IL State Rifle Association

Weekly Gun News Roundup – January 8-14, 2006

The spring session of the Illinois General Assembly opened this week and, of course, the air was abuzz with talk of new gun control initiatives from the Blago-Daley Administration. The piece of legislation that the antigunners will be pushing the hardest will be their “assault weapons” ban. As in the past, this latest proposed ban would make most of the guns in your safe illegal to own and subject to confiscation. Keep an eye on your email and regular mailbox for instructions on how to counter the Blago-Daley gun grab proposal(s).

Pro-gunners were busy this week as well, introducing a number of bills designed to preserve and protect your right to keep and bear arms. ISRA supported legislation introduced this week includes Bill Numbers:

HB4524 introduced by Rep. Brandon Phelps (D-Harrisburg)
Amends the Criminal Code of 1961. Invalidates local ordinances and resolutions that regulate firearms legal for hunting under the Wildlife Code inconsistently with the provisions of the Criminal Code of 1961. Preempts home rule. Effective immediately.

HB4529 introduced by Rep. John E. Bradley, (D-Marion)
Amends the Firearm Owners Identification Card Act. Provides that when the Department of State Police fails to act upon an application for a Firearm Owner's Identification Card within 30 days after receipt, or if the application was wrongfully denied, the applicant may seek relief from the circuit court in writing in the county of his or her residence. Provides that the applicant is entitled to recover any costs, attorney's fees, damages, and not less than $100 per day nor more than $500 per day for every day past the 30th day in which the Department failed to act. Effective immediately.

HB4550 introduced by Rep. Dan Reitz (D-Sparta) and Rep. Dan Beiser (D-East Alton)
Amends the Firearm Owners Identification Card Act. Provides that if the receipt of a firearm does not violate federal or State law, the Department of State Police shall destroy all records of the dial up telephone system with respect to the call to the Department of State Police concerning whether a transferee of a firearm is eligible to acquire or possess a firearm, other than the identifying number and the date the number was assigned, and all records of the system relating to the person or the transfer within 7 days. Provides that if the transfer of a firearm is denied by the Department of State Police, the Department of State Police may keep the records of a denial until the denial is appealed and overturned, or as long as necessary for a criminal prosecution. Provides that the Department of State Police may not retain, copy, or distribute any information previously collected under the dial up system. Effective immediately.

HB4562 introduced by Rep. John E. Bradley, (D-Marion)
Amends the Criminal Code of 1961. Provides that the provisions of any ordinance or resolution adopted by any unit of local government that impose restrictions or limitations on the acquisition, possession, transportation, storage, purchase, sale, or other dealing in firearms and firearm ammunition, components, accessories, and accoutrements for firearms that do not provide an exception for the use or possession of a firearm for the act of self-defense or defense of another when on one's land or in one's abode or fixed place of business are invalid, and all those existing ordinances and resolutions are void. Provides that a unit of local government, including a home rule unit, may not regulate the possession or use of a firearm kept for self-defense or defense of another and may not regulate ammunition, components, accessories, or accoutrements for such firearm. Effective immediately.

HB4563 introduced by Rep. John E. Bradley, (D-Marion)
Amends the Illinois Municipal Code. Provides that the provision that states that certain municipal officials are conservators of the peace after completion of a training course administered by the Illinois Law Enforcement Training Standards Board does not apply to any alderman, councilman, or trustee of a municipality that restricts or prohibits the private ownership or possession of any firearms by residents of that municipality by ordinance or resolution. Amends the Criminal Code of 1961. Provides that a violation of the offense of aggravated unlawful use of a weapon by any alderman, councilman, or trustee of a municipality not entitled to carry or possess a firearm in accordance with that provision of the Illinois Municipal Code is a Class 3 felony. Effective immediately.

HB4564 introduced by Rep. John E. Bradley, (D-Marion)
Creates the Gun-free Zone Criminal Conduct Liability Act. Provides that any person, organization, or entity or any agency of government, including any unit of local government, that creates a gun-free zone is liable for all costs, attorney's fees, and treble damages resulting from criminal conduct that occurs against an individual in the gun-free zone, if a reasonable person would believe that possession of a firearm could have helped the individual defend against such conduct. Defines "gun-free zone". Effective immediately.

HB4565 introduced by Rep. David Reis (R-Olney)
Amends the Firearm Owners Identification Card Act. Provides that if the receipt of a firearm does not violate federal or State law, the Department of State Police shall destroy all records of the dial up telephone system with respect to the call to the Department of State Police concerning whether a transferee of a firearm is eligible to acquire or possess a firearm, other than the identifying number and the date the number was assigned, and all records of the system relating to the person or the transfer within 24 hours. Provides that if the transfer of a firearm is denied by the Department of State Police, the Department of State Police may keep the records of a denial until the denial is appealed and overturned, or as long as necessary for a criminal prosecution. Provides that the Department of State Police may not retain, copy, or distribute any information previously collected under the dial up system. Effective immediately.

HB4566 introduced by Rep. David Reis (R-Olney)
Amends the Firearm Owners Identification Card Act. Provides that if the receipt of a firearm does not violate federal or State law, the Department of State Police shall destroy all records of the dial up telephone system with respect to the call to the Department of State Police concerning whether a transferee of a firearm is eligible to acquire or possess a firearm, other than the identifying number and the date the number was assigned, and all records of the system relating to the person or the transfer within 30 days. Provides that if the transfer of a firearm is denied by the Department of State Police, the Department of State Police may keep the records of a denial until the denial is appealed and overturned, or as long as necessary for a criminal prosecution. Provides that the Department of State Police may not retain, copy, or distribute any information previously collected under the dial up system. Effective immediately.

HB4567 introduced by Rep. David Reis (R-Olney)
Amends the Firearm Owners Identification Card Act. Provides that if the receipt of a firearm does not violate federal or State law, the Department of State Police shall destroy all records of the dial up telephone system with respect to the call to the Department of State Police concerning whether a transferee of a firearm is eligible to acquire or possess a firearm, other than the identifying number and the date the number was assigned, and all records of the system relating to the person or the transfer within 60 days. Provides that if the transfer of a firearm is denied by the Department of State Police, the Department of State Police may keep the records of a denial until the denial is appealed and overturned, or as long as necessary for a criminal prosecution. Provides that the Department of State Police may not retain, copy, or distribute any information previously collected under the dial up system. Effective immediately.

HB4583 introduced by Rep. Dan Reitz (D-Sparta)
Amends the Criminal Code of 1961. Provides that a unit of local government, including a home rule unit, may not regulate the transportation of firearms and may not regulate the transportation of ammunition, components, accessories, or accoutrements for firearms. Provides that the provisions of any ordinance or resolution adopted before, on, or after the effective date of this amendatory Act by any unit of local government that imposes restrictions or limitations on the transportation of firearms and ammunition, components, accessories, and accoutrements of firearms in a manner other than those that are imposed by this Act are invalid and all those existing ordinances and resolutions are void. Provides that this provision is a limitation of home rule powers under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Effective immediately.

HB4584 introduced by Rep. Dan Reitz (D-Sparta)
Amends the Firearm Owners Identification Card Act. Provides that a person who transfers or causes to be transferred a firearm within the State must keep a record of the transfer for a period of 5 (rather than 10) years from the date of the transfer. Effective immediately.


Each of the above bills is strongly supported by the ISRA. Gun owners are encouraged to contact their State Representative to ask the representative to vote “YES” on each of these bills. To learn more about each of these important bills, and to learn about how to contact your State Representative, please go to the Illinois General Assembly’s web site at: www.ilga.gov

Many of you may have already heard about the huge FOID application-processing backlog at State Police headquarters. By law, the State Police are required to turn FOID applications/renewals around in 30 days. Current backlogs are running up to and over 50 days. Gun owners whose FOID cards expire during processing are subject to felony prosecution, regardless of the fact that the expiration is the fault of the State Police, not the gun owner.

The Blagojevich administration blames the backlog on a 60% staff reduction necessitated by budget cuts. Interestingly, Blagojevich announced last week that the state would be sending a $1 Million donation to a relief fund dedicated to rebuilding a landmark Chicago church burned in a fire. It seems a little funny that there is no money available to ensure that the State Police meet their legal obligation to turn FOIDs around in a timely manner, but there is money available to rebuild a privately owned building.

This week will be an important week for all Illinois gun owners. Chance are, Blago-Daley will try to move their assault weapons ban through the house. We will keep you up to date on the progress of the legislation and advise you on how you can help good bills pass, and let bad bills die.

HB4563 introduced by Rep. John E. Bradley, (D-Marion) Amends the Illinois Municipal Code. Provides that the provision that states that certain municipal officials are conservators of the peace after completion of a training course administered by the Illinois Law Enforcement Training Standards Board does not apply to any alderman, councilman, or trustee of a municipality that restricts or prohibits the private ownership or possession of any firearms by residents of that municipality by ordinance or resolution. Amends the Criminal Code of 1961. Provides that a violation of the offense of aggravated unlawful use of a weapon by any alderman, councilman, or trustee of a municipality not entitled to carry or possess a firearm in accordance with that provision of the Illinois Municipal Code is a Class 3 felony. Effective immediately.

This one is great....if I read it correctly, it means the alderman, councilman etc of chicago can't carry legally any longer as chicago is a gun ban city....heheheehhee

Hmmmmm, last I checked her last name was Madigan....oh yeah her daddy and the mayor are great pals....it ain't gonna happen....some deal will be made.....

her term is up this time around also isnt it?

last gov election alot of vote came from down state maybe they will

see the error of there ways and correct the issues in springfield now....

we can only hope

Quoted: her term is up this time around also isnt it? last gov election alot of vote came from down state maybe they will see the error of there ways and correct the issues in springfield now.... we can only hope

Springfield? Well maybe at least they can vote for somebody that spends at least some of his/her time IN Springfield. I hear that lawmakers who want to meet with the governor have to come all the way up to Chicago.

In any case, Downstate Democrats have always been pro-gun - they have been a key vote in defeating all of the Daley legislation. I think they were duped by Blago into believing he was a downstate democrat, since they didn't know his record up here. They voted for him in droves; it's up to them now to fix this.

I like that one about the FOID and damages... so I can sue the state on the state's dime if they drag their feet with FOID processing? Great!

No CCW bill?  

Interesting to see how all the FOID bills require destruction of records, which is already part of the Illinois State Laws but conveniently gets ignored by the ISP.

I think we should start a class action lawsuit against the chief of the ISP for dereliction of duty for the whole FOID nonsense.  BTW, that is 50 days ON TOP of the 30 days the ISP is given, i.e. FOID turnaround is runing at 80 days right now.

I think it says a lot about politics and the law when the the government can violate the law and in turn make the citizens felons.