IL LEGISLATIVE UPDATE: Analysis of the trailer bill offered by Democrats

by John Boch

Here is the analysis of the “Trailer Bill” offered by Democrats – We told you earlier the bill dealt with some very minor, bordering on miniscule issues, and it does.

Here is a laundry list of the contents:

1.  Adds language that a person must be age 14 or order and have a diagnosis as developmentally disabled.  There’s also a raft of language spelling out exactly the disabilities that would end a person’s firearm civil rights in Illinois.  Also, later in the trailer bill, it changes the word “handicap” to disability, a subtle but important change to fix a flaw / ambiguity in the current law.

For purposes of this Section, “developmentally disabled” means a disability which is attributable to any other condition which results in impairment similar to that caused by an intellectual disability and which requires services similar to those required by intellectually disabled persons. The disability must originate before the age of 18 years, be expected to continue indefinitely, and constitute a substantial disability. This disability results in the professional opinion of a physician, clinical psychologist, or qualified examiner, in significant functional limitations in 3 or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.

2.  There’s new language adding to the “clear and present danger” section of the act.

“Determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner” means in the professional opinion of the physician, clinical psychologist, or qualified examiner, a person poses a clear and present danger.

3.  Allows for the purchase of ammunition and long guns by participants and attendees of the Amateur Trap Association’s Grand American event at Sparta (and other similar events for other national-level organizations at the World Shooting Complex at Sparta).   It also eliminates the 24-hour waiting period on these long-gun purchases at these events for registered participants and attendees.  This clears up some confusion as some non-Illinois resident participants had difficulty purchasing firearms and even ammunition in Illinois.  The catch?  The “sanctioning body” shall provide to the Illinois State Police a list of attendees and participants.  ISP is supposed to destroy said list no longer than 30 days after the event.  (They were supposed to required notarized statements on change of address for concealed carry licensees too, but they weren’t…  Read on for more about that.)

4.  Inserts new language allowing the use of the Firearm Concealed Carry License in place of the FOID card for purchase and possession of firearms and ammunition.

5.  Inserts language laying out an appeals process for those diagnosed to have mild developmental disabilities to allow them to retain their firearm ownership rights.

(c-10) (1) An applicant, who is denied, revoked, or has his or her Firearm Owner’s Identification Card seized under  subsection (e) of Section 8 of this Act based upon a  determination of a developmental disability or an intellectual  disability may apply to the Director of State Police requesting
relief.

(2) The Director shall act on the request for relief within  60 business days of receipt of written certification, in the form prescribed by the Director, from a physician or clinical psychologist, or qualified examiner, that the aggrieved party’s developmental disability or intellectual disability
condition is determined by a physician, clinical psychologist,  or qualified to be mild. If a fact-finding conference is  scheduled to obtain additional information concerning the circumstances of the denial or revocation, the 60 business days the Director has to act shall be tolled until the completion of  the fact-finding conference.

(3) The Director may grant relief if the aggrieved party’s developmental disability or intellectual disability is mild as dermined by a physician, clinical psychologist, or qualified examiner and it is established by the applicant to the Director’s satisfaction that:
(A) granting relief would not be contrary to the public interest; and
(B) granting relief would not be contrary to federal law.

(4) The Director may not grant relief if the condition is  determined by a physician, clinical psychologist, or qualified examiner to be moderate, severe, or profound.

6.  Establishes that presentation of the concealed carry license shall be construed as “notification” under the “Duty to Inform” section that an individual is carrying a firearm under the provisions of the FCCA.  The same section also dictates the CCW licensee shall permit the officer to secure the firearm during the duration of the investigative stop.  It goes on to say that if the licensee is transported to another location (think ambulance ride), the firearm can be given to any peace officer who will provide a receipt.  Once the stop is over, and if the licensee is physically and mentally capable, the firearm shall be returned to them.

7.  New language clarifying that the privacy and confidentiality rights and privileges of FCCA applicants only applies to in conjunction with determining whether or not to issue a carry license.  This cleans up some concerns of privacy advocates who noted that there were no limits on the waiver under the existing law.

8.  FCCA license holders may now change addresses without submitting a notarized statement, although the notarized statement “may” be required.  In the existing law, a notarized statement was required, although that section of the law wasn’t enforced (ask me how I know).

9.  Eliminates the requirement that the CCW firearms must be unloaded before exiting the vehicle to place them in the trunk under the terms of the “safe harbor” provisions of the FCCA.

10.  Makes an addition the the Unlawful Use of Weapons law to allow a FCCA-licensed individual to carry a concealed firearm.

We told you these changes were minor and then some.

Yet, the anti-gunners are stomping their feet and shaking their fists in opposition to these very reasonable, common-sense changes.  Why?  They cite the waiver of the waiting period at the Grand American as a loophole criminals will exploit to purchase guns that will later be used criminally.

Once again, they are displaying their true colors:  It’s not about logic, science or common sense.  The fact is that they simply don’t want you, me, or anyone else to have firearms.

They are promoting their financial backers’ wishes (think George Soros) – specifically that all should depend upon government for everything.