99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2211
 
Introduced 1/13/2016, by Sen. Julie A. Morrison
 
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. The second notice shall include the compliance requirements under the Act. 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. If the person whose FOID card has been revoked fails to comply with the requirements of the Act, the sheriff or law enforcement agency where the person resides shall (rather than may) petition the court for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 amendatory Act, 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.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 10. 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 of Firearm Owner's Identification

8Card.
9 (a) A person who receives a revocation notice under Section 
109 of this Act shall, within 48 hours of receiving notice of the 
11revocation:
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 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 (b) The local law enforcement agency shall provide a copy 
10of the Firearm Disposition Record to the person whose Firearm 
11Owner's Identification Card has been revoked and to the 
12Department of State Police.
13 (c) If the person whose Firearm Owner's Identification Card 
14has been revoked fails to comply with the requirements of this 
15Section, the sheriff or law enforcement agency where the person 
16resides shall may petition the circuit court to issue a warrant 
17to search for and seize the Firearm Owner's Identification Card 
18and firearms in the possession or under the custody or control 
19of the person whose Firearm Owner's Identification Card has 
20been revoked.
21 (c-5) If the Department of State Police has not received 
22the Firearm Disposition
Record within 5 business days after 
23sending notice under Section 9 of this Act, the Department must 
24send a second notice to the sheriff and law enforcement
agency 
25where the person resides. The second notice shall include the 
26requirements under this Section. Upon receiving the second 
 
 
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1notice, the sheriff or law enforcement agency shall report to 
2the Department
of State Police the status and efforts pursued 
3regarding compliance under this
Section, in a form prescribed 
4by the Department. 
5 (d) A violation of subsection (a) of this Section is a 
6Class A misdemeanor.
7 (e) The observation of a Firearm Owner's Identification 
8Card in the possession of a person whose Firearm Owner's 
9Identification Card has been revoked constitutes a sufficient 
10basis for the arrest of that person for violation of this 
11Section.
12 (f) Within 30 days after the effective date of this 
13amendatory Act of the 98th General Assembly, the Department of 
14State Police shall provide written notice of the requirements 
15of this Section to persons whose Firearm Owner's Identification 
16Cards have been revoked, suspended, or expired and who have 
17failed to surrender their cards to the Department. Within 30 
18days
after the effective date of this amendatory Act of the 
1999th
General Assembly, and by January 31 of each year 
20thereafter, the
Department of State Police shall provide 
21written notice of the
requirements of this Section to every 
22sheriff and law enforcement agency within this State. 
23 (g) A person whose Firearm Owner's Identification Card has 
24been revoked and who received notice under subsection (f) shall 
25comply with the requirements of this Section within 48 hours of 
26receiving notice. 

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


2 Section 99. Effective date. This Act takes effect upon 
3becoming law.