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.)