Sponsored Legislation During The Illinois Years

Sponsored Legislation During The Illinois Years
As published in Sportsmen for Obama?
The following is a list of firearms legislation sponsored by Barack Obama during his tenure in the Illinois legislature.

90th General Assembly, Jan 1997 – Jan 1999

SB-0550 Amends the Criminal Code of 1961. Provides that upon recovering a firearm from the possession of anyone under 21 years of age who is not authorized by federal or State law to possess the firearm, the local law enforcement agency shall trace where the person under 21 gained possession of the firearm. Provides that upon completing a trace, the local law enforcement agency shall record its findings on a form prescribed by the Department of State Police and shall forward a copy within 5 days to the Director of State Police.

SENATE AMENDMENT NO. 1. Deletes provisions that a firearms trace is not complete until enough evidence exists to make prosecution possible or until all available resources have been exhausted. Requires local law enforcement agencies to use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco, and Firearms in tracing firearms recovered from persons under 21 years of age. Requires local law enforcement agencies to use the LEADS Gun File to enter all stolen, seized, or recovered firearms.

91st General Assembly, Jan 1999 – Jan 2001

HB-0076 Amends the Criminal Code of 1961. Provides that the local law enforcement agency shall use the best available information, including a firearms trace, to determine how and from whom a person who is not permitted by federal or State law to possess a firearm gained possession of a firearm (now the provision applies only when the law enforcement agency recovers the firearm from a person under 21 years of age).

HB-0227 Amends the Criminal Code of 1961. Creates the offenses of possession of a stolen firearm and aggravated possession of a stolen firearm. Changes penalties for unlawful use or possession of firearms by felons.

SB-0048 Amends the Firearm Owners Identification Card Act. Requires an applicant for a firearm owners identification card to sign a release waiving any right to confidentiality and consenting to the disclosure to the Department of State Police of the applicant’s mental health records from any state, the District of Columbia, any other territory of the United States, or a foreign nation for the sole purpose of determining eligibility for a card.

SENATE AMENDMENT NO. 1. Provides that an applicant for a Firearm Owners Identification Card must only sign a release of his or her mental health records upon request of the Department of State Police.

HOUSE AMENDMENT NO. 1. Deletes everything after the enacting clause. Limits the information disclosed to the Department of State Police to mental health institution admission information. Provides that no mental health or treatment records may be requested. Provides that the information received shall be destroyed within one year of receipt.

SB-1318 Creates the Firearm Liability Act. Provides that a firearm transferor is strictly liable in a civil action for death, injury, or property damage resulting from the use of a firearm that was unlawfully sold, transferred, or caused to be sold or transferred. Provides that the plaintiff may recover punitive damages in addition to all other lawful damages, court costs, and attorney’s fees. Provides that a defendant found strictly liable under this Act must pay $10,000 in a civil penalty to the Department of State Police if the defendant sold, transferred, or caused to be sold or transferred a firearm in violation of certain provisions of the Firearm Owners Identification Card Act or the Criminal Code of 1961. Provides that an action under this Act must be commenced within 5 years after the cause of action accrued.

SB-1614 Prohibits the transfer of more than one handgun within a 30-day period.

SB-1616 Amends the Firearm Owners Identification Card Act. Provides that an applicant for a Firearm Owner’s Identification Card must appear in person before a law enforcement agency and submit positive identification to a law enforcement officer before the issuance of the application to the applicant. Increases the fee for a Firearm Owner’s Identification Card from $5 to $10. Provides that the additional $5 shall be deposited into the Firearm Owner’s Notification Fund. Provides that the Department of State Police shall, 60 days (rather than 30 days) prior to the expiration of a Firearm Owner’s Identification Card, forward to each person whose card is to expire a notification of the expiration of the card. Deletes provisions requiring the forwarding of the actual application. Amends the Illinois Vehicle Code. Requires the Department of State Police to forward to the Secretary of State the names, addresses, and other identifying information about holders of Firearm Owner’s Identification Cards. Provides that the information shall be compiled in a database and may be accessed by law enforcement officers who enforce traffic laws.

92nd General Assembly, Jan 2001 – Jan 2003

SB-0051 Prohibits ownership of firearms by anyone who has ever been convicted of stalking in Illinois or a substantially similar offense in another jurisdiction.

SB-1334 Eliminates exemption from the unlawful use of weapons and aggravated unlawful use of a weapon statutes that permits a person who has been issued a currently valid Firearm Owner’s Identification Card to transport or possess an unloaded firearm that is enclosed in a case or other container that is not a firearm carrying box or shipping box. Provides that the penalty provisions of the offense of unlawful purchase of a firearm apply to attempting to purchase firearms in violation of the statute.

SB-1136 Requires an applicant for a Firearm Owner’s Identification Card to appear in person at a local law enforcement agency, and before receiving an application, present positive evidence of identification to a law enforcement officer. Requires the applicant to submit to fingerprinting and to a photograph. Provides that a Firearm Owner’s Identification Card issued on after the amendatory Act is valid for a 3-year rather than a 5-year period. Provides that moneys in the Firearm Owner’s Notification Fund shall also be used for reimbursing local law enforcement agencies for carrying out their responsibilities under the Act.

SB- 1338 Amends the Criminal Code of 1961. Creates the offense of unlawful use of a semiautomatic assault weapon or large capacity ammunition feeding device, defined as knowingly selling, manufacturing, purchasing, possessing, or carrying a semiautomatic assault weapon or large capacity ammunition feeding device. Provides that the offense is a Class 2 felony. Exempts peace officers and members of the Armed Services or Reserved Forces of the United States and Illinois National Guard while in the performance of their official duties and wardens, superintendents, and keepers of prisons, penitentiaries, jails and other facilities for the detention of persons accused or convicted of an offense. Also exempts the manufacture, transportation, or sale of these weapons or devices to those persons.

SB-2083 Amends the Criminal Code of 1961. Creates the offense of unlawful use of a semiautomatic assault weapon or large capacity ammunition feeding device, defined as knowingly selling, manufacturing, purchasing, possessing, or carrying a semiautomatic assault weapon or large capacity ammunition feeding device. Provides that the offense is a Class 2 felony. Exempts peace officers and members of the Armed Services or Reserved Forces of the United States and Illinois National Guard while in the performance of their official duties and wardens, superintendents, and keepers of prisons, penitentiaries, jails and other facilities for the detention of persons accused or convicted of an offense. Also exempts the manufacture, transportation, or sale of these weapons or devices to those persons.