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

illinois gun cofiscation FOID

AP Photo/M. Spencer Green

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4   Firearm Owner’s Identification Card was revoked or denied to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that the Illinois State Police must return the confiscated firearms and ammunition if or when the revocation is rescinded.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

comments

  1. avatar dave in Houston says:

    Sieg Heil, Brown Shirts!

    1. avatar John in Ohio says:

      They keep it up and I wouldn’t be at all surprised if they become brown pants.

    2. avatar GunnyGene says:

      Brown shirts? No, they should wear Red shirts. You know, so the blood won’t show.

      1. avatar Ing says:

        It still shows. I hope this crap can be defeated peacefully so nobody has to find that out the hard way.

        1. avatar Demohater says:

          Let the body’s hit the floor

    3. avatar coyote hunter says:

      the fuse is almost lit…..

  2. avatar Sam says:

    This shouldn’t be surprising to anyone. Wasn’t that a huge point of the FOID thing in the first place? You could only possess firearms with it? What did people think would happen if it got revoked? They never should have let that FOID shit even be a thing in the first place.

    1. avatar John in Ohio says:

      Absolutely. The system is operating as designed; to infringe.

      1. avatar Chucker says:

        Is registration of gun owners any different than registration of the guns themselves? Either will result in the abuse or complete violation of due process or any other of our specifically enumerated rights so viewed as detrimental to the greater good.

  3. avatar Erik says:

    It seems as though the stupidity of leftists is moving us all a little closer to critical mass.

    1. avatar EWTHeckman says:

      Especially if they follow the new practice started by the … woman … in Florida of rescinding valid FOID’s by “mistake.”

      This is getting very scary. I do not want CWII, but they seem dead set on it.

      1. avatar Justin Case says:

        “Especially if they follow the new practice started by the … woman … in Florida of rescinding valid FOID’s by “mistake.””

        Actually there IS no FOID (yet) in Florida. What you’re probably thinking of was the seemingly arbitrary rescinding of Concealed Carry Licenses. All you mid-westerners should move to Florida & vote Republican so we’ll all have at least ONE state we can reclaim from the damned lefties! You can leave your heavy jackets & mittens at the door…

        1. avatar EWTHeckman says:

          You’re correct. They aren’t exactly the same thing. One is government permission to carry concealed, one is government permission just to own. The key similarity is that both are centered around government permission, and tactics that are used to abuse one can be used for the other.

          Given that Illinois is even more aggressively violating the 2nd Amendment than Florida, seeing them adopt an anti-gun tactic used in Florida seems likely—especially with the grab and destroy without return being proposed by this bill. Combining the two would result in straight up gun confiscation, with only the tissue thin fiction of “error” to pretend that it’s legitimate.

        2. avatar Snuffy Smiff says:

          Please do not encourage any more yankees to move to FL-as far too many get there and then decide they don’t like it there (too many of their ilk are already there!) So they pack it up and start to go back home and then light here in the mountains of NE GA and western NC where they are commonly referred to as “half-backs”. This used to be a great place to live until the influx began. Now? The ones that are settled here are all wanting things to be just like they were up north from whence they came… Sorry, but we who were born and raised here do not want things to be like that!

        3. avatar Gadsden Flag says:

          In Florida it is in the state constitution that no property can be seized by the state without compensating the citizen. Excepting property seized as a result of a felony arrest and conviction. This is a matter of consternation for some of our more uh, progressive legislators. Fuck ‘um. Even then I can drive you past a house today where we seized multiple kilos of cocaine, six figures in cash and a Sig .380 stolen from a deputy I worked with. Among other firearms. He’s in federal prison. We let her keep the house. Wasn’t her fault. Even though we all knew she knew what was going on.

    2. avatar strych9 says:

      Occam’s Razor not withstanding, assuming these people are stupid is a very dangerous assumption to make.

      When someone trips, falls down and then gets up with both shoes miraculously tied it’s unusual. When it happens all the goddamn time it’s a subterfuge.

  4. avatar former water walker says:

    Ummm…I’m thinking there’d be a bit of lead time. Enuf for a boating accident anyway. Or a move to Indiana. They’re already whining about “gun violence” in the shooting of a cop at a motel in Rockford,IL(HINT: the perp was a fugitive from justice!)

    1. avatar binder says:

      Well John was blaming the ISP that they did not hunt him down, when his FOID was revoked, and now that they are going to start doing that he is complaining again.

      As far as I can tell the ONLY people who ever tracked down and prosecuted people for lying on the FOID card were Cook County DAs, back when Daley was in office.

      How about everyone here just git over the fact that there are a LOT of guns in circulation and there is NO way the cops / government are ever going to fully protect us. The most we can home for is that they can provide justice AFTER the fact so society as a whole does not digress into the mess on the south side of

    2. avatar Victoria Illinois says:

      I’m thinking there would be no time. If the red flag law never lets you know what’s going on, you would never have a chance to give your guns to a friend or even neighbor. The SWAT team just shows up at your door. Where are the democrats that own guns??

      1. avatar Rich H says:

        Really, number one there is no justice for you if your murdered! Some asshole prosecutor will make a plea agre and the asshole who murdered you will not serve as much time as some low level drug dealer who sold two 8 bills of crack! And as far as going to the ballot box and voting them out, I live in NY, the state of emperor Cuomo and the democratic Nazi party! I’m sure just posting comments on a web site could get me a visit from the local Gestapo for saying the wrong thing! Aren’t we getting to that point? How long will it be until all sites like Facebook and even ff are monitored for comments that are deemed dangerous!

  5. avatar Gadsden Flag says:

    Firearms? Oh yeah! I was just about to call you guys. They were stolen in a burglary, or were they lost in a boating accident? Yeah! Yeah, that’s it! A boating accident. Anyway, there ain’t no guns in my house. Come on in and look around.

    1. avatar John Boch says:

      Dropped ’em off at the last Chicago gun buyback.

      1. avatar Gadsden Flag says:

        Good one! 😃

  6. avatar Guy Tuten says:

    sounds like a 2nd adamant case to me on all the states that require yo to get permission to buy a gun

  7. avatar John in Ohio says:

    “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.”

    We should also care because fellow free individuals are having their unalienable rights grossly violated.

    *IF* the courts strike this garbage down. IF… Consistently, government grabs the whole pie. People eventually may get their grievances heard in court. Then, people are lucky if the courts give them part of their own pie back.

    1. avatar gator says:

      As far as I know , there are only 49 states outside of Illinois. Wonder where they found 7 more?

      1. avatar Matthew says:

        This is a reference to Obama saying he had visited 57 states early on.

  8. avatar Dennis Sumner says:

    Yeah, that’ll stop the gang bangers!

  9. avatar WI Patriot says:

    “llinois Moves to Confiscate Guns, Ammo From Those With Revoked FOIDs, With NO Provision For Return”

    But of course, what else would you expect from a “police” state…??? And while homicides are down from previous yrs, I expect to see an uptick…

  10. avatar james says:

    No provision to challenge the cancellation of the FOID.
    No due process. Taking your lawfully owned property.

    1. avatar WI Patriot says:

      Minor details…

    2. avatar DDay says:

      SCOTUS has addressed this issue in Henderson V. US. They cannot prevent a transfer.

      https://en.wikipedia.org/wiki/Henderson_v._United_States_(2015)

  11. avatar Kendahl says:

    If your FOID is revoked, find someone to hold your firearms or store them out of state until you can straighten out the mess. When they come for your firearms, you won’t have any for them to confiscate. “What guns? I don’t have them anymore.” I’m glad I don’t live in Illinois.

    1. avatar GS650G says:

      What if they haul you in front of a judge who finds you in contempt of a court ordered surrender of weapons detailed in 4473 forms?

      1. avatar Gadsden Flag says:

        4473s stay with the dealer unless FFL is surrendered. Then ATF is forbidden from using them to create a data base. Yeah, right. Like they were caught doing during the Clinton administration.

    2. avatar Omer says:

      Make sure your spouse has a FOID. If your FOID is revoked, the guns belong to them.

  12. avatar Victor G Chamoun says:

    Yeah, that ought to make everybody in that cesspool of a city safe from all the thugs who don’t have to register
    their illegally gotten guns!!!!!!!!!!!!

  13. avatar GS650G says:

    Having a CCW means you’re on a list too. If they were to repeal carry laws and outlaw semi autos at the same time they might try and justify a grab. Some states require you to list your handgun as part of the process. New york goes further than that. Imagine the Godfather repealing pistol permits.

    Don’t put anything past anyone. All these bits of information can be used in a myriad of ways.

  14. avatar 2a suxs sucks says:

    Has anyone ever tried to fight the FOID card by saying was unconstitutional in court

    1. avatar pwrserge says:

      Not recently. However, this bill is still early in the legislative process (just filed) without an appeals and return clause, I can see the 7th circuit having a field day with this one. People keep forgetting that Illinois is in one of the most conservative circuits in the nation. The legislature is well aware of that fact. I suspect it’s one of the reasons why so many bills are filed while so few see the light of day in committee.

      1. avatar Victoria Illinois says:

        Thank you pwrserge, you give me hope (for Illinois)

      2. avatar DDay says:

        SCOTUS has addressed this issue in Henderson V. US. The Illinois government cannot prevent a transfer.

        https://en.wikipedia.org/wiki/Henderson_v._United_States_(2015)

        1. avatar ELIZABETH GILBERT says:

          The FOID policy and now this bill only pushes people to get guns elsewhere and not register them. .

  15. avatar Warren Neville says:

    Of course there is no provision to return the guns, the useless cops want them for their private collections.

    1. avatar Gadsden Flag says:

      Warren, that’s just plain stupid. Most of the guns I took into evidence I wouldn’t have owned if you gave them to me. Hi-Points, RGs, Ravins, etc. Always loved recovering a quality firearm and returning it to the rightful owner. Write down your serial numbers!

      1. avatar Gadsden Flag says:

        Raven. Stupid spell check.

        1. avatar Gadsden Flag says:

          One other thing Warren. Most cops I worked with could give a shit less about a firearm. Didn’t interest them at all. For most of them their duty weapon was the only one they owned. Just something they had to carry.

      2. avatar Victoria Illinois says:

        But…but…you’re not a Crook..oops…Cook county cop.

  16. avatar pwrserge says:

    This may be the bill most likely to make it through the committee hearings. Fortunately, the Illinois legislative schedule is fairly short so they are going to have to focus their efforts. I do, however, see a return and appeal clause added to keep the 7th circuit from killing the entire FOID system on the spot.

  17. avatar Ronald Wright says:

    56?? Other states?? is Odummie still Pres and this “writer” thinks we live in a MUSLIM country. Last time I checked we ONLY HAD 50 STATES, total..

    It’s past time to CANCEL ILLINOIS..

    But, isn’t a FOID card CANCELLED because of some CRIMINAL ACTION? Or, does it have to be renewed every so many years? All these “laws” are violating the 2nd Amendment! Time to go back and wipe out the 1934 law and everyone after that since they are ALL IN VIOLATION OF “SHALL NOT BE INFRINGED”..

    I would like to see more information on what a FOID card does, how long it is good for etc. Still needs to be challenged in COURT..

    1. avatar pwrserge says:

      Permit to purchase or possess. Good for 10 years. Renewable for $10. Shall issue within 30 days of application.

  18. avatar The Grey Man says:

    This just accelerates my move out of this socialist state…. Last one out, turn out the lights….

  19. avatar Jean-Claude says:

    Hastings is a West Point grad and veteran. Those people who say “the military would never confiscate our guns” should look at him an an example.

    1. avatar pwrserge says:

      Ring knockers are hardly “the military”… I’ve met several service academy grads in my life. Some were awesome, some were total douchebags.

      1. avatar Geoff "I'm getting too old for this shit" PR says:

        My dad is a USMA grad, and he is an Obama-voting, full-on Leftist who believes the 2A applies to the military only…

        1. avatar Warren Neville says:

          He is an idiot.

        2. avatar EWTHeckman says:

          My condolences.

          It’s always great to meet people who have overcome the damage inflicted by their parents.

        3. avatar RMS1911 says:

          ,The right of the people to keep and bear arms , shall not be infringed.
          I don’t see military anywhere in that protected right.

        4. avatar Miner49er says:

          Did you miss the qualifying preface at the beginning of the second amendment where it says a well regulated militia?

          Following the doctrine of precedent, the first mentioned requirement is the most important, all that follows in the Second Amendment is related to a well regulated militia.

          It’s not a cafeteria, you can’t pick and choose what parts of the Second Amendment you believe are valid and discard the other requirements.

        5. avatar pwrserge says:

          Hey cumstain, the SCotUS already called bullshit on your “militia” argument.

        6. avatar uncommon_sense says:

          Miner49er,

          We the People are the militia. Every able-bodied man, woman, and teenager (of responsible age) in the United States is a member of the militia. That is why the OPERATIVE clause of the Second Amendment says, “… the right of the PEOPLE to keep and bear arms shall not be infringed.”

          In case you still do not understand, every able-bodied man, woman, and teenager, being members of the militia, must be able to keep and bear arms to be an effective militia since an unarmed militia is totally useless and utterly unable to stop a rebellion or invasion.

          And the reason that every able-bodied man, woman, and teenager are the militia and that governments have no righteous nor constitutional authority to declare that masses of people cannot keep and bear arms: because said governments could be the instigator of a rebellion which requires squashing — one of the very core reasons for having an armed militia, and THE core reason for taking infringement authority out of the hands of government.

      2. avatar David Deplorable says:

        If this passes each legislator that voted for it should have to do at least a couple of confiscations themselves. Leading from the front of course.

  20. avatar David Deplorable says:

    Bad link to the story. I found it with Google though. The last paragraph had ISRA’s Richard Pearson saying that he didn’t know if he was going to oppose it or not. How could he not opposed this?

    Wtf?

  21. avatar Alan says:

    There is a somewhat blunt, but ample description of this routine. Theft Under Color Of Law. To residents of Illinois, last November there were elections. WHo did you vote for or who didn’t you vote against?

  22. avatar strych9 says:

    Amazing what subtle changes in language can do both intentionally and unintentionally.

    [sarc] I wonder if that’s an accident.[/sarc]

  23. avatar Dumpster says:

    Oh really. Come and get it bots. Carefully

  24. avatar J says:

    The DNC has been coordinating this since Nov. 2018. Look at all the anti-2A bills being proposed just in Illinois that are not getting any attention on TTAG. Here is the list from the ISRA. I could keep posting, but there are far too many of these proposed anti-2A bills. Just go to the ISRA for all of the over 60 proposed bills.
    SB107 (Semi auto Ban) https://trackbill.com/bill/illinois-senate-bill-107-crim-cd-assault-weapon-ban/1648626
    HB3553 (Prevents Counties from becoming a Firearms Sanctuary) https://trackbill.com/bill/illinois-house-bill-3553-muni-county-regulate-firearm/1692383
    HB3104 (Mandatory fingerprinting of all FOID card holders) https://trackbill.com/bill/illinois-house-bill-3104-firearms-fingerprinting/1691031
    HB2253 (80% rifle lowers and pistols ban) https://trackbill.com/bill/illinois-house-bill-2253-untraceable-firearms/1679464
    HB1586 (California style serialization of ammunition for pistols) https://trackbill.com/bill/illinois-house-bill-1586-crim-cd-handgun-ammo-serialize/1661394
    HB888 ( New York style social media accounts overview) https://trackbill.com/bill/illinois-house-bill-888-foid-social-media-accounts/1650799

  25. avatar J says:

    The DNC has been coordinating this since Nov. 2018. Look at all the anti-2A bills being proposed just in Illinois that are not getting any attention on TTAG. Here is the list from the ISRA. I could keep posting, but there are far too many of these proposed anti-2A bills. Just go to the ISRA for all of the over 60 proposed bills.
    HB3553 (Prevents Counties from becoming a Firearms Sanctuary) https://trackbill.com/bill/illinois-house-bill-3553-muni-county-regulate-firearm/1692383

    HB3104 (Mandatory fingerprinting of all FOID card holders) https://trackbill.com/bill/illinois-house-bill-3104-firearms-fingerprinting/1691031

    HB2253 (80% rifle lowers and pistols ban) https://trackbill.com/bill/illinois-house-bill-2253-untraceable-firearms/1679464

  26. avatar J says:

    Illinois State Rifle Association (ISRA)
    https://www.isra.org/Advocacy/Legislation.aspx

  27. avatar J says:

    If just a few of these bills pass, we will be California by June or July of this year. Please take a look at these proposed bills.

  28. avatar NORDNEG says:

    Time to take things in your own hands… the left is ruining your life, so do something about it or clam up…

  29. avatar Nope says:

    So let’s say I had a foid revoked and I turned it it. Stated on my disposition that I own no firearms in state. What’s going to happen to me?

  30. avatar Chris T in KY says:

    Not that the republicans are superior, but loyal democrats need to decide what’s more important. The Land of Lincoln is a loyal democrat state. And the democrats are anti-liberty, anti-freedom, anti-second amendment.

    Either switch parties. Or change the democrat party leadership.

  31. avatar Bill Hutchison says:

    I’d never live in a shit hole that required me to get a card to own firearms. I live in Alaska.

  32. avatar Dig Sig says:

    It’s only going to get worse. My son-in-law lives in the land of Lincoln in one of the counties that he cannot buy online a high capacity mag,ammo,or a firearm. By this time next year he will no longer be able to buy a bb gun,sling shot, or rubber band gun and probably a Nerf gun will soon also be outlawed. So He always knows what he is going to get from me each year for Christmas.There is still the surprise factor because he dosen’t know what caliber it’s going to be. Until the police have road blocks at the state line and search each ones mode of transpotation as they come into the state. He will at least be able to protect him and his family if something terrible would ever happen. The police now are only responders after the fact to fill out the paper work. You can’t fault them they do the best they can with what they have to work with. My son-in-law said that he would rather be judged by a group of 12 than carried by a group of 6

  33. avatar GlockMeAmadeus says:

    Flashback 2016: With Trump and a GOP House we will get Reciprocal Carry nationwide and suppressors taken off the NFA list! There will be no RKBA infringements! Winning!

    Reality 2019: Bumpstocks banned arbitrarily, First Step program mass releasing felons, no wall, more gun control legislation than ever being whipped up in Congress. Winning?

  34. avatar sound awake says:

    reason 496 to move out of illinois
    i moved out after 258

  35. avatar jram01 says:

    Sounds like a bunch of babies crying.

    Let your legislators know what you think and want should be voted down/approved. State that if FOID is revoked and firearms confiscated firearms must be returned to the proper owner. If no one votes and their law change requests are approved, who’s at fault. WE ARE.

    All this gun talk about how WE, the valid gun owners are always getting “screwed” when it comes to gun ownership. TALK about the gang bangers who everyday violate the law and very little is accomplished. It’s been said, that to get our legislators out to our counties to vote on taking away the civil rights of the gang bangers who cause the problems that are created and affect the valid gun owners.

    It’s not and has not been to our advantage as long as all this criminal street violence is constantly around and not strictly enforced. I know that neighborhoods were the more than average street violence occurs, individuals living in those areas cannot say anything for fear of retribution. However, the bad side is are many of those same neighborhood individuals accuse our PD that they are not doing enough to protect us, when I’m sure a lot of the residents may know who those culprits may be. That’s where much of the problem lies.

    WHAT TO DO? Unless this constant street violence is reduced or eliminated, these gun issues will never end for the valid gun owners.

  36. Sounds like “A Police-State and Authoritarianism” to me! So, “Who Will NOT COMPLY! ” (Falsely Accused US citizens trapped into the Minortiy Report! Secret Courts, Unconstitutional, and NO DUE PROCESS!)

  37. jram01 mentions the street violence.

    Part of the problem is that too many people don’t remember, that, ” back in the day “, the gangs and others used ” zip guns “, which could be made with a car antenna. All these stupid fucking legislators who pass these laws to deprive us of our right to bear arms do not realize the simple fact, that, if every known gun was to be confiscated today; the next big money-maker for organized crime, would be sales of firearms. There are too many people who have the knowledge and ability to make a gun if they have the desire to do so.

    The government can’t the flow of drugs into our country, so how are they gonna stop guns from being imported by those who want to profit from something that is now declared illegal to own ? You would once again see a proliferation of those cheap-ass “Saturday- Night Specials”, that are as dangerous to the person holding the gun, as they might be to the person it was being aimed at.

    PS………….I’m sooo glad I live in Davenport, IOWA, instead of Illinois; which is just separated by the Mississippi River

  38. avatar Usmc chu lai 65 says:

    So glad I moved to Wisconsin 2 years ago
    By by Illinois

  39. avatar EARL HOLDER says:

    I would say go to the ballot box and vote those politicians out of office and let it be known citizens of IL want the communist dictator type of gun laws removed from legislation. Before it is all over nation wide, we the people are going to have to take our states back from the socialists. And it is easy to do thru the ballot box. Politicians arent doing what we voted them in for, we need to educate them, kick their asses out and take our states back and regain control of our govt or it will end up like China, Russia Argentina and several other countries. Too many stupid citizens have one mind set….this is the good ole’ USA and it cant happen here…..

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