101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1490

 

Introduced , by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/9.5

    Amends the Firearm Owners Identification Card Act. Provides that a person who receives a revocation or suspension notice under the Act (currently, only revocation notice) shall, within 48 hours of receiving notice of the revocation or suspension: (1) surrender his or her Firearm Owner's Identification Card to the local law enforcement agency where the person resides; and (2) complete a Firearm Disposition Record on a form prescribed by the Department of State Police and place his or her firearms in the location or with the person reported in the Firearm Disposition Record. 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. Makes conforming changes.


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A BILL FOR

 

HB1490LRB101 06810 SLF 51839 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 9.5 as follows:
 
6    (430 ILCS 65/9.5)
7    Sec. 9.5. Revocation or suspension of Firearm Owner's
8Identification Card.
9    (a) A person who receives a revocation or suspension notice
10under Section 9 of this Act shall, within 48 hours of receiving
11notice of the revocation or suspension:
12        (1) surrender his or her Firearm Owner's
13    Identification Card to the local law enforcement agency
14    where the person resides. The local law enforcement agency
15    shall provide the person a receipt and transmit the Firearm
16    Owner's Identification Card to the Department of State
17    Police; and
18        (2) complete a Firearm Disposition Record on a form
19    prescribed by the Department of State Police and place his
20    or her firearms in the location or with the person reported
21    in the Firearm Disposition Record. The form shall require
22    the person to disclose:
23            (A) the make, model, and serial number of each

 

 

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1        firearm owned by or under the custody and control of
2        the revoked or suspended person;
3            (B) the location where each firearm will be
4        maintained during the prohibited term; and
5            (C) if any firearm will be transferred to the
6        custody of another person, the name, address and
7        Firearm Owner's Identification Card number of the
8        transferee.
9    (a-5) The Firearm Disposition Record shall contain a
10statement to be signed by the transferee that the transferee:
11        (1) is aware of, and will abide by, current law
12    regarding the unlawful transfer of a firearm;
13        (2) is aware of the penalties for violating the law as
14    it pertains to unlawful transfer of a firearm; and
15        (3) intends to retain possession of the firearm or
16    firearms until it is determined that the transferor is
17    legally eligible to possess a firearm and has an active
18    Firearm Owners Identification Card, if applicable, or
19    until a new person is chosen to hold the firearm or
20    firearms.
21    (b) The local law enforcement agency shall provide a copy
22of the Firearm Disposition Record to the person whose Firearm
23Owner's Identification Card has been revoked or suspended, the
24transferee, and to the Department of State Police.
25    (c) If the person whose Firearm Owner's Identification Card
26has been revoked or suspended fails to comply with the

 

 

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1requirements of this Section, the sheriff or law enforcement
2agency where the person resides may petition the circuit court
3to issue a warrant to search for and seize the Firearm Owner's
4Identification Card and firearms in the possession or under the
5custody or control of the person whose Firearm Owner's
6Identification Card has been revoked or suspended.
7    (d) A violation of subsection (a) of this Section is a
8Class A misdemeanor.
9    (e) The observation of a Firearm Owner's Identification
10Card in the possession of a person whose Firearm Owner's
11Identification Card has been revoked or suspended constitutes a
12sufficient basis for the arrest of that person for violation of
13this Section.
14    (f) Within 30 days after the effective date of this
15amendatory Act of the 98th General Assembly, the Department of
16State Police shall provide written notice of the requirements
17of this Section to persons whose Firearm Owner's Identification
18Cards have been revoked, suspended, or expired and who have
19failed to surrender their cards to the Department.
20    (g) A person whose Firearm Owner's Identification Card has
21been revoked or suspended and who received notice under
22subsection (f) shall comply with the requirements of this
23Section within 48 hours of receiving notice.
24(Source: P.A. 98-63, eff. 7-9-13.)