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4 Firearm Owner's Identification Card was revoked or denied to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
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specify that the Illinois State Police must return the confiscated firearms and ammunition if or when the revocation is rescinded.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.