SB0890 100TH GENERAL ASSEMBLY

LRB100 09587 SLF 19755 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0890

Introduced 2/7/2017, by Sen. Julie A. Morrison - Jacqueline Y. Collins

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, in addition to the individuals' residence. Provides that the second notice shall include the compliance requirements under the Act. Provides that 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. Provides that if the sheriff or law enforcement agency does not provide information detailing the submission of a Firearm Disposition Record within 5 days of the second notice, the Department of State Police may request that the circuit court issue an arrest warrant for the individual who has failed to submit a Firearm Disposition Record. Provides that if the person whose FOID card has been revoked fails to comply with the requirements of the Act, the sheriff or law enforcement agency where the person resides shall (rather than may) petition the court for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 bill, 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.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 10. The Firearm Owners Identification Card Act is amended by changing Section 9.5 as follows:

(430 ILCS 65/9.5)

Sec. 9.5. Revocation of Firearm Owner's Identification Card.

(a) A person who receives a revocation notice under Section 9 of this Act shall, within 48 hours of receiving notice of the revocation:

(1) surrender his or her Firearm Owner's Identification Card to the local law enforcement agency where the person resides. The local law enforcement agency shall provide the person a receipt and transmit the Firearm Owner's Identification Card to the Department of State Police; 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. The form shall require the person to disclose:

(A) the make, model, and serial number of each firearm owned by or under the custody and control of the revoked person;

(B) the location where each firearm will be maintained during the prohibited term; and

(C) if any firearm will be transferred to the custody of another person, the name, address and Firearm Owner's Identification Card number of the transferee.

(b) The local law enforcement agency shall provide a copy of the Firearm Disposition Record to the person whose Firearm Owner's Identification Card has been revoked and to the Department of State Police.

(c) If the person whose Firearm Owner's Identification Card has been revoked fails to comply with the requirements of this Section, the sheriff or law enforcement agency where the person resides shall may petition the circuit court to issue a warrant to search for and seize the Firearm Owner's Identification Card and firearms in the possession or under the custody or control of the person whose Firearm Owner's Identification Card has been revoked.

(c-5) If the Department of State Police has not received the Firearm Disposition Record within 5 business days after sending notice under Section 9 of this Act, the Department must send a second notice to the sheriff and law enforcement agency where the person resides, in addition to the individual's residence. The second notice shall include the requirements under this Section. Upon receiving the second notice, the sheriff or law enforcement agency shall report to the Department of State Police the status and efforts pursued regarding compliance under this Section, in a form prescribed by the Department. Provided the sheriff or law enforcement agency does not provide information detailing the submission of a Firearm Disposition Record within 5 days of the second notice, the Department of State Police may request that the circuit court issue an arrest warrant for the individual who has failed to submit a Firearm Disposition Record.

(d) A violation of subsection (a) of this Section is a Class A misdemeanor.

(e) The observation of a Firearm Owner's Identification Card in the possession of a person whose Firearm Owner's Identification Card has been revoked constitutes a sufficient basis for the arrest of that person for violation of this Section.

(f) Within 30 days after the effective date of this amendatory Act of the 98th General Assembly, the Department of State Police shall provide written notice of the requirements of this Section to persons whose Firearm Owner's Identification Cards have been revoked, suspended, or expired and who have failed to surrender their cards to the Department. Within 30 days after the effective date of this amendatory Act of the 100th General Assembly, and by January 31 of each year thereafter, the Department of State Police shall provide written notice of the requirements of this Section to every sheriff and law enforcement agency within this State.

(g) A person whose Firearm Owner's Identification Card has been revoked and who received notice under subsection (f) shall comply with the requirements of this Section within 48 hours of receiving notice.

(Source: P.A. 98-63, eff. 7-9-13.)

Section 99. Effective date. This Act takes effect upon becoming law.