IL SB0114 apparently allows LE and School Administrators to revoke FOID Cards

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Jeff White

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I was made aware of tis in the ISRA's weekly update email yesterday. This bill is supposed to clean up the concealed carry law. This is what it says:

http://www.ilga.gov/legislation/ful...s=0&DocTypeId=SB&DocNum=0114&GAID=12&Session=
(d) If a person is determined to pose a clear and present
4 danger to himself, herself, or to others:
5 (1) by a physician, clinical psychologist, or
6 qualified examiner, law enforcement official, or school
7 administrator, or is determined to be developmentally
8 disabled by a physician, clinical psychologist, or
9 qualified examiner, whether employed by the State or
10 privately by a private mental health facility, then the
11 physician, clinical psychologist, or qualified examiner
12 shall, within 24 hours of making the determination, notify
13 the Department of Human Services that the person poses a
14 clear and present danger or is developmentally disabled; or
15 (2) by a law enforcement official or school
16 administrator, then the law enforcement official or school
17 administrator shall, within 24 hours of making the
18 determination, notify the Department of State Police that
19 the person poses a clear and present danger. The Department
20 of Human Services shall immediately update its records and
21 information relating to mental health and developmental
22 disabilities, and if appropriate, shall notify the
23 Department of State Police in a form and manner prescribed
24 by the Department of State Police. The Department of State
25 Police shall determine whether to revoke the person's
26 Firearm Owner's Identification Card under Section 8 of this




09800SB0114ham002 - 5 - LRB098 04341 RLC 49644 a

1 Act. Any information disclosed under this subsection shall
2 remain privileged and confidential, and shall not be
3 redisclosed, except as required under subsection (e) of
4 Section 3.1 of this Act, nor used for any other purpose.
5 The method of providing this information shall guarantee
6 that the information is not released beyond what is
7 necessary for the purpose of this Section and shall be
8 provided by rule by the Department of Human Services. The
9 identity of the person reporting under this Section shall
10 not be disclosed to the subject of the report. The
11 physician, clinical psychologist, qualified examiner, law
12 enforcement official, or school administrator making the
13 determination and his or her employer shall not be held
14 criminally, civilly, or professionally liable for making
15 or not making the notification required under this
16 subsection, except for willful or wanton misconduct.
17 (e) The Department of State Police shall adopt rules to
18 implement this Section.
19 (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)

So the way I read it, if you are unfortunate enough to have a disagreement with a school administrator or a law enforcement officer all that person has to do is pick up the phone, call the ISP and your FOID card is gone. The law makes sure that the person who declared you a danger to yourself or others remains anonymous. It also states that the person making the notification is indemnified from criminal, civil and professional liability.

The law says the ISP should make a determination on if the FOID card should be revoked. Given that there are only so many investigators and that avoiding civil liability is a primary concern for law enforcement agencies does anyone really believe that there will be an investigation?

This bill clarifies a similar provision in the original concealed carry bill.

The bill also eliminates the provision for credit to be awarded for training courses recognized by the laws of another state. It requires all training courses recognized by other states to be approved by the ISP.

The bill also eliminates the exemption for former law enforcement officers from the 16 hour course and now only gives them credit for 8 hours training.

The bill adds the requirement that during a traffic stop passengers in a vehicle who have a concealed carry license must comply with the disclosure requirements.

I'm not sure how this fits in with the Illinois supreme Court Decision that requires officers to be able to articulate reasonable suspicion before asking passengers in a vehicle for ID and checking them for warrants.

The "fixes" to the bill just make it worse.

Of course the ISRA views all this as positive:

ISRA Thursday Bulletin - December 5



EXECUTIVE DIRECTOR'S MESSAGE



On Tuesday December 3rd, both the Illinois House and Illinois Senate passed SB114, which is a trailer bill to the Illinois Concealed Carry Act HB0183. SB114 now awaits the Governor's signature. The purpose of a trailer bill is to correct errors or mistakes that were made in a previous bill. It was good that SB114 passed because it addressed issues that needed to be corrected in HB0183. I expect another trailer bill in the spring session to address other errors in HB0183. This is a usual procedure following almost all bills.



Having a debate on all bills is important because the intent of the legislation is clarified in the record. The preemption language was brought up on Tuesday in a question and answer session between Representative Brandon Phelps (D-Harrisburg) and Representative Ed Sullivan (R-Mundelein). This question and answer session made it clear that rules on Concealed Carry lay squarely with the State of Illinois; the City of Chicago, Cook County, and any other municipality are not to tamper with the Concealed Carry legislation. Exercises like Representative Phelps and Sullivan went through are critical to court cases brought against municipalities who may try to tamper with the Illinois Concealed Carry Act. Kudos to Representative Phelps and Representative Sullivan.



We are now working with the joint committee on Administrative Rules trying to be sure the rules which will be eventually adopted do not diminish our Right To Carry. The struggle is far from over but the ISRA is there representing you.

Thank you for being a member.

Richard Pearson
ISRA Executive Director

Somebody buy my property here in Marion County so I can get out of this state!!
 
One hopes there is an appeal & hearing process to this at least? Something like that list of people can put a short hold requiring an official hearing to actually revoke?

Since it is sitting on the governors desk it may as well be law so what are the real consequences after such an event?
 
That is pretty bad.

Anonymous call can lead to loss of legal ability to own firearms.

Many school officials are not fond of guns to start.
If they are already aware of ownership or interest because the student mentioned hunting or shooting, I can see a quick call being placed if they have a disagreement with a parent.


Anonymous witnesses leading to loss of liberty is supposed to be against the Constitution.
The whole part of having the right to face your accusers or those bearing witness against you openly in court.
With court being where issues that could involve a loss of liberty are supposed to be dealt with.
 
There's a poison pill in every gun bill ever in Illinois....it's like living in bizarro world.

Larry
 
This turn of events just makes me even happier that today I officially moved to Wisconsin. Most of Illinois is good but the dominance of the Chicago area over the rest of the state is terrible and results in many things that I would consider blatant violations of the US constitution. The state would be well served to break Chicago off and push it out into lake michigan. Until then, best of luck to gun owners in Illinois. I hope the next few elections result in some much needed changes.
 
While the same bill did exempt current LE from all 16 hours of training (a good thing for some), you're right in that it sure does appear to give School Admin some pretty sweeping powers to report on those who pose a 'clear and present' danger. It seems the intent would be to allow them to report on a student under their charge who may pose a threat, but that isn't what the bill says. ISRA did somewhat gloss over this bill's effects in its info on it. Thanks for catching it Mr. White~I'll have to pass this one on to the guys at work tonight.
 
The
9 identity of the person reporting under this Section shall
10 not be disclosed to the subject of the report.

The above should kill this bill from the get go since we have a right to confront our accuser. After all we are talking about a Constitutional Right.



The
11 physician, clinical psychologist, qualified examiner, law
12 enforcement official, or school administrator making the
13 determination and his or her employer shall not be held
14 criminally, civilly, or professionally liable for making
15 or not making the notification required under this
16 subsection, except for willful or wanton misconduct.



I don't think this will float either.
 
This is the high road, but what the hell!, an anonymous "person" can revoke your 2nd amendment rights. What is to prevent such a person from revoking the FOID from every Illinois citizen? I am disgusted by illegal and cowardly attempts of the left to disarm honest citizens living in Illinois. :banghead:
 
Wait a minute. Just read that part was removed before it was passed. From Illinois carry. Looking in to it now. Yup school administrator's was taken out. The rest still sucks anonymous revocation. No legal penalties. Yeah that's gonna to stand up in court.
 
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Kind of turns the whole concept of due process completely on its head, doesn't it?
This is what the supreme court needs to address next. The issue of stripping 2A rights without a day in court. Throw in "may issue" issues, and we could have a good idea for where the 2A movement needs to focus our attentions.
 
Yup school administrator's was taken out. The rest still sucks anonymous revocation. No legal penalties. Yeah that's gonna to stand up in court.

School administrators is still part of the bill. Look at the link:
http://www.ilga.gov/legislation/ful...s=0&DocTypeId=SB&DocNum=0114&GAID=12&Session=

Scroll down to page 4. In lines 6 and 7 law enforcement official and school administrator are indeed struck out. However......

If you read down to lines 15 thru 19 you will see that they are added back in with a slight rewording. When you read bills online, the underlined text is new text, what the legislature added.

If someone is telling you that school administrators were deleted from the bill, they are technically correct...they just aren't telling you that they were added back to the bill a few lines later.
 
Looks like was wrong. Will be sure to put a hornets nest of calls and letters to my legislator's Very Shortly. My question stands tho. Why didn't we get alerts of this before hand.:cuss: you know so we can call and write and make a difference.
 
Because in Illinois, you really don't make a difference.

The only reason why Illinois is going through this and giving you a carry bill is because the Supreme Court forced the state to, not because the citizens of the state convinced the legislature to.

As long as you remember that in all your dealing with the issue, you'll have your head straight.
 
Why didn't we get alerts of this before hand. you know so we can call and write and make a difference.

That's a good question. The Illinois State Rifle Association seems to be proud of the fact that they got some "legislative intent" into the record while they were debating this bill. If you read their announcement in my first post you will see they are trying to distract us from the fact they failed to keep the legislature from making the concealed carry law more restrictive by trying to sell the notion that they got it into the legislative record that this bill did indeed preempt local ordinances.

That the original bill preempted local ordinances was never in doubt. It required a 3/5ths majority to pass because it limited home rule units of government. I doubt that Chicago, Cook County, Morton Grove or any of the usual suspects would have gotten any traction in the court if they had decided to try to preempt state law with a local ordinance.

In my opinion the ISRA is trying to put lipstick on this pig of a legislative failure.
 
Mike1234567:
You say that as if it is a bug and not a feature.

To a degree, I am, absolutely. Since this bill passed (corrected by Jeff White - thank you:)), one must never tell the wrong people, "I'm feeling very down today.", or "Dang, I'm really P-Oed at so-and-so for ripping me off".
 
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If this bill passes one must never tell the wrong people......

The bill passed. It is the law now. Quinn signed it on Friday, 6 December 2013.

http://www.ilga.gov/legislation/Bil...=69412&SessionID=85&SpecSess=0&Session=&GA=98

There seems to be some confusion here. This bill was passed last week while the legislature was in special session to do pension reform. Quinn signed it immediately.

There was no warning. No news reports on it that I can find. The ISRA let the cat out of the bag on Thursday with their weekly update.

Obviously the ISRA did not want our input into a deal they cut with Madigan and Quinn.

Has Quinn ever signed a bill so quickly? This bill has just made the CCW law worse and we were not given any warning at all.

Pearson and Vandermyde have some serious explaining to do!
 
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