Sen. Bill Cunningham
Filed: 3/14/2019
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 715 




2    AMENDMENT NO. ______. Amend Senate Bill 715 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The State Finance Act is amended by adding 
5Section 5.891 as follows:
 
6    (30 ILCS 105/5.891 new)
7    Sec. 5.891. The Revocation Enforcement Group Services 
8Fund.
 
9    Section 10. The Firearm Owners Identification Card Act is 
10amended  by changing Sections 5, 9, and 9.5 as follows:
 


11    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)

12    Sec. 5. Application and renewal. 
13    (a) The Department of State Police shall either approve or

14deny all applications within 30 days from the date they are 
 
 
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1received,
except as provided in subsection (b) of this Section, 
2and every applicant found qualified under Section 8 of this Act 
3by
the Department shall be entitled to a Firearm Owner's 
4Identification
Card upon the payment of a $15 $10 fee. Any 
5applicant who is an active duty member of the Armed Forces of 
6the United States, a member of  the Illinois National Guard, or 
7a member of the Reserve Forces of the United States is exempt 
8from the application fee. $6 of each fee derived from the

9issuance of Firearm Owner's Identification Cards, or renewals 
10thereof,
shall be deposited in the Wildlife and Fish Fund in 
11the State Treasury;
$5 of the fee shall be deposited into the 
12Revocation Enforcement Group Services Fund; $1 of the fee shall 
13be deposited in the State Police Services Fund; and $3 of the 
14fee shall be deposited in the
State Police Firearm Services 
15Fund.
16    (b) Renewal applications shall be approved or denied within 
1760 business days, provided the applicant submitted his or her 
18renewal application prior to the expiration of his or her 
19Firearm Owner's Identification Card. If a renewal application 
20has been submitted prior to the expiration date of the 
21applicant's Firearm Owner's Identification Card, the Firearm 
22Owner's Identification Card shall remain valid while the 
23Department processes the application, unless the person is 
24subject to or becomes subject to revocation under this Act. The 
25cost for a renewal application shall be $10 which shall be 
26deposited into the State Police Firearm Services Fund. 

 
 
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1(Source: P.A. 100-906, eff. 1-1-19.)

 



2    (430 ILCS 65/9)  (from Ch. 38, par. 83-9)



3    Sec. 9. 

4    (a) Every person whose application for a Firearm Owner's 
5Identification
Card is denied, and every holder of such a Card 
6whose Card is revoked
or seized, shall receive a written notice 
7from the Department of State
Police stating specifically the 
8grounds upon which
his application has
been denied or upon 
9which his Identification Card has been revoked. The written 
10notice shall include the requirements of Section 9.5 of this 
11Act and the person's right to administrative or judicial review 
12under Section 10 and  11 of this Act.  
13    (b) A copy of the written notice shall be provided to the 
14sheriff and law enforcement agency where the person resides as 
15soon as practicable but in no event later than 24 hours 
16following the revocation. The notice shall be provided 
17electronically and shall include every inquiry made by a 
18federally licensed firearm dealer, gun show promoter, or gun 
19show vendor on behalf of the revoked person under Section 3.1.  
20The information provided shall include the unique 
21identification number assigned under paragraph (1) of 
22subsection (c) of Section 3.1. 

23(Source: P.A. 100-201, eff. 8-18-17.)

 
24    (430 ILCS 65/9.5)
 
 
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1    Sec. 9.5. Revocation of Firearm Owner's Identification

2Card and establishment of Revocation Enforcement Groups.
3    (a)  A person who receives a revocation notice under Section 
49 of this Act shall, within 48 hours of receiving notice of the 
5revocation:
6        (1)   surrender his or her Firearm Owner's 
7    Identification Card to the local law enforcement agency 
8    where the person resides.   The local law enforcement agency 
9    shall provide the person a receipt and transmit the Firearm 
10    Owner's Identification Card to the Department of State 
11    Police; and
12        (2)   complete a Firearm Disposition Record on a form 
13    prescribed by the Department of State Police and place his 
14    or her firearms in the location or with the person reported 
15    in the Firearm Disposition Record. The form shall require 
16    the person to disclose:
17            (A)        the make, model, and serial number of each 
18        firearm owned by or under the custody and control of 
19        the revoked person;
20            (B)  the location where each firearm will be 
21        maintained during the prohibited term; and
22            (C) if any firearm will be transferred to the 
23        custody of another person, the name, address and 
24        Firearm Owner's Identification Card number of the 
25        transferee.
26    (b)        The local law enforcement agency shall provide a copy 
 
 
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1of the Firearm Disposition Record to the person whose Firearm 
2Owner's Identification Card has been revoked and to the 
3Department of State Police.
4    (c)        If the person whose Firearm Owner's Identification Card 
5has been revoked fails to comply with the requirements of this 
6Section, the sheriff or law enforcement agency where the person 
7resides may petition the circuit court to issue a warrant to 
8search for and seize the Firearm Owner's Identification Card 
9and firearms in the possession or under the custody or control 
10of the person whose Firearm Owner's Identification Card has 
11been revoked.
12    (d)       A violation of subsection (a) of this Section is a 
13Class 4 felony A misdemeanor.
14    (e)        The observation of a Firearm Owner's Identification 
15Card in the possession of a  person whose Firearm Owner's 
16Identification Card has been revoked constitutes a sufficient 
17basis for the arrest of that person for violation of this 
18Section.
19    (f)        Within 30 days after the effective date of this 
20amendatory Act of the 98th General Assembly, the Department of 
21State Police shall provide written notice of the requirements 
22of this Section to persons whose Firearm Owner's Identification 
23Cards have been revoked, suspended, or expired and who have 
24failed to surrender their cards to the Department.
25    (g)        A person whose Firearm Owner's Identification Card has 
26been revoked and who received notice under subsection (f) shall 
 
 
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1comply with the requirements of this Section within 48 hours of 
2receiving notice. 

3    (h) The Sheriff may convene Revocation Enforcement Groups 
4to seize and recover the Firearm Owner's Identification Cards 
5of revoked persons and to enforce compliance with the 
6requirements of this subsection (h). Revocation Enforcement 
7Groups may include, but shall not be limited to, 
8representatives from the Department of State Police, county 
9sheriff's office, local law enforcement agency wherein the 
10revoked person resides, and a representative from the States 
11Attorney's office from the county in which the revoked person 
12resides. The Revocation Enforcement Group Services Fund is 
13created as a special fund in the State treasury to implement 
14this subsection (h). 
15(Source: P.A. 98-63, eff. 7-9-13.)
 

16    Section 99. Effective date. This Act takes effect upon 
17becoming law.".