Illinois: Anti-Gun Bills Moving Quickly

House Bill 562, to make it harder to obtain a FOID, and to place onerous restrictions on private transfers, has been assigned to the House Judiciary Committee. This bill could be heard at any time. House Bill 1092, to expand Illinois’ program of seizing firearms without due process, is back in the Senate for further consideration.

Please contact your state representative and ask them to OPPOSE HB 562.

Please contact your state senator and ask them to OPPOSE HB 1092.

Senate Amendment 1 to House Bill 562 changes the FOID review process by creating a partisan review board appointed by the governor and does not define or limit fees for FOIDs. This will make it more expensive and difficult for citizens to exercise a constitutional right. Senate Amendment 2 requires anyone who receives a firearm in a private transfer to provide a record of the transfer to a licensed firearm dealer within ten days. The dealer must keep the record for twenty years and may charge up to $25 for keeping it. The recipient of the firearm must be able to provide the name of the firearm dealer maintaining the record for that particular firearm upon demand by law enforcement. Failing to do so is a Class A misdemeanor on the first offense or a Class 4 felony for subsequent offenses.

House Amendment 1 to House Bill 1092 widens the definition of “family members” who can petition for an order that will cause an individual to have their constitutional right suspended, and their property seized. These “Firearm Restraining Orders” are issued following baseless accusations, and without a hearing or other opportunity for the respondent to be heard in court. This bill also expands the items to be seized, to include ammunition as well as firearm parts. This law attacking the right to due process should be repealed, not expanded.

A person subject to a suspension of a Constitutional right should be entitled to high evidentiary standards, an opportunity to be heard, and the right to face his or her accusers. Civil liberties advocates from across the political spectrum have expressed concerns about these “red flag” schemes and how the procedure may lead to abuses of the process, due to insufficient due process protections.

Again, please contact your state representative and state senator and ask them to OPPOSE these bills.