Quinn (Illinois) Sign Lost & Stolen Reporting and Universal BC bill into law
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mgkdrgn
Member
I'll feel so much safer now when in IL knowing that grandpa is now a felon for handing down his single shot 22 to his grandson w/o a background check.
I hope the IL FFL's at least enjoy the business uptick.
I hope the IL FFL's at least enjoy the business uptick.
I did not get an alert about this bill from the Illinois State Rifle Association that I remember? - did I miss that? - or, is this a "trade-off" for concealed carry?
More information please -
PS. the transfer from Grandpa to Grandson is excused from the background check in the bill according to what I see -
More information please -
PS. the transfer from Grandpa to Grandson is excused from the background check in the bill according to what I see -
Neo-Luddite
Member
Yeh, this was NOT on my ISRA radar; but infairness I haven't been very much looking at RKBA stuff since the CCW passed.
Dframe
Member
This one seems to have been snuck through with NO fanfare whatsoever. I object to ANY additional government interference in lawful commerce. and I see monumental potential for abuse by unscrupulous Police and states attorneys over the failure to report lost or stolen guns. But I've come to EXPECT just such draconian laws from our governor who is a raving anti gun zealot from Chicago.
breakingcontact
Member
This is pretty major folks, especially the lack of resistance.
Blackbeard
Member
So we have to report when they're lost. Do we have to report when they turn up again?
ljnowell
Member
Consider the source, the Chicago Tribune, or as its called in downstate IL, the Libune.
This is not actually a UBC. In Illinois you are required to make sure someone has a valid foid card to sell them a gun even in a private sale. This opens up the ISP database to citizens to call in with a foid card to verify its valid.
Is it good? not really. Is it UBC? No, it is not.
This is not actually a UBC. In Illinois you are required to make sure someone has a valid foid card to sell them a gun even in a private sale. This opens up the ISP database to citizens to call in with a foid card to verify its valid.
Is it good? not really. Is it UBC? No, it is not.
Dframe
Member
I think THAT will depend entirely on what information is required for the so called "Background Check".
AND I'm still angry that this was slipped by SOOOO quietly. I wasn't even aware of it until this mornings paper arrived. Seems this one was kept VERY quiet.
AND I'm still angry that this was slipped by SOOOO quietly. I wasn't even aware of it until this mornings paper arrived. Seems this one was kept VERY quiet.
ljnowell
Member
It isnt a background check. There is no background being checked. It simply ALLOWS people to call and verify if a FOID card is valid or not. They dont run any other type of check and there is no approve/disapprove. Its just yes or no to the valid foid. The private seller is then in charge of the sale.
No FFL, no background check, no deny/approve.
Blackbeard
Member
It appears that this passed in the shell of a sex offender registry fees bill, that was gutted by a senate amendment and replaced with this FOID-check language instead. That's how it slipped under the radar. Sneaky bastards!
Black Butte
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So what's the point of having a FOID now?
slumlord44
Member
As I read it my C&R is not mentioned. Never had to do background check at gun show with it but this bill only refers to dealers. Problem may be that lawmakers do not know what a C&R is. Saw reference to keeping records for 10 years that went back to 2005? Doubt anyone knows about that one either.
This is actually a background check. The reasoning is that during the testimony before the IL senate (in regards to the new CCW legislation), the ISP stated that they run all FOID card holders names every day against the criminal databases. So in a indirect fashion, it is a background check since as soon they flag a name for a FOID revocation, it would not matter if the person has the FOID card in their possession (as far as someone thinking that because they possess the card, it must be good). The ISP is going to tell the caller that the FOID is no good. There is no functional difference between this and what the FFL's (and what the ISP) does when someone calls in, as far as asking for a proceed or deny.
As far as this slipping under the radar, I believe the reason is because there was some back room agreements that traded this for some votes on the CCW law passage.
As far as this slipping under the radar, I believe the reason is because there was some back room agreements that traded this for some votes on the CCW law passage.
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TyGuy
Member
Living in IL sucks. I've been trying for 4 years to get outta here. Ugh.
mdauben
Member
Yep! I left 10 years ago and I've never regretted it.
Black Butte
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It would seem then that the background check, which is run everyday, is much more up to date than the FOID card because of the delay involved with revoking the FOID card if something is revealed in the background check. Since background checks are now required for all transfers, the FOID card no longer serves a purpose.
Illinois, however, will no doubt hang on to the FOID system to generate revenue and further place an obstacle between the law-abiding residents of Illinois and their exercising their rights.
The FOID card means the person is in the database, the person has a unique ID. Different than running a check from scratch. They will never drop the FOID, the only thing that is likely is integration with the CCW permit, so the CCW will be an add-on ($$$$$) to the FOID card.
Got the ISRA explanation today - it goes like this, and I quote:
Recently, Governor Quinn signed HB1189 as amended into law. HB1189 was a sex offender bill which had been passed by the Illinois House of Representatives back in March 22, 2013 and had nothing to do with firearms. On May 31st, the day of the legislature’s adjournment, the ISRA lobbyists got word that there was going to be a bill presented by Senator Kwame Raoul that dealt with lost and stolen firearms and background checks for private sales.
HB1189 came up for a vote in the Illinois Senate but instead of passing the bill as it was, before the vote, Sen. Raoul stripped the sex offender language out of the bill with a Senate Floor Amendment and the bill was then was passed. The bill with the new language immediately went back to the House of Representatives for concurrence. The time between the passage of HB1189 as amended in the Illinois Senate and the bill’s presentation in the House was just short. In that time, ISRA lobbyists fought against the passage of the bill by reaching out to every legislator possible, unfortunately there was not enough time to reach every legislator, and the bill passed. From the moment word was received about the amendment until HB1189 went to concurrence, your ISRA fought hard to defeat the bill. Tactics like these are all too familiar in Illinois politics.
Recently, Governor Quinn signed HB1189 as amended into law. HB1189 was a sex offender bill which had been passed by the Illinois House of Representatives back in March 22, 2013 and had nothing to do with firearms. On May 31st, the day of the legislature’s adjournment, the ISRA lobbyists got word that there was going to be a bill presented by Senator Kwame Raoul that dealt with lost and stolen firearms and background checks for private sales.
HB1189 came up for a vote in the Illinois Senate but instead of passing the bill as it was, before the vote, Sen. Raoul stripped the sex offender language out of the bill with a Senate Floor Amendment and the bill was then was passed. The bill with the new language immediately went back to the House of Representatives for concurrence. The time between the passage of HB1189 as amended in the Illinois Senate and the bill’s presentation in the House was just short. In that time, ISRA lobbyists fought against the passage of the bill by reaching out to every legislator possible, unfortunately there was not enough time to reach every legislator, and the bill passed. From the moment word was received about the amendment until HB1189 went to concurrence, your ISRA fought hard to defeat the bill. Tactics like these are all too familiar in Illinois politics.
JFtheGR8
Member
^^^ Kwame Raoul is considering running for governor. With these kinds of tactics this guy would be a real treat in that office.
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Since it seems that in IL the governor can almost make new laws himself through his amendatory veto power, is it any wonder that the Pres feels he can ignore the constitution and make laws through executive orders, recess appointments, and so on. He's a Chicago product. He was taught well.
I am disappointed that I did not get a heads up from ISRA, and their explanation was a little weak.
I am disappointed that I did not get a heads up from ISRA, and their explanation was a little weak.
JTHunter
Member
ljnowell said:
It IS a "background check" because what I have read about this bill, the ISP will have 30 days to respond to this sale. Normal wait times through a business/FFL is 24 hours for longguns andf 72 for handguns. It is yet another "delaying tactic" or impediment to our 2A Rights.
It IS a "background check" because what I have read about this bill, the ISP will have 30 days to respond to this sale. Normal wait times through a business/FFL is 24 hours for longguns andf 72 for handguns. It is yet another "delaying tactic" or impediment to our 2A Rights.
1. There is no criminal penalty for ignoring that new part of the law.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection (A)
commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
Now, as far as any delaying tactics, if at some point in the future there is a move to make this a criminal offense, there would be an opportunity to add language (similar to NICS delays) so these shenanigans can't stop sales for very long.
2. It does not matter if a sale is through a FFL or individual. It is always 24 or 72 hours (depending on handgun or long gun)
3. The waiting period begins from the time the buyer expressed an interest in purchase. This is not the same as beginning a 4473 or calling in a background check.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection (A)
commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
Now, as far as any delaying tactics, if at some point in the future there is a move to make this a criminal offense, there would be an opportunity to add language (similar to NICS delays) so these shenanigans can't stop sales for very long.
2. It does not matter if a sale is through a FFL or individual. It is always 24 or 72 hours (depending on handgun or long gun)
3. The waiting period begins from the time the buyer expressed an interest in purchase. This is not the same as beginning a 4473 or calling in a background check.
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