SB0717sam001 101ST GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 4/3/2019

10100SB0717sam001 LRB101 04478 TAE 59001 a

AMENDMENT TO SENATE BILL 717

AMENDMENT NO. ______. Amend Senate Bill 717 by replacing everything after the enacting clause with the following:

"Section 5. 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shall provide a copy of the Firearm Disposition Record to the person whose Firearm Owner's Identification Card has been revoked and to the Department of State Police.

(c) If the person whose Firearm Owner's Identification Card has been revoked fails to comply with the requirements of this Section, the sheriff or law enforcement agency where the person resides may petition the circuit court to issue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firearms in the possession or under the custody or control of the person whose Firearm Owner's Identification Card has been revoked.

(d) A violation of subsection (a) of this Section is a Class A misdemeanor and shall also be punishable in accordance with Section 7-702.1 of the Illinois Vehicle Code.

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of a Firearm Owner's Identification Card in the possession of a person whose Firearm Owner's Identification Card has been revoked constitutes a sufficient basis for the arrest of that person for violation of this Section.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

(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 10. The Illinois Vehicle Code is amended by adding Section 7-702.3 as follows:

(625 ILCS 5/7-702.3 new)

Sec. 7-702.3. Suspension of driver's license for failure to comply with Firearm Owner's Identification Card revocation requirements. The Secretary of State shall suspend the driver's license of an individual upon certification by the Department of State Police, in a manner and form prescribed by the Secretary of State, that the person has failed to comply with subsection (a) of Section 9.5 of the Firearm Owners Identification Card Act. The person's driver's license shall be suspended until the Secretary receives authenticated documentation from the Department of State Police that there has been sufficient compliance with subsection (a) of Section 9.5 of the Firearm Owners Identification Card Act. The Secretary may reinstate the person's driver's license if notified by the Department of State Police that the person has complied with subsection (a) of Section 9.5 of the Firearm Owners Identification Card Act.".