Illinois Leaks Take on Dems’ Plan to Change FOID Card Requirements

From Illinois Leaks, reprinted with permission:

Illinois “Fix The FOID Act” legislation – Guns surrendered upon felony indictment, not conviction!

BY KIRK ALLEN ON MAY 22, 2019 • ( 4 COMMENTS )

Illinois (ECWd) –

While nothing has been done to multiple County Sheriff’s involved in selling seized guns illegally, and deputies illegally buying those guns, it appears the Illinois General Assembly is moving forward with more important legislation.  (Numerous articles on the Sheriff’s gun sales can be found at this link)

The Illinois General Assembly Judiciary Committee voted on legislation yesterday that brings a claimed “Fix the FOID Act” legislation to the House Floor for debate (FOID- Firearms Owner Identification).   This bill originated in the Senate as SB 1966, a Public Defender Bail Program.  The original bill passed out of the Senate with a unanimous vote and was basically a one-page bill.

The bill was gutted and an amendment was filed by State Representative Kathleen Willis on May 15, 2019, which stripped all of the original language from the Senate Bill and renamed the bill “Fix the FOID Act”.  This bill changes gun laws in Illinois like nothing we have ever seen before, all masked in fixing the FOID act. This bill was assigned to the Judiciary Committee on May 20th, 2019 and passed out of that committee with a 12:7 vote on May 21, 2019.

The United States is not a democracy, contrary to what some have been taught. The US is a Constitutional Republic which is based on established laws and rights. Of those, a long-standing rule of law is that you are not guilty until proven so in a court of law.  Only upon such a conviction is a person subject to loss of certain rights.

Not in Illinois!  

How many have heard the phrase “A grand jury could indict a ham sandwich”?

This claimed fix to the FOID act contains some very disturbing language that now ensures gun owners have to surrender their property upon a felony indictment! (Page 83)

Let that sink in! 

If you were to be indicted for any felony, you would lose your property rights and Constitutional right to own a gun, in advance of any action in a court of law. So much for due process.

Conditions of probation and of conditional discharge would strip gun ownership of those under 21 if they have been convicted of a misdemeanor, other than a traffic offense!  (Page 93, 94)

While I don’t agree with the FOID Act as it stands for numerous reasons, we all know it does not take 133 pages to address the so-called “Fix” of this law.

While there are numerous Constitutional concerns in this bill, let a few of these sink in.

  • Want to sell your property (gun)? – You must first GIVE your property to a licensed firearm dealer.  (Page 22
  • Want to get your gun back because the buyer didn’t pass the background check? – Not happening until the seller passes a background check. If the seller does not pass the background check (or a glitch in the system mistakenly denies your background check), the FFL dealer is required to turn over YOUR PROPERTY to Law Enforcement within 24 hours.  (Page 23)
  • Want to loan your property (Gun) to someone to hunt? – Not anymore as that would be considered a transfer of the gun and requires a background check.  The workaround is you have to be in their presence! (Page 25)
  • Have a Developmental Disability on file with DHS?  – New background check calls for DHS files to be checked for developmental disabilities to obtain any prohibiting information, yet fails to define developmental disability nor does it define what is prohibiting information . (Page 33)
  • Fingerprints to be required to exercise your Constitutional right to own a gun. So much for our 4th Amendment. (Page 41)
  • You will be charged a fee for conducting the criminal history record check- no amount defined (Page 41)
  • Claims you’re “entitled” to a FOID card…..upon payment of $50.00 (up from $10.00), and applicable fees that are NOT defined. (Page 42)
  • 1,000% increase for FOID card fee per year. What was $10 for a ten-year FOID card ($1 a year), would now become $50 for five years($10 a year) – ($1.00 X 1,000%=$10.00) Yes we did the math as we know our education system has failed us in that area so we wanted to make sure everyone understood how we came to that percentage.  (Page 44)
  • You “may” petition the court to transfer your gun to another person if you were convicted of a felony.  So the court will decide what happens with your gun if you’re convicted of a felony, not you.  (Page 82 )

The current General Assembly is going to debate and vote on this bill that will strip a person of their Constitutional right before being found guilty in a court of law.

If you understand the importance of the rule of law and our founding documents, the US Constitution and Bill of Rights, I urge you to get on the phone and contact each and every State Representative and let them know this bill is a clear violation of our established rights on several fronts.

If they can take away your Constitutional 2nd Amendment Rights, what stops them from taking any of your other rights?

Constitutional Concerns:

  • 2nd Amendment –Right to Bear Arms
  • 4th Amendment -The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures
  • 5th Amendment – cannot be deprived of life, liberty, or property, without due process of law; 
  • 8th Amendment –no excessive fines imposed

Only in Illinois!

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Comments

Illinois Leaks Take on Dems’ Plan to Change FOID Card Requirements — 20 Comments

  1. Draconian Law…but look at the present actual “confiscation” rates, of towns where actual revocations of the FOID card has happened—Crystal Lake for just one example, almost 70 Percent of revocations from the STATE, the gun owner cant or has not turned the actual gun in.

    Good luck with this new proposal given current confiscation rates. Go ahead type your towns name in the Chicago TRibune story in the link and see what your rate is.

    They can revoke the CARD, but aint nobody coming for you to get the gun it seems, and this law will only infinitesimally increase that number.

    Who they gonna send, State Police and Local just dont have the manpower to truly enforce–or are we approaching a true near para military strike force from the State for just this in the very near future?

    Probably.

    https://www.chicagotribune.com/news/ct-viz-revoked-foid-cards-search-illinois-2019-htmlstory.html

  2. If this is enacted Illinois State Rifle Association will contest it in court.

    Steps all over the constitution.

    This may lead to the end of FOID card.

    The FOID intent was to ensure Illinois firearms buyers were not felons.

    This change would penalize law abiding citizens.

  3. **Of those, a long-standing rule of law is that you are not guilty until proven so in a court of law. Only upon such a conviction is a person subject to loss of certain rights.**

    Oh, so you’re opposed to pre-trial detention now? You support ending cash bail?

  4. When will ‘thought crimes’ be sufficient to require FOID card surrender?

  5. I’m not trying to be a pedant here, but since the Watchdogs made such a big point about math and our education system, I thought it might be worthwhile to point out that an increase from $1/year to $10/year is in fact a 900% increase.

    The new cost is 1000% of the old cost.

  6. Here we go again with the Dumb ass c rats.

    We assume everyone with a FOID owns a firearm?

    All firearms are registered?

    So if you have a FOID card it give them the right to enter your home now?

    So this is going to help what?

  7. Madigan is insanely brilliant.

    He cannot lose this fight.

    All of his opponents in the 2nd Ammendment category have an incredibly finite amount of money.

    These insane threats against Constitutionally guaranteed rights will do two duties:

    Bleed the 2nd Ammendment defenders of their war chest as they attempt to pay off the filthy pols to defend rights against indefensibly bad law,

    Pass some smaller measure of this insanity to begin boiling the froggie slowly… Well… Not so much “begin” as continue.

    You have to love the unmitigated behavior of a strongman dictator in the middle of a Constitutional Republic.

    I admire his intelligence and ability to create a cleptocratic dictatorship.

    Now… What would a Citizen require to stop such a man and his minions?

    I wonder….

  8. Yes Kirk, follow the money.

    We all know how much you like to profit off of these sorts of things.

  9. 101st Illinois General Assembly

    Senate Bill 1966 (SB 1966)

    ++++++++++

    April 12, 2019 – Passed the Senate (it was not a gun control bill at that time)

    ++++++++++

    May 15, 2019 – House Committee Amendment 1 filed with the Clerk by Kathleen Willis:

    ilga.gov/legislation/101/SB/PDF/10100SB1966ham001.pdf

    ++++++++++

    May 24, 2019 – House Floor Amendment 2 filed with the Clerk by Kathleen Willis:

    ilga.gov/legislation/101/SB/PDF/10100SB1966ham002.pdf

    ++++++++++

    May 24, 2019 – House Floor Amendment 3 filed with the Clerk by Kathleen Willis:

    ilga.gov/legislation/101/SB/PDF/10100SB1966ham003.pdf

    ++++++++++

    ILGA Bill Status

    House Floor Amendments 2 & 3 are currently in the House Rules Committee.

    ilga.gov/legislation/BillStatus.asp?DocNum=1966&GAID=15&DocTypeID=SB&LegID=119887&SessionID=108&SpecSess=&Session=&GA=101

    ++++++++++

    77th District State Representative Kathleen Willis (Addison resident, Northlake office) is the Majority (Democrat) Conference Chair in the 101st Illinois General Assembly.

    The 77th House District covers portions of DuPage and Cook counties southwest of O’Hare.

    Here are the State Representative district maps for those elected to the 98th – 102nd ILGA (January 2013 – January 2023):

    elections.il.gov/VotingInformation/2011RepresentativeDistricts.aspx

    +++++++++++

    Illinois State Rifle Association

    isra.org

  10. NRA ILA (Institute for Legislative Action)

    Illinois Committee Passes Bill to Increase Cost of FOID 1000

    Tuesday, May 21, 2019

    “On May 21st, the Illinois state House Judiciary Committee voted 12-7 to pass House Amendment 1 to Senate Bill 1966.

    While it has not yet been scheduled for further action, the House may take it up at any time.

    HA 1 to SB 1966 would impose various gun control schemes in Illinois, such as criminalizing private transfers and increasing the cost and red tape for a FOID card.

    Please contact your state Representative and urge them to OPPOSE HA 1 to SB 1966.

    Click the “Take Action” button below to contact your state Representative.

    act.nraila.org/actions/campaigns/6149

    House Amendment 1 to Senate Bill 1966, sponsored by Representative Kathleen Willis (D-77), would:

    – 10 bullet points are listed

    nraila.org/articles/20190521/illinois-committee-passes-bill-to-increase-cost-of-foid-1000

  11. YouTube

    Illinois Channel TV channel

    May 21, 2019

    Illinois Advances FOID Card Restrictions and Cost Increases

    State Capitol –

    We talk with Todd Vandermyde, a lobbyist representing the Federal Firearms LIcensees of Illinois, as he shares what SB-1966 would do, and why gun owners around the state opposed it.

    The bill, which was voted out of committee and heads to the House floor for consideration, would greatly increase the cost of a FOID card, shorten the length of time the card is viable, and apply new regulations that would apply to the transfer of ownership of a gun.

    youtube.com/watch?time_continue=1&v=Tx1OoEspMhA

  12. YouTube

    Illinois Channel TV channel

    May 24, 2019

    Abortion, Guns, and Taxes, Taxes, Taxes (May 2019)

    In our weekly review as the State Legislature nears the final week — we look at political tug of war over taxes on business across the board – from higher taxes on beer, cable, a higher corporate tax, the progressive income tax.

    youtube.com/watch?v=sj0yw9Q5I8A

  13. VOTE NO TO AANY BILL THAT IS AGAINST THE CONSTITUTION
    GET RID OF THE VOID CARD.

  14. A White County judge found IL’s FOID law unconstitutional.

    People v. Brown.

    The AG is appealing to the State Supreme Court.

    If the court agrees, this law is DOA.

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