Bill Text: IL SB0099 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB0099 Detail]
Download: Illinois-2019-SB0099-Introduced.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||
5 | amended by changing Section 9.5 as follows:
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6 | (430 ILCS 65/9.5) | |||||||||||||||||||
7 | Sec. 9.5. Revocation or suspension of Firearm Owner's | |||||||||||||||||||
8 | Identification
Card. | |||||||||||||||||||
9 | (a) A person who receives a revocation or suspension notice | |||||||||||||||||||
10 | under Section 9 of this Act shall, within 48 hours of receiving | |||||||||||||||||||
11 | notice 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 | ||||||
10 | statement 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 | ||||||
22 | of the Firearm Disposition Record to the person whose Firearm | ||||||
23 | Owner's Identification Card has been revoked or suspended, the | ||||||
24 | transferee, and to the Department of State Police. | ||||||
25 | (c) If the person whose Firearm Owner's Identification Card | ||||||
26 | has been revoked or suspended fails to comply with the |
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1 | requirements of this Section, the sheriff or law enforcement | ||||||
2 | agency where the person resides may petition the circuit court | ||||||
3 | to issue a warrant to search for and seize the Firearm Owner's | ||||||
4 | Identification Card and firearms in the possession or under the | ||||||
5 | custody or control of the person whose Firearm Owner's | ||||||
6 | Identification Card has been revoked or suspended . | ||||||
7 | (d) A violation of subsection (a) of this Section is a | ||||||
8 | Class A misdemeanor. | ||||||
9 | (e) The observation of a Firearm Owner's Identification | ||||||
10 | Card in the possession of a person whose Firearm Owner's | ||||||
11 | Identification Card has been revoked or suspended constitutes a | ||||||
12 | sufficient basis for the arrest of that person for violation of | ||||||
13 | this Section. | ||||||
14 | (f) Within 30 days after the effective date of this | ||||||
15 | amendatory Act of the 98th General Assembly, the Department of | ||||||
16 | State Police shall provide written notice of the requirements | ||||||
17 | of this Section to persons whose Firearm Owner's Identification | ||||||
18 | Cards have been revoked, suspended, or expired and who have | ||||||
19 | failed to surrender their cards to the Department. | ||||||
20 | (g) A person whose Firearm Owner's Identification Card has | ||||||
21 | been revoked or suspended and who received notice under | ||||||
22 | subsection (f) shall comply with the requirements of this | ||||||
23 | Section within 48 hours of receiving notice.
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24 | (Source: P.A. 98-63, eff. 7-9-13.)
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