.

More will potentially follow.

 

HB3212 Crim Cd - Devices - Rate Of Fire

Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful use of weapons when he or she knowingly possesses, sells or offers to sell, purchases, manufactures, imports, transfers, or uses: (1) any manual, power-driven, or electronic device that is designed to and functions to increase the rate of fire of a semiautomatic firearm when the device is attached to the firearm; (2) any part of a semiautomatic firearm or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm by eliminating the need for the operator of the firearm to make a separate movement for each individual function of the trigger; or (3) any other device, part, or combination of parts that is designed to and functions to substantially increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. This offense is a Class 2 felony. Provides for exemptions.



HB3222 Crim Cd - Assault Weapon Registry

Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that any person who, prior to the effective date of the amendatory Act, lawfully possessed an assault weapon shall register the assault weapon with the Illinois State Police within 90 days after the effective date of the amendatory Act and any person who acquired an assault weapon on or after the effective date of the amendatory Act shall register the assault weapon with the Illinois State Police within 90 days after he or she purchased or was given the weapon. Provides that the registration shall contain a description of the assault weapon that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the Director of the Illinois State Police deems appropriate. Provides that the Illinois State Police may charge a fee for registration not to exceed the reasonable processing costs of the Illinois State Police. Provides that the fees shall be deposited into the State Police Firearm Services Fund. Provides that a violation of these provisions is a Class A misdemeanor. Defines various terms.



HB3245 Firearm Owners ID - Omnibus

Synopsis As Introduced
Amends the Firearm Owners Identification Card Act. Modifies definition of "clear and present danger". 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 any transfer of a surrendered firearm must be conducted under the firearm transfer provisions of the Firearm Owners Identification Card Act. 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. Amends various other Acts to make conforming changes. Effective immediately.



HB3298 Crim Cd - Firearm Transport

Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that a person who has been issued a currently valid Firearm Owner's Identification Card may transport in a vehicle an accessible rifle, shotgun, or other long gun without the weapon being broken down in a non-functioning state or without the weapon being enclosed in a case, firearm carrying box, shipping box, or other container if the firearm is unloaded.




HB3302 Wildlife - Firearm Exempt

Synopsis As Introduced
Amends the Wildlife Code. Provides that any individual authorized by law to possess a concealed firearm shall be exempt from the provisions of the Code prohibiting possession of those firearms during bow and arrow season.




HB3316 Concealed Carry - Reciprocity

Synopsis As Introduced
Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall by rule allow for non-resident license applications from any state or territory of the United States that requires firearm training and a background check of an applicant for a license to carry concealed firearms (currently, the other state or territory must have laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act). Effective immediately.



HB3318 Firearm Owners ID - 18 Yrs

Synopsis As Introduced
Amends the Firearm Owners Identification Card Act. Provides that if an applicant for a Firearm Owner's Identification Card: (1) is 18 years of age or older but under 21 years of age, (2) is not an active duty member of the United States Armed Forces, and (3) does not have a parent or legal guardian to give written consent to his or her application, he or she must provide 2 signed, dated, and notarized personal references regarding his or her suitability to possess firearms and a signed, dated, and notarized statement detailing the reasons he or she does not have a parent or legal guardian. Provides that, if applicable, the applicant must provide death certificates or any applicable court orders regarding his or her circumstances resulting in his or her lack of a parent or legal guardian.



HB3350 Firearm Owners ID Act - Repeal

Synopsis As Introduced
Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.



HB3352 Firearm Owners ID - 18 Years

Synopsis As Introduced
Amends the Firearm Owners Identification Card Act. Lowers the age in which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029.



HB3353 Firearms - Judicial & Prosecutors

Synopsis As Introduced
Amends the Firearm Concealed Carry Act. Permits certain judicial officers, the Attorney General, assistant Attorneys General, State's Attorneys and assistant State's Attorneys, some with specified written consent, to carry a concealed firearm in any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, any building designated for matters before a circuit court, appellate court, or the Supreme Court, or any building or portion of a building under the control of the Supreme Court and any building or portion of a building under the control of a unit of local government.



HB3354 Firearms - Non Resident Military

Synopsis As Introduced
Amends the Firearm Concealed Carry Act. Provides that notwithstanding whether the laws of the state or territory where the non-resident resides related to firearm ownership, possession, and carrying are substantially similar to the requirements to obtain a license under the Act, the Illinois State Police shall, no later than 120 days after the effective date of the amendatory Act, allow for a non-resident license application if the applicant is an active duty member of the Armed Forces of the United States who is stationed in the State and lives in the State. Provides that a non-resident active duty member of the Armed Forces of the United States who is stationed in the State and lives in the State shall apply to the Illinois State Police and must meet all of the qualifications under the Act and shall submit: (1) the application and documentation required and the applicable fee; (2) a photocopy of a valid military identification card or Official Proof of Service Letter; and (3) a photocopy of permanent change-of-station orders to an assignment in the State. Provides for emergency rulemaking to implement the amendatory Act. Establishes fees. Makes conforming changes to the Illinois Administrative Procedure Act. Effective immediately.



HB3364 Firearm Owners ID Act - Repeal

Synopsis As Introduced
Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.



HB3382 Unlwaful Weapon Use

Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that a person commits a petty offense if he or she is convicted of a violation for unlawful use of a weapon that would not be an offense if the person possessed a valid Firearm Owner's Identification Card.



HB3395 Firearm Conviction Bail

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that a person who has 2 or more convictions for firearm offenses shall be denied bail when appearing in front of judge for a bail hearing on a felony offense.


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Unless HJRCA18 also gets rid of "Subject only to the police power," will it have any teeth?
The US Constitution provides broader protection on its face than the State Constitution, meaning the additional language of the State Constitution is meaningless and essential outdated and unenforceable window dressing. ...
Based on the Slaughter-house Cases (1872), the US Constitution only protects rights from infringement by the Federal government, not state or local governments. States could "selectively incorporate" portions of those protected rights into their state constitutions. (They can also protect rights that are not protected by the US Constitution, although none have.) Since 1872, the US Supreme Court has been rolling back the decision of the Slaughter-house Cases one Amendment at a time. Supposedly Heller and McDonald addressed selective incorporation for the 2A, but some states and lower courts still resist.Additionally, the IL State Supreme Court judges constitutionality relative the the state constitution.So the state constitution is not irrelevant.
l

 

Which is why I followed up that one sentence you quoted with That wasnt necessarily the case when it was originally written, but it has been since the 2nd Amendment decisions a decade ago. Lower Courts make wrong decisions all the time, but its pretty clear that the USSC had incorporated the 2A.

The ILSC has also read the State Amendment in lockstep with the Federal interpretation of the 2A. So, yes, the extra language in the State constitution is in generally irrelevant now. But it makes for nice sound bites to rile up the masses. Guess we will have to agree to disagree.

 

Actually I should rephrase that last part. What I meant was that, given the incorporation by the USSC in Heller, the ILSC would almost certainly read the State Constitution in lockstep with the 2A. The alternative would be to not interpret it that way, which could only result in decisions that granted more rights than an incorporated 2A. The ILSC, at least in its current and long foreseeable future, will not do that.

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HB3406 Concealed Carry - Ck County Forest

 

Synopsis As Introduced

Amends the Firearm Concealed Carry Act. Eliminates provision that a licensee under the Act shall not knowingly carry a firearm on any real property under the control of the Cook County Forest Preserve District. Effective immediately.

 

 

 

HB3423 FOID - Firearm Purchase Database

 

Synopsis As Introduced

Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall create and maintain a database that a person can voluntarily apply to in order to be barred from purchasing a firearm. Provides that the application shall be notarized and submitted to the Illinois State Police in a form and manner prescribed by the Illinois State Police. Provides that the form shall not require the applicant to provide the Illinois State Police with a reason for the application. Provides that a person shall remain on the database until he or she submits a notarized withdrawal application. Provides that the withdrawal application shall automatically be approved and become effective 7 days after receipt by the Illinois State Police. Provides that the Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance a person who voluntarily registers on the Illinois State Police's voluntary do not sell to database. Provides that under no circumstances shall an application under this provision or any information contained in the application be used: (1) to deny an application for a Firearm Owner's Identification Card or a license to carry a concealed firearm; (2) to confiscate any firearms which the applicant may possess; (3) to require the applicant to relinquish any firearms which the applicant may possess; or (4) for any other purpose other than the administration of this provision.

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HB3483 Firearms Restraining Order

 

Synopsis As Introduced

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health, subject to appropriation or other available funding, shall conduct a program to promote awareness of firearms restraining orders to the general public. Provides that beginning July 1, 2022, the program must include the development and dissemination, through print, digital, and broadcast media, of public service announcements that publicize the options victims of domestic violence have to seek help with special emphasis on the firearms restraining order. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall develop and approve a standard curriculum for a training program on the Firearms Restraining Order Act. Provides that the Board shall conduct a training program that trains officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in a domestic violence situation. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance. Amends the Firearms Restraining Order Act. Provides that a firearms restraining order includes the seizure of the respondent's ammunition. Provides that "family member of the respondent" includes a former spouse and a person with whom the respondent has or allegedly has a child in common. Provides that a petition for a firearms restraining order may be filed in any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm or ammunition. Includes printing a petition for a firearms restraining order for which no fees may be charged by the circuit clerk. Provides that the Illinois State Police shall submit a yearly report to the General Assembly concerning the applications and issuance of firearms restraining orders.

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HB3562 Crim Cd - Firearm Penalties

 

Synopsis As Introduced

Amends the Criminal Code of 2012. Increases penalties by one class for unlawful use of weapons when a person knowingly: (1) carries or possesses in any vehicle or concealed on or about his or her person except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm; or (2) carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a municipality except when an invitee in or on the public street, alley, or other public lands, for the purpose of the display of the weapon or the lawful commerce in weapons, or except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm. Provides that a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where certain factors exist is a Class 3 felony (rather than a Class 4 felony), for which the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than 5 years. Increases the penalty by one class for unlawful possession of firearms. Makes other changes.

 

 

 

HB3589 Firearm Enhancement

 

Synopsis As Introduced

Amends the Unified Code of Corrections. Provides that specified firearm sentencing enhancements are discretionary.

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HB3661 Firearm Owners ID - Revoke

 

Synopsis As Introduced

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall revoke for one year the Firearm Owner's Identification Card of a card holder who reports to the local law enforcement agency his or her firearms lost or stolen in 3 separate incidents within a 2-year period. Provides that any law enforcement agency that has knowledge that a card holder has reported his or her firearms lost or stolen in 3 separate incidents within a 2-year period shall forthwith forward that information to the Department of State Police. Provides that an "incident" means an occasion in which the card holder's firearm or firearms have been lost or stolen regardless of the number of firearms stolen in the incident and the report of the loss or theft of the firearm or firearms on one occasion shall be considered one incident. Provides that if a law enforcement agency recovers a firearm that had been lost or stolen and has not been previously reported as lost or stolen, the recovery of the firearm shall be considered an incident for the purpose of this provision. Amends the Criminal Code of 2012. Provides that the sentence for attempt to acquire a firearm by use of a revoked Firearm Owner's Identification Card is a Class 4 felony.

 

 

 

HB3670 FOID - Mental Health - Corrections

 

Synopsis As Introduced

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a correctional officer if the correctional officer's Firearm Owner's Identification Card is revoked or seized because the correctional officer has been a patient of a mental health facility and the correctional officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Nothing is this Section shall otherwise impair the Department's ability to determine a correctional officer's fitness for duty. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the Department shall document if and why a correctional officer has been determined to pose a clear and present danger. Defines "mental health facility" and "qualified examiner".

 

 

 

HB3679 FOID & Concealed Cerry - Renewal

 

Synopsis As Introduced

Amends the Firearm Owners Identification Card Act. Provides that a renewal application for a Firearm Owner's Identification Card shall be approved or denied by the Illinois State Police within 90 calendar days (instead of 60 business days). Provides that the Director of the Illinois State Police must act on an appeal of a failure of the Illinois State Police to act on an application for a Firearm Owner's Identification Card or a denial, revocation, or seizure of the Card within 90 calendar days after receipt of the appeal. Provides that if the Director fails to act within that 90-day period, the application for the Firearm Owner's Identification Card shall be granted or the revoked Card shall be reinstated or a seized Card returned to the person whose Card has been seized. Amends the Firearm Concealed Carry Act. Provides that a renewal application for a concealed carry license shall be approved or denied by the Illinois State Police within 90 calendar days. Provides that the Director of the Illinois State Police must act on an appeal of a failure of the Illinois State Police to act on an application for a concealed carry license or a denial, revocation, or suspension of the concealed carry license within 90 calendar days after receipt of the appeal. If the Director fails to act within that 90-day period, the application for the concealed carry license shall be granted or the revoked or suspended concealed carry license shall be reinstated.

 

 

 

HB3685 Conceal Carry Act - Military ID

 

Synopsis As Introduced

Amends the Firearm Concealed Carry Act. Provides that an application for a concealed carry license shall contain the applicant's valid driver's license number, valid state identification card number, or valid United States Military identification card number.

 

 

 

HB3686 Crim Cd - Confiscated Weapons

 

Synopsis As Introduced

Amends the Criminal Code of 2012. Provides that after the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for the weapon, a weapon transferred to a law enforcement agency may be sold by the law enforcement agency at public auction under the Law Enforcement Disposition of Property Act. Amends the Domestic Violence: Order of Protection Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that upon expiration of the period of safekeeping of a firearm of a respondent against whom an order of protection was issued, if the firearms or Firearm Owner's Identification Card cannot be returned to respondent because the respondent cannot be located, fails to respond to requests to retrieve the firearms, or is not lawfully eligible to possess a firearm, upon petition from the local law enforcement agency, the court may order the local law enforcement agency to sell the firearm at public auction under the provisions of the Law Enforcement Disposition of Property Act. Amends the Law Enforcement Disposition of Property Act. Provides that weapons that have been confiscated as a result of having been abandoned or illegally possessed may be sold at public auction under the Act.

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HB3761 FOID & Concealed Carry - Lifetime

 

Synopsis As Introduced

Amends the Firearm Owners Identification Card Act. Provides that the duration of a Firearm Owner's Identification Card shall be the lifetime of the holder of the Card (rather than 10 years). Amends the Firearm Concealed Carry Act. Provides that the duration of a concealed carry license is the lifetime of the licensee (rather than 5 years). Provides that a Firearm Owner's Identification Card or concealed carry license issued before the effective date of the amendatory Act shall be valid during the Card holder's or licensee's lifetime regardless of the expiration date on the Card or license.

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HB3779 Crim Cd - Firearms - Microstamping

 

Synopsis As Introduced

Amends the Criminal Code of 2012. Provides that it is a Class 3 felony for a person to knowingly sell, manufacture, purchase, possess, or carry any firearm manufactured on or after January 1, 2022 that is not microstamp-ready, or any firearm manufactured on or after that date if the person knows that a microstamping mechanism has been unlawfully removed from that firearm. Provides that any person who knowingly or intentionally changes, alters, removes or obliterates the importer's or manufacturer's microstamping mechanism is guilty of a Class 2 felony.

 

 

 

HB3788 Ballistics Information Act

 

Synopsis As Introduced

Creates the Ballistics Information Act. Provides that, whenever a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing is related to or associated with the commission of a crime or the unlawful discharge of a firearm, the law enforcement agency shall, within a 24-hour period, submit the ballistics information to the National Integrated Ballistics Identification Network. Provides that, whenever a law enforcement agency seizes or recovers a semiautomatic firearm that is deemed suitable to be entered into the National Integrated Ballistics Identification Network system that was: unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, is reasonably believed to have been used or associated with the commission of a crime, or is acquired by the law enforcement agency as an abandoned or discarded firearm, the law enforcement agency shall arrange for every such firearm to be test fired within 24 hours and the results of that test firing to be submitted to the National Integrated Ballistics Identification Network to determine whether the firearm is associated with or related to a crime, criminal event, or any individual associated with or related to a crime or criminal event or reasonably believed to be associated with or related to a crime or criminal event.

 

 

 

HB3789 Crim Cd - Handgun Registration

 

Synopsis As Introduced

Amends the Criminal Code of 2012. Provides that an owner of a handgun possessed before the effective date of the amendatory Act must make an application to register the handgun with the Director of the Illinois State Police, in the manner provided by the Director. Provides that registration information shall include the registrant's name, date of birth, gender, race, residential address, social security number, and a description of each handgun being registered. provides that a registration of any handgun shall be transferable if the seller notifies the Illinois State Police within 72 hours of the transfer and the buyer provides the Illinois State Police with information sufficient to constitute a registration under this provision. Provides that the registration shall not be valid if the registrant is prohibited or becomes prohibited from possessing a firearm under State or federal law. Provides that the Director shall determine whether the registrant is prohibited from possessing a firearm under State or federal law. Provides that the check shall be limited to determining whether the factors listed in the federal Gun Control Act of 1968 apply or whether a registrant has been convicted of a forcible felony, so as to prohibit the registrant from possessing a firearm, and whether notification to the Illinois State Police has been made under the Firearm Owners Identification Card Act. Provides that all registrants shall recertify to the Illinois State Police every 5 years thereafter. Provides that failure to recertify shall result in a revocation of the registration. Provides that a violation is a Class A misdemeanor.

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HB3811 State Police - Fund Transfer

 

Synopsis As Introduced

Amends the Department of State Police Law, the State Finance Act, the State Property Control Act, the Firearm Dealer License Certification Act, the Illinois Vehicle Code, the Criminal and Traffic Assessment Act, and the Unified Code of Corrections. Provides for the transfer of the remaining balance from various specified Funds into other specified Funds. Dissolves the transferring Funds. Provides that any future deposits due to and any outstanding obligations or liabilities of the transferring Funds shall pass to the receiving Funds. Makes conforming and other changes. Effective immediately.

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Ammunition serialization - the manufacturer imprints a serial number unique to each bullet on each bullet

"Microstamping" - the firearm imprints a serial number unique to each firearm on each expended shell

 

Considering that these bills specify that it's illegal to own or transfer firearms and ammunition that does not comply with the law and that no technology exists to comply with the law, doesn't that mean that it will be illegal to own any firearm or ammunition?

 

I realize that some legislators would be okay with effectively banning all firearms and ammunition, but (for those who may think these requirements are reasonable) do they also think that specifying January 2022 as the effective date will make the technology magically appear and be universally implemented because they command it?

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Classic, tone deaf legislation re-filing the same Fix The FOID language as before. And it being in an Omnibus bill tells me thats the bill they intend to run. ISP cant handle 10 year renewals right now, so lets double their load by making people renew every 5 years. Is this the ISPs idea of making the outdated and inefficient renewal process more efficient? Oh, and jack up costs and fees on the applicant. What a joke.
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The handgun registration bill says I only need to register handguns designed to be held and fired with a single hand. I use two hands when shooting all of my handguns, so I guess that means I wont need to register mine. Thats a relief.

(Yes I know thats how its typically defined, but its a ridiculous definition. Although not as ridiculous as the entire concept of that whole bill)

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