House Bill 3139 could be seen as weakening the state’s power, but also might be the best move for long-term strength.
The plan, according to Dominic Genetti in a recent Alton Telegraph story, would change state law to make Firearm Owner Identification and Concealed Carry Licenses permanent by default. Republican state Rep. Tom Weber, of Lake Villa, introduced the plan in February. It’s since idled in the Rules Committee, but garnered fresh attention when state Rep. Michael Coffey Jr. of Springfield signed as a co-sponsor Oct. 20.
Under current law, FOID cardholders must renew every decade while CCA licensees have to re-up every five. And since at least October 2020, those renewals have caused enough administrative headaches for the state that the attorney general’s office keeps finding itself in court defending the programs altogether.
Back then, more than 168,000 FOID and CCL applications were pending past statutory deadlines for Illinois State Police to approve or deny, with at least one person reportedly waiting up to three years. Although ISP extended expiration dates by 18 months – similar to a pandemic-era grace period given for driver’s licenses – gun and ammunition dealers wouldn’t sell to customers whose printed cards were past the renewal date.
State lawyers have been defending FOID since its inception against Second Amendment advocates, as recently as May prevailing on a 2-1 Illinois Fourth District Appellate Court decision that directly addressed the question of whether the government has a valid interest in prescreening for gun ownership or whether the constitution demands the state let everyone who wants a gun to own one and then only be empowered to confiscate with just cause.
Democrats concerned about eventually losing on such an argument would be wise to line up behind Weber and Coffey in supporting HB 3139. From pure cynicism, there may be wisdom in getting Republicans on board with anything Democrats could present as endorsement of gun registration. But more practically, there’s no faster way to clear an administrative backlog than to erase it altogether.
If state police preserve the power to revoke a CCL or FOID card, and if it remains administratively challenged like so many other agencies, there’s logic in freeing up staff to focus solely on new applications and following up on reports of people who stand to lose their permissions.
Cardholders still would have to notify ISP of address changes – not unlike updating a voter registration – and the proposal changes nothing about the state’s ability to update its own registries or the conditions that lead to losing a FOID card or CCL.
Administrative shortcomings have jeopardized what many consider a legitimate safety procedure. HB 3139 provides an offramp. Weakening the renewal process’ power might save a prized regulation’s strength.
• Scott T. Holland writes about state government issues for Shaw Local News Network. He can be reached at sholland@shawmedia.com.
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