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Illinois Moves to Confiscate Guns, Ammo From Those With Revoked FOIDs, With NO Provision For Return

March 11, 2019

confiscate

Lose your FOID to revocation, lose your guns. And you won't get them back. Regardless if a court or the Illinois State Police rescind the revocation. That's the what happens under a new bill currently being seriously considered in Illinois.

Following the Aurora massacre and revelations of the ISP's screw-up in failing to ensure a felon had relinquished his gun, this bill stands a good chance of not only passing into law, but doing so very quickly in the Land of Lincoln.

Greg Bishop from the Illinois News Network broke the details of the new bill.

A state senator is filing legislation he says would fix problems with Illinois’ Firearm Owner Identification cards after a shooting last month in Aurora exposed flaws in the system…

State Sen. Michael Hastings, D-Tinley Park, said he has language in an amendment to Senate Bill 44 that he’s filing to require better information be reported and shared to catch such instances quicker…

Another amendment to Hastings plans for SB44 would require state police to “confiscate the person’s Firearm Owner's Identification Card, firearms, and ammunition that are in his or her possession” upon revocation of a persons FOID card.

Illinois State Police said that in 2018, more than 75 percent of the more than 10,800 FOID card revocation notices and subsequent Firearm Disposition Records were never returned…

Indeed Hastings' bill does just that.

21       Upon revocation of a person's Firearm Owner's
22   Identification Card, the Department of State Police shall (i)
23   provide notice to the person; (ii) confiscate the person's
24   Firearm Owner's Identification Card, firearms, and ammunition
25   that are in his or her possession; and (iii) report the name
26   and other identifying information of that person to the
10100SB0044sam001 – 13 – LRB101 06608 SLF 57337 a

1   National Instant Criminal Background Check System database
2   within 15 business days. The and the person shall comply with
3   Section 9.5 of this Act. It is unlawful for a person whose
4   Firearm Owner's Identification Card was revoked or denied to
5   possess a Firearm Owner's Identification Card, firearms, or
6   ammunition.

Nowhere in Hastings' bill does it specify that the Illinois State Police must return the confiscated firearms and ammunition if or when the revocation is rescinded. Furthermore, the law doesn't mandate the ISP store the confiscated property, either. That suggests confiscated firearms would be destroyed periodically alongside crime guns.

This horrific bill has all manner of issues, not the least of which is Illinois' new 'red flag' court orders. These ex parte, due process-free orders allow for the revocation of a FOID card until a formal hearing a week or so later.

Under Hastings' bill, mere issuance of the red flag order would result in the confiscation of potentially tens, if not hundreds of thousands of dollars in personal property by the state. All without being returned, even if the red flag order is eventually dismissed.

Not only that, but imagine if your 18-year-old son or daughter who lives at home has their FOID card revoked. The State Police then show up at your house and begins carting off YOUR guns and ammunition, too citing Hastings' new law.

No doubt ISP will tell you to litigate ownership of the guns and ammo in court as they drive off with a load of your property. And remember, you likely won't see any of it again under this bill. Certainly not without spending many thousands of dollars on legal representation.

As for those of you living in the 56 states outside of Illinois, why should you care? If this passes in Illinois, rest assured Michael Bloomberg's money and minions will try to take it to every state where they think they can push it through. At least until the courts strike it down.

20 Responses to Illinois Moves to Confiscate Guns, Ammo From Those With Revoked FOIDs, With NO Provision For Return

  1. Wallace on March 11, 2019 at 6:53 am

    YOU are innocent until proven guilty. Your PROPERTY is guilty until you prove it innocent. No attorney will be provided to represent your property. This bill is scary on many levels. 

  2. Phil on March 11, 2019 at 7:54 am

    Deuteronomy 4: 7-9. "Lest we forget …"

  3. GSL1598 on March 11, 2019 at 12:00 pm

    Criminals do not obey laws, a criminal that happened to get an FOID card is (was) still a criminal, did not surrender his illegally obtained FOID card and the firearm(s) he purchased with said illegal FOID permission card, and now an anti-gun representative wants ALL legal FOID card holders and legal firearm owners to be punished if someone has a greivance against them, right or wrong.

    Punish the criminals for the crimes they have committed and leave the lawful firearms owners be.

  4. old buzzard on March 11, 2019 at 12:34 pm

    Lived in Illinois all my life. However I am leaving this state as it has become an asylum for  lunacy not to mention the continued diesregard for the Constitution and massive political corruption. Two other familes on my block are also leaving next year. Way to go JB, there goes 17 more hard working, income tax paying citizens,,,gone!

  5. israelfirst on March 11, 2019 at 3:20 pm

    Seems that our Chicago friends hate our guts so much that they want door to door confiscations even if a FOID card is only expired or in the renewal process. Add in the fact  most FOID cards are revoked do to divorce proceeding or child support issues. It seems a bit much to kick in doors and risk harm to  people over a piece of paper called a FOID card.  A law that should have never been.

    Found the following statement at ammoland

    [ These confiscations would be facilitated by the de facto firearm registration recently signed into law by Governor J.B. Pritzker.  The creation of such gun seizure infrastructure along with registration would also facilitate future confiscations of commonly-owned firearms if arbitrarily banned or firearms from those who have their Second Amendment rights wrongly revoked without due process ]

    Bottom line…

    The democrats want Hunter, Killer Teams, to Hunt Down gun owners for the smallest offense.  The state revokes 10,000 plus FOID cards a year; that means the democrats want to kick in 10,000 plus doors every year to teach, gun owner, christians and white people a lesson. 

    [All of this, because we have a laws like the 1968 GCA and Illinois FOID card that should never have been written or passed. We were fine before these laws and we can be fine once they are repealed.] 

    What could possibly go wrong 

  6. Chris L. on March 11, 2019 at 3:34 pm

    What happened to the Constitutional right to "Bear Arms" SHALL not be infringed!?!?!

    • Rick O’Chet on March 11, 2019 at 9:25 pm

      A majority of Illinois’ over 2,000,000 FOID card holders don’t vote, call their legislators, file witness slips, march for IGOLD, or belong to the NRA, GSL, etc. Complacency is killing us all.

  7. israelfirst on March 11, 2019 at 5:07 pm

    I would say, things have changed for the worse. 

    Watch the video and see how America used to be in the 50's and 60's. 

    https://www.youtube.com/watch?v=l8fU3_VMeL8

    [This was before the passage fo the 68 GCA and FOID card laws.] 

  8. Joseph Mudra on March 11, 2019 at 5:46 pm

    Illegal search and seizure.  When did the constitution get cancelled?

  9. Dale Lock on March 11, 2019 at 7:35 pm

    Let us all show Springfield what we think of these types of bills.

    Attend IGOLD March 27, 2019, at the Bank of Springfield Center (formerly Prairie Capital Convention center).  Doors open at 10:30 am.

  10. Puttingthetruthout on March 11, 2019 at 8:35 pm

    So, I am very curious to see the proposal for funding this Illinois " side show". Illinois in general doesn't have a pot to "P" in…… Budget cuts here, unfinished projects there, can't pay their bills due to lack of money, BUT…. They are going to create, fund, and dispatch confiscation teams for potentially thousands of missions a year? 

    I don't doubt for 1 second that this is their intention, desire, and goal (and I don't like it one bit)….. But it sounds like they are dreaming. 

    • george b on March 11, 2019 at 10:14 pm

      You got it friend; Illinois doesnt have a pot to pi$$ in but they will find money to kick in doors and take private property. 

      The FOID card law and the 68 GCA gives them the right, or at least they think so. 

      I agree with the comment that said; we were fine before these laws [ 68 GCA/ FOID card] and we will be fine after they are gone.

  11. Jared Doc Lang on March 12, 2019 at 1:26 am

    This is what you get Illinois and  America for allowing these people to come into power.  You will never learn.  You will bitch and complain but never do anything real like literally fight for the rights my brothers, sisters and forefathers have given you and fought for.

     

  12. Hop on March 12, 2019 at 10:04 am

    Irony! The oppressive, tyrannical Soviet Union along with the countries behind the Iron Curtain and Warsaw Pact fall and the West rejoices. Yet today we observe similar oppressive, tyrannical attitudes, demeanors and conduct throughout the West, which was decried for decades, prevalent amongst our "leaders" and people within "authority". Ironic, sad and troublesome. We are headed for tyranny and oppression. The political police have been formed. All these posts will be used against us as evidence to remove our rights and impose subjugation.

  13. Hop on March 12, 2019 at 10:33 am

    "And in our First and Second Amendments, our Founders gave us, each one of us, the two freedoms that historically belonged only to the upper class. Our Founders gave us the freedom to speak freely, boldly and honestly. And they gave us the freedom to bear arms in defense of ourselves, our families and our nation." – Wayne  Lapierre, NRA

    https://www.newsbusters.org/blogs/nb/jeffrey-lord/2019/03/09/fox-nra-and-liberal-repression-dissent

     

  14. Michael H. on March 12, 2019 at 12:03 pm

    Typically the the way this happens in most instances is completely different from the picture at the top of this article. I sincerely doubt that the police breaking down the door in the photo are coming to confiscate anyone's guns, or rather they are on a drug raid.  most law-abiding citizens who have this issue come up will simply deliver their firearms to the authorities. While the issue of return of firearms is important, perhaps the author does not need to be quite so alarmist.  If you're worried about getting the guns back in the event that your card is taken wrongly, then contact the legislators who are proposing this bill and ask them to write in a provision the provides for the return of firearms and ammunition once gun ownership rights are restored.  You could even go a step further and ask the legislators to develop a process where somebody who has their firearms rights permanently removed is able to sell the firearms or transfer them to somebody else so they do not lose a valuable personal property.

     

    The gun rights community would do well to recognize and acknowledge that there are some people who should not possess firearms, whether that's on a temporary or permanent basis, because of mental health concerns, or history of criminal or violent behavoir.  Law abiding gun owners really should get involved in the process and shape legislation rather than complaining about it.

    • Garrison Hall on March 19, 2019 at 6:12 pm

      "I sincerely doubt that the police breaking down the door in the photo are coming to confiscate anyone's guns, . ."

      How wonderfully naive of you to think this.  If your FOID card is revoked or if you are made a target of a red-flag complaint the police have every reason to decide that you are ARMED AND DANGEROUS and will most definitely show up at your door—-unannounced, in force and armed to the teeth.  To serve the warrant, they will happily make a "dynamic entry"—they'll break your door in, shoot your dog, and quite possibly kill you and members of your family.  They will then issue the usual "officer safety" justification and be exonerated by local and state officialdom.     

  15. Hop on March 12, 2019 at 3:29 pm

    When dealing with people who swear to uphold the US Constitution but yet they are so obviously and firmly determined on undermining that very Constitution then inquiry, supplication, appeal and debate are futile endeavors. These "legislators" and "leaders" have no interest in debating with Gun Owning voters nor in controlling gun violence. They surround themselves with pundits, agenda-pushers, advocates, scholars, attorneys, community organizers who hold their very views. Their goal is to burden the Lawful, Law-Abiding Gun Owner out of Gun Ownership and to diminish the relevancy of the 2d Amendment; to harvest the Citizens’ weapons; to destroy the NRA, like-minded orgs and the Gun Rights Community; to appropriate and allow the government to become the Only Lawful Gun Owner of the land.

    If they were earnest in intention then current statutes, case law, sentencing, ect., would be followed to the Letter of the Law. When the Administration of Justice is obstructed and plea bargained down and recidivists are slapped on the wrist by Courts it demonstrates there is no interest or will to punish the criminal for their gun crimes but rather to use the incident and stats to argue for further restrictions on Law-Abiding and Lawful Gun Owners and the 2d Amendment to the Bill of Rights. Criminals are not even figured into the equation it seems.

    When govt officials and bureaucrats drop the ball and are not held accountable in their duty of providing FBI NICS with the necessary information mandated by the Law to prevent the mentally disturbed or the violently inclined felon from obtaining firearms that speaks volumes to the Law-Abiding Gun Owner and ardent supporter of the US Constitution and its Bill of Rights.

    It seems apparent that other aims and outcomes are furtively sought.

    Statute by statute, regulation by regulation, infringement upon infringement, deception upon deceptions, lies upon lies; it is obvious that the goal of Antis and Tyrants is to heavily burden and fatigue the Gun Owner and the surrounding industry with compliance upon compliances that do nothing to curb crime. The goal is disarmament.

    Confiscation is but one method and avenue. More heavy burdens, more compliances. Another in a long train of abuses and usurpations pursuing invariably the same object and outcome. A history of repeated, incessant abuse and usurpation for the relinquishment of a Constitutional Right, fatiguing them into those compliances.

    Infringement of the 2d Amendment is the work of cloaked Tyrants whose hidden aim is to invade the Rights of the People and not to subdue the nefarious predator or wicked, indictable criminal. Disarmament of the people is the goal.

     

     

  16. israelfirst on March 13, 2019 at 2:30 pm

    I will phrase this as a question so i dont get sued… What if  the Jussie Smollett Racist hoax attack that occurred Jan 29 2019,  had a impact on the Aurora Illinois shooting  Feb 15 2019. 

     

     

  17. DW on March 14, 2019 at 1:14 am

    Chicago want's compliant disarmed slaves.