Author Topic: Illinois about to way overplay their hand on the FOID Card  (Read 1291 times)

Scout26

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On May 29th, the Illinois state House of Representatives voted 62-52 to pass Senate Bill 1966, sending the amended version back to the state Senate for further consideration.  Among other things, they would increase the fees and also impose a mandatory fingerprinting requirement for both new FOID and renewal applications.  Please contact your state Senator and urge them to OPPOSE SB 1966.  Click the “Take Action” button below to contact your state Senator.
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Senate Bill 1966, sponsored by Representative Kathleen Willis (D-77), would:

    Criminalize private transfers, with violations being punished as a Class 4 felony.
    Require the recipient of a firearm gifted by a family member to call into Illinois State Police within 60 days to run a background check on themselves, even though they must already hold a FOID.
    Allow for the indefinite delay of firearm transfers. 
    Mandate FOID applicants submit fingerprints, including for renewals, which would not add anything of investigative value.
    Increase FOID processing time from one calendar month to thirty business days, which can span more than six weeks.
    Reduce the duration of the FOID from ten years to five while also increasing the application fee from $10 to $20, resulting in a significant increase in the cost to maintain a FOID for the same amount of time.
    Require FOID applicants pay all costs for fingerprinting and processing the background check, totaling around $150 on top of the application fee.
    Prohibit those with a revoked FOID from transferring firearms to another FOID card holders in the same household and also take away the right to self-defense from individuals due to the alleged actions of someone else in their household.
    Require the owner of the seized firearms to petition the court to have them transferred to a third party.

This is going to pass and be signed by our new Democrat overlord governor.   Which will probably end with the death of the FOID card.

Given the 7th Circuit Court of Appeals ruled in EZELL that the closer to the core right the stricter the scrutiny, this has no chance of standing up in court.  The arugment can be made that news reporters would have apply for a $20 1A card, which would be good for 5 years and require a background and fingerprinting totaling $150 on top of the application fee, etc.    Which would probably get the entire FOID law struck down.

Anyway, fun times ahead. 

Oh, and they are also going to put a Progressive Income Tax proposal (without brackets or rates) on the ballot this fall.  It's a real joy having a Democrat super-majorities in both houses and a (billionaire) Democrat governor. 
Some days even my lucky rocketship underpants won't help.


Bring me my Broadsword and a clear understanding.
Get up to the roundhouse on the cliff-top standing.
Take women and children and bed them down.
Bless with a hard heart those that stand with me.
Bless the women and children who firm our hands.
Put our backs to the north wind.
Hold fast by the river.
Sweet memories to drive us on,
for the motherland.

makattak

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #1 on: May 31, 2019, 09:57:02 AM »
This is going to pass and be signed by our new Democrat overlord governor.   Which will probably end with the death of the FOID card.

Given the 7th Circuit Court of Appeals ruled in EZELL that the closer to the core right the stricter the scrutiny, this has no chance of standing up in court.  The arugment can be made that news reporters would have apply for a $20 1A card, which would be good for 5 years and require a background and fingerprinting totaling $150 on top of the application fee, etc.    Which would probably get the entire FOID law struck down.

Anyway, fun times ahead. 

Oh, and they are also going to put a Progressive Income Tax proposal (without brackets or rates) on the ballot this fall.  It's a real joy having a Democrat super-majorities in both houses and a (billionaire) Democrat governor. 

My grandmother is pretty much all that's keeping my parents in that <insert Trumpian epithet here> state.

I keep trying to encourage my sister to move, as well... I just realized that with the job market the way it is, NOW is the time to go. Texting her now.
I wish the Ring had never come to me. I wish none of this had happened.

So do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given to us. There are other forces at work in this world, Frodo, besides the will of evil. Bilbo was meant to find the Ring. In which case, you also were meant to have it. And that is an encouraging thought

Scout26

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #2 on: May 31, 2019, 10:03:45 AM »
From Ezell

Quote
Heller suggests that some federal gunlaws will survive Second Amendment challenge because they regulate activity falling outside the terms of the right as publicly  understood when the Bill of Rights was ratified; McDonald confirms that if the claim concerns a state or local law, the “scope” question asks how the right was publicly under‐stood when the Fourteenth Amendment was proposed and ratified.  Heller,554U.S.at625‐28;McDonald,130S.Ct.at3038‐47.
Accordingly, if the government can establish that a challenged firearms law regulates activity falling outside the scope of the Second Amendment right as it was under‐stood at the relevant historical moment—1791or1868—then the analysis can stop there; the regulated activity is categori‐cally unprotected, and the law is not subject to further Second Amendment review. If the government cannot establish this—if the historical evidence is inconclusive or suggests that the regulated activity is not categorically unprotected - then there must be a second inquiry into the strength of the government’s justification for restricting or regulating the exercise of Second Amendment rights. Heller’s reference to “any...standard[] of scrutiny” suggests as much. 554U.S.at628‐29.
McDonald emphasized that the Second Amendment “limits[,] but by no means eliminates, ”governmental discretion to regulate activity falling within the scope of the right. 130S.Ct.at3046(emphasis and parentheses omitted). Deciding whether the government has transgressed the limits imposed by the Second Amendment—that is,whether it has “infringed” the right to keep and bear arms—requires the court to evaluate the regulatory means the government has chosen and the public‐benefits end it seeks to achieve.  Borrowing from the Court’s First Amendment doctrine, the rigor of this judicial review will depend on how close the law comes to the core of the Second Amendent right and the severity of the law’s burden on the right.  See generally, Volokh, Implementing the Right to Keep and Bear Arms for Self‐Defense,56UCLAL.REV.at1454‐72(explaining the scope, burden, and danger‐reduction justifications for firearm regulations post‐ Heller);  For all other cases, however, we are left to choose an appropriate standard of review from among the heightened standards of scrutiny the Court applies to governmental actions alleged to infringe enumerated constitutional rights; the answer to the Second Amendment “infringement” question depends on the government’s ability to satisfy whatever standard of means‐end scrutiny is held to apply.
Some days even my lucky rocketship underpants won't help.


Bring me my Broadsword and a clear understanding.
Get up to the roundhouse on the cliff-top standing.
Take women and children and bed them down.
Bless with a hard heart those that stand with me.
Bless the women and children who firm our hands.
Put our backs to the north wind.
Hold fast by the river.
Sweet memories to drive us on,
for the motherland.

Scout26

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #3 on: May 31, 2019, 10:06:58 AM »
My grandmother is pretty much all that's keeping my parents in that <insert Trumpian epithet here> state.

I keep trying to encourage my sister to move, as well... I just realized that with the job market the way it is, NOW is the time to go. Texting her now.

Currently the State does NOT tax retirement income (anything reported on a 1099-R; Pensions, 401k and IRA disbursements, etc.) However, even though the proposed ballot initiative won't mention it, taxing retirement income will be part of the new income tax structure... 
Some days even my lucky rocketship underpants won't help.


Bring me my Broadsword and a clear understanding.
Get up to the roundhouse on the cliff-top standing.
Take women and children and bed them down.
Bless with a hard heart those that stand with me.
Bless the women and children who firm our hands.
Put our backs to the north wind.
Hold fast by the river.
Sweet memories to drive us on,
for the motherland.

lee n. field

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #4 on: May 31, 2019, 10:07:40 AM »
My grandmother is pretty much all that's keeping my parents in that <insert Trumpian epithet here> state.

I keep trying to encourage my sister to move, as well... I just realized that with the job market the way it is, NOW is the time to go. Texting her now.

Family, grandkids, and relative poverty are all that keep me.  
In thy presence is fulness of joy.
At thy right hand pleasures for evermore.

WLJ

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #5 on: May 31, 2019, 10:12:26 AM »
Meanwhile even more reason to have a gun

Cook County Sheriff Tom Dart: 51 People Charged With 1st Degree Murder Are on Home Confinement
https://www.thetruthaboutguns.com/2019/05/john-boch/cook-county-sheriff-tom-dart-51-people-charged-with-1st-degree-murder-are-on-home-confinement/
"Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us".
- Calvin and Hobbes

lee n. field

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #6 on: May 31, 2019, 10:14:11 AM »
Meanwhile even more reason to have a gun

Cook County Sheriff Tom Dart: 51 People Charged With 1st Degree Murder Are on Home Confinement
https://www.thetruthaboutguns.com/2019/05/john-boch/cook-county-sheriff-tom-dart-51-people-charged-with-1st-degree-murder-are-on-home-confinement/

Cook Co. Sheriff Dart, who files LE objections to all the IL CCW applications he can.
In thy presence is fulness of joy.
At thy right hand pleasures for evermore.

WLJ

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #7 on: May 31, 2019, 10:21:51 AM »
Glad I live in a free state where this crap don't fly.
"Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us".
- Calvin and Hobbes

Kingcreek

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #8 on: May 31, 2019, 10:22:59 AM »
I'm here in madiganistan until I retire, 5-6 years.
But everyday those bastards give me another reason to look for property in Iowa Wisconsin or Missouri.
One problem here is the high property taxes on top of declining values. Hard to predict now what one commercial property and a nice home on 40 rural acres will be worth when I cash out.
As to the crazy progressive gun agenda? F them all to heck. Whatever hardware I have will move out of the state with me. My CCL was just renewed and my Foid is good for 5 more years. I will not register or surrender anything and I'm not playing any of their games other than what I'm already doing.
What we have here is failure to communicate.

Scout26

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #9 on: May 31, 2019, 03:39:01 PM »
Along with Heller and MacDonald, the lesser known Ezell case is very important as it goes to establish the types of scrutiny that courts can use when it comes to laws and regulation of guns.

It never went to the Supremes, simply because the Anti-'s feared losing a third time and having the door swing open to the challenge to every gun law.

https://www.saf.org/wp-content/uploads/2013/08/ezelldecision.pdf
Some days even my lucky rocketship underpants won't help.


Bring me my Broadsword and a clear understanding.
Get up to the roundhouse on the cliff-top standing.
Take women and children and bed them down.
Bless with a hard heart those that stand with me.
Bless the women and children who firm our hands.
Put our backs to the north wind.
Hold fast by the river.
Sweet memories to drive us on,
for the motherland.

WLJ

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #10 on: June 05, 2019, 01:18:56 PM »
Stick a fork in the fingerprint bill........for now.

Quote
Residents of the Land of Lincoln will not have to submit fingerprints and pay upwards of $150 in order to own, shoot or even touch firearms after all. House Democrats voted to pass the measure last week. However, sensing the outrage of gun owners, the Illinois Senate’s Democrat leadership killed the bill and closed out their spring session without acting on the bill.

Illinois: ‘Fingerprints for FOID Cards’ Fails To Pass
https://www.thetruthaboutguns.com/2019/06/john-boch/illinois-fingerprints-for-foid-cards-fails-to-pass/
"Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us".
- Calvin and Hobbes

MechAg94

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #11 on: June 05, 2019, 04:20:12 PM »
Do they collect finger prints for Driver's licenses there?  I guess FOID cards don't require that now.

Last time I renewed my driver's license, I had to go to the DPS office and they scanned my fingerprints.  For our License To Carry, we have to submit a finger print card.
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

Kingcreek

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #12 on: June 05, 2019, 06:32:56 PM »
Do they collect finger prints for Driver's licenses there?  I guess FOID cards don't require that now.
They do not.
This bill didn't come up for vote this session but it's not gone for good.
What we have here is failure to communicate.

lee n. field

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Re: Illinois about to way overplay their hand on the FOID Card
« Reply #13 on: June 05, 2019, 07:46:15 PM »
Do they collect finger prints for Driver's licenses there?  I guess FOID cards don't require that now.

Last time I renewed my driver's license, I had to go to the DPS office and they scanned my fingerprints.  For our License To Carry, we have to submit a finger print card.

IL CCW app doesn't require fingerprints, but it's supposed to speed it up a tad.  Can't just go to any random place, though.  Got to be a Livescan vendor.  My recollection is that at least some folks agitating for this bill were connected to Livescan.
In thy presence is fulness of joy.
At thy right hand pleasures for evermore.