102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3909

Introduced , by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:
430 ILCS 65/9.5

Amends the Firearm Owners Identification Card Act. Provides that a person who receives a revocation or suspension notice under the Act (currently, only revocation notice) shall, within 48 hours of receiving notice of the revocation or suspension: (1) surrender his or her Firearm Owner's Identification Card to the local law enforcement agency where the person resides; and (2) complete a Firearm Disposition Record on a form prescribed by the Department of State Police and place his or her firearms in the location or with the person reported in the Firearm Disposition Record. Provides that the Firearm Disposition Record shall contain a statement to be signed by the transferee that the transferee: (1) is aware of, and will abide by, current law regarding the unlawful transfer of a firearm; (2) is aware of the penalties for violating the law as it pertains to unlawful transfer of a firearm; and (3) intends to retain possession of the firearm or firearms until it is determined that the transferor is legally eligible to possess a firearm and has an active Firearm Owners Identification Card, if applicable, or until a new person is chosen to hold the firearm or firearms. Makes conforming changes.
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A BILL FOR

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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 9.5 as follows:
6 (430 ILCS 65/9.5)
7 Sec. 9.5. Revocation or suspension of Firearm Owner's
8Identification Card.
9 (a) A person who receives a revocation or suspension
10notice under Section 9 of this Act shall, within 48 hours of
11receiving notice of the revocation or suspension:
12 (1) surrender his or her Firearm Owner's
13 Identification Card to the local law enforcement agency
14 where the person resides. The local law enforcement agency
15 shall provide the person a receipt and transmit the
16 Firearm Owner's Identification Card to the Department of
17 State Police; and
18 (2) complete a Firearm Disposition Record on a form
19 prescribed by the Department of State Police and place his
20 or her firearms in the location or with the person
21 reported in the Firearm Disposition Record. The form shall
22 require the person to disclose:
23 (A) the make, model, and serial number of each

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1 firearm owned by or under the custody and control of
2 the revoked or suspended person;
3 (B) the location where each firearm will be
4 maintained during the prohibited term; and
5 (C) if any firearm will be transferred to the
6 custody of another person, the name, address and
7 Firearm Owner's Identification Card number of the
8 transferee.
9 (a-5) The Firearm Disposition Record shall contain a
10statement to be signed by the transferee that the transferee:
11 (1) is aware of, and will abide by, current law
12 regarding the unlawful transfer of a firearm;
13 (2) is aware of the penalties for violating the law as
14 it pertains to unlawful transfer of a firearm; and
15 (3) intends to retain possession of the firearm or
16 firearms until it is determined that the transferor is
17 legally eligible to possess a firearm and has an active
18 Firearm Owners Identification Card, if applicable, or
19 until a new person is chosen to hold the firearm or
20 firearms.
21 (b) The local law enforcement agency shall provide a copy
22of the Firearm Disposition Record to the person whose Firearm
23Owner's Identification Card has been revoked or suspended, the
24transferee, and to the Department of State Police.
25 (c) If the person whose Firearm Owner's Identification
26Card has been revoked or suspended fails to comply with the

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1requirements of this Section, the sheriff or law enforcement
2agency where the person resides may petition the circuit court
3to issue a warrant to search for and seize the Firearm Owner's
4Identification Card and firearms in the possession or under
5the custody or control of the person whose Firearm Owner's
6Identification Card has been revoked or suspended.
7 (d) A violation of subsection (a) of this Section is a
8Class A misdemeanor.
9 (e) The observation of a Firearm Owner's Identification
10Card in the possession of a person whose Firearm Owner's
11Identification Card has been revoked or suspended constitutes
12a sufficient basis for the arrest of that person for violation
13of this Section.
14 (f) Within 30 days after the effective date of this
15amendatory Act of the 98th General Assembly, the Department of
16State Police shall provide written notice of the requirements
17of this Section to persons whose Firearm Owner's
18Identification Cards have been revoked, suspended, or expired
19and who have failed to surrender their cards to the
20Department.
21 (g) A person whose Firearm Owner's Identification Card has
22been revoked or suspended and who received notice under
23subsection (f) shall comply with the requirements of this
24Section within 48 hours of receiving notice.
25(Source: P.A. 98-63, eff. 7-9-13.)