SB2211 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2211

 

Introduced 1/13/2016, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/9.5

    Amends the Firearm Owners Identification Card Act. Provides that if the Department of State Police has not received the Firearm Disposition Record within 5 business days after sending notice of revocation and seizure of an FOID card, the Department must send a second notice to the sheriff and law enforcement agency where the person resides. The second notice shall include the compliance requirements under the Act. Upon receiving the second notice, the sheriff or law enforcement agency shall report to the Department the status and efforts pursued regarding compliance under the Act. If the person whose FOID card has been revoked fails to comply with the requirements of the Act, the sheriff or law enforcement agency where the person resides shall (rather than may) petition the court for a warrant to search for and seize the person's FOID card and firearms. Provides that within 30 days after the effective date of the amendatory Act, and by January 31 of each year thereafter, the Department of State Police shall provide written notice of the requirements of this provision to every sheriff and law enforcement agency within the State. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2211LRB099 15826 RLC 40135 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 10. 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 of Firearm Owner's Identification
8Card.
9    (a) A person who receives a revocation notice under Section
109 of this Act shall, within 48 hours of receiving notice of the
11revocation:
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 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    (b) The local law enforcement agency shall provide a copy
10of the Firearm Disposition Record to the person whose Firearm
11Owner's Identification Card has been revoked and to the
12Department of State Police.
13    (c) If the person whose Firearm Owner's Identification Card
14has been revoked fails to comply with the requirements of this
15Section, the sheriff or law enforcement agency where the person
16resides shall may petition the circuit court to issue a warrant
17to search for and seize the Firearm Owner's Identification Card
18and firearms in the possession or under the custody or control
19of the person whose Firearm Owner's Identification Card has
20been revoked.
21    (c-5) If the Department of State Police has not received
22the Firearm Disposition Record within 5 business days after
23sending notice under Section 9 of this Act, the Department must
24send a second notice to the sheriff and law enforcement agency
25where the person resides. The second notice shall include the
26requirements under this Section. Upon receiving the second

 

 

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1notice, the sheriff or law enforcement agency shall report to
2the Department of State Police the status and efforts pursued
3regarding compliance under this Section, in a form prescribed
4by the Department.
5    (d) A violation of subsection (a) of this Section is a
6Class A misdemeanor.
7    (e) The observation of a Firearm Owner's Identification
8Card in the possession of a person whose Firearm Owner's
9Identification Card has been revoked constitutes a sufficient
10basis for the arrest of that person for violation of this
11Section.
12    (f) Within 30 days after the effective date of this
13amendatory Act of the 98th General Assembly, the Department of
14State Police shall provide written notice of the requirements
15of this Section to persons whose Firearm Owner's Identification
16Cards have been revoked, suspended, or expired and who have
17failed to surrender their cards to the Department. Within 30
18days after the effective date of this amendatory Act of the
1999th General Assembly, and by January 31 of each year
20thereafter, the Department of State Police shall provide
21written notice of the requirements of this Section to every
22sheriff and law enforcement agency within this State.
23    (g) A person whose Firearm Owner's Identification Card has
24been revoked and who received notice under subsection (f) shall
25comply with the requirements of this Section within 48 hours of
26receiving notice.

 

 

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1(Source: P.A. 98-63, eff. 7-9-13.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.