LOSE YOUR DATA, LOSE YOUR RIGHTS: Illinois legislature passes FOID law with the help of ISRA
The Lincoln State NRA’s state subsidiary helped negotiate a new bill to modernize the much-hated Gun Owner’s Identity Act. The Illinois State Rifle Association was neutral to the new gun control language after it was formally introduced and tacitly supported the passage of HB562, while every other gun rights organization was on record against the measure.
ISRA’s surprising neutrality in terms of the final language was actually discussed during the brief Senate debate before the Senate bill passed. It is now going back to the House of Representatives for a pro forma consensus vote.
So what has the ISRA lobbying team achieved in its negotiations? HB562 now requires that all private gun sales be reported by the gun purchaser to a state-licensed dealer within 10 days (for a fee of up to $ 25 per gun). This creates a completely new record-keeping requirement in addition to the existing ten-year record-keeping requirement for the seller. Additionally, it also smells very much like the precursor to the formal gun registration in Honest Abe’s home state.
If the buyer fails to record and keep the name of the dealer to whom the purchase was reported, you could lose your gun rights completely. Welcome to Illinois.
If paying $ 25 for the privilege of registering your purchase of a gun through a lawful private sale sounds a lot like a federal tax on the purchase of a firearm, you’re right.
Will gang members in Chicago – as of this writing, with 267 murders (more than 31 entire states reported for full 2019) – spend $ 25 to register each of their “acquisitions” in their local guns store? We have no doubt.
Sights are overrated by villains. Guns seized by the Chicago Police. You notice what is still missing in this photo: A FOID card. Image via Twitter of the Chicago Police Department.
What if Joe Sixpack says, “Fuck it! It’s none of the government’s business and I’m not registering the 12 guns I inherited from Uncle Alexander … especially for $ 25 apiece ”? Failure to report the first weapon received is a Class A misdemeanor. The second or more unreported weapons make it a crime – as you will lose your gun rights forever.
This is the deal that the Illinois State Rifle Association’s lobbying team negotiated with the Democrats who enforce this law. And that was the day after a law stalled in the same Illinois Senate mandating electronic fingerprinting and the elimination of private gun sales.
When we contacted ISRA to explain why they took a neutral stance on what many of us viewed as a bad bill for gun owners, Richard Pearson, Executive Director of the group, replied, “Dealers don’t have to do this, they aren’t is responsible for the accuracy of the records and we get people their FOID cards and ICCLs [Illinois concealed carry licenses]. Tomorrow is another day. “In a subsequent SMS he wrote:” There are some lazy bastards involved. Explain later. Much later. “
What else does this new bill require? All urgent court decisions now demand the suspension of the gun rights for the accused, including those issued ex parte without the accused being present. That is a complete lack of due process
So far, only protection orders that provided for a gun ban resulted in a (temporary) revocation of gun law. In other words, under this bill, all emergency court orders will become red flag weapons confiscation orders.
Under the terms of HB562, these will now automatically suspend a person’s gun rights, but later, if a judge later rejects the ex parte emergency call order or it expires, the ISP will lift the suspension. When they get to it.
Currently, FOIDs are being revoked and those with defunct protection orders affecting firearm possession will have to apply from scratch and wait (and wait) months for the state to issue a new FOID card.
When asked whether the state’s largest and most influential gun rights organization, the National Rifle Association – Institute for Legislative Action, played a role in these negotiations between ISRA and the sponsors of the bill, Illinois NRA-ILA representative John Weber said “No”.
Mr Weber noted that gun owners had recently won a case in which the FOID law was declared unconstitutional.
Has there really been a compromise in legislation reforming the FOID law with this judgment in our favor and a number of other pending lawsuits challenging the entire FOID system?
Other problematic areas in HB562 include the governor’s appointment of a partisan FOID review panel to evaluate revocation requests and firearms restoration petitions for reformed felons. Given how Pritzker once ran for Congress to ban the private possession of handguns, one has to be remarkably naive to believe that there is an NRA membership card in your wallet with every appointment.
Since HB562 does not provide a verification standard for these FOID appeals, any previous due process standard could be thrown under the table to simply block all appeals and rights restoration claims.
HB562, on the other hand, would enable electronic versions of FOID cards and carry licenses. For a voluntarily submitted set of electronic fingerprints (approximately $ 75 to $ 100 per set), the bill also provides for lifetime renewals of FOID cards with an additional approximately $ 30 in fees on top of the current $ 10 renewal fee for one 10-year card before. Not exactly a bargain for retirees.
Once again, this bill offers little success for law-abiding gun owners and potential gun owners in the state of Lincoln, and many reasons for gun rights organizations to oppose it. But not enough reasons for ISRA to defend itself against it.