Sen. Julie A. Morrison

Filed: 3/7/2019





10100SB0099sam002LRB101 07322 SLF 56971 a


2    AMENDMENT NO. ______. Amend Senate Bill 99 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 9.5 and by adding Section 8.4 as
7    (430 ILCS 65/8.4 new)
8    Sec. 8.4. Cancellation of Firearm Owner's Identification
9Card. The Department of State Police may cancel a Firearm
10Owner's Identification Card if a person is not prohibited by
11State or federal law from acquiring or possessing a firearm or
12firearm ammunition and the sole purpose is for an
13administrative reason. This includes, but is not limited to, at
14the request of the Firearm Owner's Identification Card holder,
15a person who surrenders his or her Illinois driver's license or
16State identification card to another jurisdiction, death, or a



10100SB0099sam002- 2 -LRB101 07322 SLF 56971 a

1person's Firearm Owner's Identification Card is reported as
2lost, stolen, or destroyed. The Department may adopt rules
3necessary to implement this Section.
4    (430 ILCS 65/9.5)
5    Sec. 9.5. Revocation or suspension of Firearm Owner's
6Identification Card.
7    (a) A person who receives a revocation or suspension notice
8under Section 9 of this Act shall, within 48 hours of receiving
9notice of the revocation or suspension:
10        (1) surrender his or her Firearm Owner's
11    Identification Card to the local law enforcement agency
12    where the person resides. The local law enforcement agency
13    shall provide the person a receipt and transmit the Firearm
14    Owner's Identification Card to the Department of State
15    Police; and
16        (2) complete a Firearm Disposition Record on a form
17    prescribed by the Department of State Police and place his
18    or her firearms in the location or with the person reported
19    in the Firearm Disposition Record. The form shall require
20    the person to disclose:
21            (A) the make, model, and serial number of each
22        firearm owned by or under the custody and control of
23        the revoked or suspended person;
24            (B) the location where each firearm will be
25        maintained during the prohibited term; and



10100SB0099sam002- 3 -LRB101 07322 SLF 56971 a

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



10100SB0099sam002- 4 -LRB101 07322 SLF 56971 a

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