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Sen. Julie A. Morrison
Filed: 3/7/2019
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| 1 | | AMENDMENT TO SENATE BILL 99
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 99 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 9.5 and by adding Section 8.4 as |
| 6 | | follows:
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| 7 | | (430 ILCS 65/8.4 new) |
| 8 | | Sec. 8.4. Cancellation of Firearm Owner's Identification |
| 9 | | Card. The Department of State Police may cancel a Firearm |
| 10 | | Owner's Identification Card if a person is not prohibited by |
| 11 | | State or federal law from acquiring or possessing a firearm or |
| 12 | | firearm ammunition and the sole purpose is for an |
| 13 | | administrative reason. This includes, but is not limited to, at |
| 14 | | the request of the Firearm Owner's Identification Card holder, |
| 15 | | a person who surrenders his or her Illinois driver's license or |
| 16 | | State identification card to another jurisdiction, death, or a |
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| 1 | | person's Firearm Owner's Identification Card is reported as |
| 2 | | lost, stolen, or destroyed. The Department may adopt rules |
| 3 | | necessary to implement this Section.
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| 4 | | (430 ILCS 65/9.5) |
| 5 | | Sec. 9.5. Revocation or suspension of Firearm Owner's |
| 6 | | Identification
Card. |
| 7 | | (a) A person who receives a revocation or suspension notice |
| 8 | | under Section 9 of this Act shall, within 48 hours of receiving |
| 9 | | notice of the revocation or suspension: |
| 10 | | (1) surrender his or her Firearm Owner's |
| 11 | | Identification Card to the local law enforcement agency |
| 12 | | where the person resides. The local law enforcement agency |
| 13 | | shall provide the person a receipt and transmit the Firearm |
| 14 | | Owner's Identification Card to the Department of State |
| 15 | | Police; and |
| 16 | | (2) complete a Firearm Disposition Record on a form |
| 17 | | prescribed by the Department of State Police and place his |
| 18 | | or her firearms in the location or with the person reported |
| 19 | | in the Firearm Disposition Record. The form shall require |
| 20 | | the person to disclose: |
| 21 | | (A) the make, model, and serial number of each |
| 22 | | firearm owned by or under the custody and control of |
| 23 | | the revoked or suspended person; |
| 24 | | (B) the location where each firearm will be |
| 25 | | maintained during the prohibited term; and |
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| 1 | | (C) if any firearm will be transferred to the |
| 2 | | custody of another person, the name, address and |
| 3 | | Firearm Owner's Identification Card number of the |
| 4 | | transferee. |
| 5 | | (a-5) The Firearm Disposition Record shall contain a |
| 6 | | statement to be signed by the transferee that the transferee: |
| 7 | | (1) is aware of, and will abide by, current law |
| 8 | | regarding the unlawful transfer of a firearm; |
| 9 | | (2) is aware of the penalties for violating the law as |
| 10 | | it pertains to unlawful transfer of a firearm; and |
| 11 | | (3) intends to retain possession of the firearm or |
| 12 | | firearms until it is determined that the transferor is |
| 13 | | legally eligible to possess a firearm and has an active |
| 14 | | Firearm Owners Identification Card, if applicable, or |
| 15 | | until a new person is chosen to hold the firearm or |
| 16 | | firearms. |
| 17 | | (b) The local law enforcement agency shall provide a copy |
| 18 | | of the Firearm Disposition Record to the person whose Firearm |
| 19 | | Owner's Identification Card has been revoked or suspended, the |
| 20 | | transferee, and to the Department of State Police. |
| 21 | | (c) If the person whose Firearm Owner's Identification Card |
| 22 | | has been revoked or suspended fails to comply with the |
| 23 | | requirements of this Section, the sheriff or law enforcement |
| 24 | | agency where the person resides may petition the circuit court |
| 25 | | to issue a warrant to search for and seize the Firearm Owner's |
| 26 | | Identification Card and firearms in the possession or under the |
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| 1 | | custody or control of the person whose Firearm Owner's |
| 2 | | Identification Card has been revoked or suspended. |
| 3 | | (d) A violation of subsection (a) of this Section is a |
| 4 | | Class A misdemeanor. |
| 5 | | (e) The observation of a Firearm Owner's Identification |
| 6 | | Card in the possession of a person whose Firearm Owner's |
| 7 | | Identification Card has been revoked or suspended constitutes a |
| 8 | | sufficient basis for the arrest of that person for violation of |
| 9 | | this Section. |
| 10 | | (f) Within 30 days after the effective date of this |
| 11 | | amendatory Act of the 98th General Assembly, the Department of |
| 12 | | State Police shall provide written notice of the requirements |
| 13 | | of this Section to persons whose Firearm Owner's Identification |
| 14 | | Cards have been revoked, suspended, or expired and who have |
| 15 | | failed to surrender their cards to the Department. |
| 16 | | (g) A person whose Firearm Owner's Identification Card has |
| 17 | | been revoked or suspended and who received notice under |
| 18 | | subsection (f) shall comply with the requirements of this |
| 19 | | Section within 48 hours of receiving notice.
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| 20 | | (Source: P.A. 98-63, eff. 7-9-13.)".
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