Rep. Martin J. Moylan
Filed: 2/23/2017
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1 | AMENDMENT TO HOUSE BILL 745
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2 | AMENDMENT NO. ______. Amend House Bill 745 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Section 4 as follows:
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6 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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7 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
8 | Identification Card must:
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9 | (1) Make application on blank forms prepared and | ||||||
10 | furnished at convenient
locations throughout the State by | ||||||
11 | the Department of State Police, or by
electronic means, if | ||||||
12 | and when made available by the Department of State
Police; | ||||||
13 | and
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14 | (2) Submit evidence to the Department of State Police | ||||||
15 | that:
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16 | (i) He or she is 21 years of age or over, or if he |
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1 | or she is under 21
years of age that he or she has the | ||||||
2 | written consent of his or her parent or
legal guardian | ||||||
3 | to possess and acquire firearms and firearm ammunition | ||||||
4 | and that
he or she has never been convicted of a | ||||||
5 | misdemeanor other than a traffic
offense or adjudged
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6 | delinquent, provided, however, that such parent or | ||||||
7 | legal guardian is not an
individual prohibited from | ||||||
8 | having a Firearm Owner's Identification Card and
files | ||||||
9 | an affidavit with the Department as prescribed by the | ||||||
10 | Department
stating that he or she is not an individual | ||||||
11 | prohibited from having a Card;
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12 | (ii) He or she has not been convicted of a felony | ||||||
13 | under the laws of
this or any other jurisdiction;
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14 | (iii) He or she is not addicted to narcotics;
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15 | (iv) He or she has not been a patient in a mental | ||||||
16 | health facility within
the past 5 years or, if he or | ||||||
17 | she has been a patient in a mental health facility more | ||||||
18 | than 5 years ago submit the certification required | ||||||
19 | under subsection (u) of Section 8 of this Act;
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20 | (v) He or she is not a person with an intellectual | ||||||
21 | disability;
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22 | (vi) He or she is not an alien who is unlawfully | ||||||
23 | present in the
United States under the laws of the | ||||||
24 | United States;
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25 | (vii) He or she is not subject to an existing order | ||||||
26 | of protection
prohibiting him or her from possessing a |
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1 | firearm;
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2 | (viii) He or she has not been convicted within the | ||||||
3 | past 5 years of
battery, assault, aggravated assault, | ||||||
4 | violation of an order of
protection, or a substantially | ||||||
5 | similar offense in another jurisdiction, in
which a | ||||||
6 | firearm was used or possessed;
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7 | (ix) He or she has not been convicted of domestic | ||||||
8 | battery, aggravated domestic battery, or a
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9 | substantially similar offense in another
jurisdiction | ||||||
10 | committed before, on or after January 1, 2012 (the | ||||||
11 | effective date of Public Act 97-158). If the applicant | ||||||
12 | knowingly and intelligently waives the right to have an | ||||||
13 | offense described in this clause (ix) tried by a jury, | ||||||
14 | and by guilty plea or otherwise, results in a | ||||||
15 | conviction for an offense in which a domestic | ||||||
16 | relationship is not a required element of the offense | ||||||
17 | but in which a determination of the applicability of 18 | ||||||
18 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
19 | Code of Criminal Procedure of 1963, an entry by the | ||||||
20 | court of a judgment of conviction for that offense | ||||||
21 | shall be grounds for denying the issuance of a Firearm | ||||||
22 | Owner's Identification Card under this Section;
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23 | (x) (Blank);
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24 | (xi) He or she is not an alien who has been | ||||||
25 | admitted to the United
States under a non-immigrant | ||||||
26 | visa (as that term is defined in Section
101(a)(26) of |
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1 | the Immigration and Nationality Act (8 U.S.C. | ||||||
2 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
3 | been lawfully admitted to the United
States under a | ||||||
4 | non-immigrant visa if that alien is:
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5 | (1) admitted to the United States for lawful | ||||||
6 | hunting or sporting
purposes;
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7 | (2) an official representative of a foreign | ||||||
8 | government who is:
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9 | (A) accredited to the United States | ||||||
10 | Government or the Government's
mission to an | ||||||
11 | international organization having its | ||||||
12 | headquarters in the United
States; or
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13 | (B) en route to or from another country to | ||||||
14 | which that alien is
accredited;
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15 | (3) an official of a foreign government or | ||||||
16 | distinguished foreign
visitor who has been so | ||||||
17 | designated by the Department of State;
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18 | (4) a foreign law enforcement officer of a | ||||||
19 | friendly foreign
government entering the United | ||||||
20 | States on official business; or
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21 | (5) one who has received a waiver from the | ||||||
22 | Attorney General of the
United States pursuant to | ||||||
23 | 18 U.S.C. 922(y)(3);
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24 | (xii) He or she is not a minor subject to a | ||||||
25 | petition filed
under Section 5-520 of the Juvenile | ||||||
26 | Court Act of 1987 alleging that the
minor is a |
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1 | delinquent minor for the commission of an offense that | ||||||
2 | if
committed by an adult would be a felony;
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3 | (xiii) He or she is not an adult who had been | ||||||
4 | adjudicated a delinquent
minor under the Juvenile | ||||||
5 | Court Act of 1987 for the commission of an offense
that | ||||||
6 | if committed by an adult would be a felony;
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7 | (xiv) He or she is a resident of the State of | ||||||
8 | Illinois; | ||||||
9 | (xv) He or she has not been adjudicated as a person | ||||||
10 | with a mental disability; | ||||||
11 | (xvi) He or she has not been involuntarily admitted | ||||||
12 | into a mental health facility; and | ||||||
13 | (xvii) He or she is not a person with a | ||||||
14 | developmental disability; and
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15 | (3) Upon request by the Department of State Police, | ||||||
16 | sign a release on a
form prescribed by the Department of | ||||||
17 | State Police waiving any right to
confidentiality and | ||||||
18 | requesting the disclosure to the Department of State Police
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19 | of limited mental health institution admission information | ||||||
20 | from another state,
the District of Columbia, any other | ||||||
21 | territory of the United States, or a
foreign nation | ||||||
22 | concerning the applicant for the sole purpose of | ||||||
23 | determining
whether the applicant is or was a patient in a | ||||||
24 | mental health institution and
disqualified because of that | ||||||
25 | status from receiving a Firearm Owner's
Identification | ||||||
26 | Card. No mental health care or treatment records may be
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1 | requested. The information received shall be destroyed | ||||||
2 | within one year of
receipt.
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3 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
4 | Card who is over
the age of 18 shall furnish to the Department | ||||||
5 | of State Police either his or
her Illinois driver's license | ||||||
6 | number or Illinois Identification Card number, except as
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7 | provided in subsection (a-10).
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8 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
9 | Card,
who is employed as a law enforcement officer, an armed | ||||||
10 | security officer in Illinois, or by the United States Military
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11 | permanently assigned in Illinois and who is not an Illinois | ||||||
12 | resident, shall furnish to
the Department of State Police his | ||||||
13 | or her driver's license number or state
identification card | ||||||
14 | number from his or her state of residence. The Department
of | ||||||
15 | State Police may adopt rules to enforce the provisions of this
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16 | subsection (a-10).
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17 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
18 | Identification Card moves from the residence address named in | ||||||
19 | the application, he or she shall immediately notify in a form | ||||||
20 | and manner prescribed by the Department of State Police of that | ||||||
21 | change of address. | ||||||
22 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
23 | Card shall furnish to the Department of State Police his or her | ||||||
24 | photograph. An applicant who is 21 years of age or older | ||||||
25 | seeking a religious exemption to the photograph requirement | ||||||
26 | must furnish with the application an approved copy of United |
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1 | States Department of the Treasury Internal Revenue Service Form | ||||||
2 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
3 | seeking a religious exemption to the photograph requirement | ||||||
4 | shall submit fingerprints on a form and manner prescribed by | ||||||
5 | the Department with his or her application. | ||||||
6 | (a-25) Beginning 180 days after the effective date of this | ||||||
7 | amendatory Act of the 100th General Assembly, each applicant | ||||||
8 | for the issuance or renewal of a Firearm Owner's Identification | ||||||
9 | Card shall include a full set of his or her fingerprints in | ||||||
10 | electronic format to the Department of State Police for the | ||||||
11 | purpose of identity verification, unless the applicant has | ||||||
12 | previously provided a full set of his or her fingerprints to | ||||||
13 | the Department under this Act or the Firearm Concealed Carry | ||||||
14 | Act. | ||||||
15 | (1) The fingerprints must be transmitted through a | ||||||
16 | live scan fingerprint vendor licensed by the | ||||||
17 | Department of Financial and Professional Regulation or | ||||||
18 | a criminal justice agency authorized by the Department | ||||||
19 | to submit fingerprints under this Act or the Firearm | ||||||
20 | Concealed Carry Act. These fingerprints shall be | ||||||
21 | checked against the fingerprint records now and | ||||||
22 | hereafter filed in the Department and Federal Bureau of | ||||||
23 | Investigation criminal history records databases, | ||||||
24 | including all available state and local criminal | ||||||
25 | history record information files, including records of | ||||||
26 | juvenile adjudications. |
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1 | (2) The Department shall charge applicants a fee | ||||||
2 | for conducting the criminal history record check, | ||||||
3 | which shall be deposited in the State Police Services | ||||||
4 | Fund and shall not exceed the actual cost of the State | ||||||
5 | and national criminal history record check. | ||||||
6 | (b) Each application form shall include the following | ||||||
7 | statement printed in
bold type: "Warning: Entering false | ||||||
8 | information on an application for a Firearm
Owner's | ||||||
9 | Identification Card is punishable as a Class 2 felony in | ||||||
10 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
11 | Owners Identification Card
Act.".
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12 | (c) Upon such written consent, pursuant to Section 4, | ||||||
13 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
14 | consent shall be liable for any
damages resulting from the | ||||||
15 | applicant's use of firearms or firearm ammunition.
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16 | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
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17 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
18 | changing Sections 30 and 50 as follows: | ||||||
19 | (430 ILCS 66/30)
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20 | Sec. 30. Contents of license application. | ||||||
21 | (a) The license application shall be in writing, under | ||||||
22 | penalty of perjury, on a standard form adopted by the | ||||||
23 | Department and shall be accompanied by the documentation | ||||||
24 | required in this Section and the applicable fee. Each |
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1 | application form shall include the following statement printed | ||||||
2 | in bold type: "Warning: Entering false information on this form | ||||||
3 | is punishable as perjury under Section 32-2 of the Criminal | ||||||
4 | Code of 2012." | ||||||
5 | (b) The application shall contain the following: | ||||||
6 | (1) the applicant's name, current address, date and | ||||||
7 | year of birth, place of birth, height, weight, hair color, | ||||||
8 | eye color, maiden name or any other name the applicant has | ||||||
9 | used or identified with, and any address where the | ||||||
10 | applicant resided for more than 30 days within the 10 years | ||||||
11 | preceding the date of the license application; | ||||||
12 | (2) the applicant's valid driver's license number or | ||||||
13 | valid state identification card number; | ||||||
14 | (3) a waiver of the applicant's privacy and | ||||||
15 | confidentiality rights and privileges under all federal | ||||||
16 | and state laws, including those limiting access to juvenile | ||||||
17 | court, criminal justice, psychological, or psychiatric | ||||||
18 | records or records relating to any institutionalization of | ||||||
19 | the applicant, and an affirmative request that a person | ||||||
20 | having custody of any of these records provide it or | ||||||
21 | information concerning it to the Department. The waiver | ||||||
22 | only applies to records sought in connection with | ||||||
23 | determining whether the applicant qualifies for a license | ||||||
24 | to carry a concealed firearm under this Act, or whether the | ||||||
25 | applicant remains in compliance with the Firearm Owners | ||||||
26 | Identification Card Act; |
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1 | (4) an affirmation that the applicant possesses a | ||||||
2 | currently valid Firearm Owner's Identification Card and | ||||||
3 | card number if possessed or notice the applicant is | ||||||
4 | applying for a Firearm Owner's Identification Card in | ||||||
5 | conjunction with the license application; | ||||||
6 | (5) an affirmation that the applicant has not been | ||||||
7 | convicted or found guilty of: | ||||||
8 | (A) a felony; | ||||||
9 | (B) a misdemeanor involving the use or threat of | ||||||
10 | physical force or violence to any person within the 5 | ||||||
11 | years preceding the date of the application; or | ||||||
12 | (C) 2 or more violations related to driving while | ||||||
13 | under the influence of alcohol, other drug or drugs, | ||||||
14 | intoxicating compound or compounds, or any combination | ||||||
15 | thereof, within the 5 years preceding the date of the | ||||||
16 | license application; and | ||||||
17 | (6) whether the applicant has failed a drug test for a | ||||||
18 | drug for which the applicant did not have a prescription, | ||||||
19 | within the previous year, and if so, the provider of the | ||||||
20 | test, the specific substance involved, and the date of the | ||||||
21 | test; | ||||||
22 | (7) written consent for the Department to review and | ||||||
23 | use the applicant's Illinois digital driver's license or | ||||||
24 | Illinois identification card photograph and signature; | ||||||
25 | (8) a full set of fingerprints submitted to the | ||||||
26 | Department in electronic format for the purpose of |
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1 | verification of identity in a form and manner prescribed by | ||||||
2 | the Department, unless the applicant has previously | ||||||
3 | provided a full set of his or her fingerprints to the | ||||||
4 | Department under the Firearm Owners Identification Card | ||||||
5 | Act; , provided the Department may accept an application | ||||||
6 | submitted without a set of fingerprints in which case the | ||||||
7 | Department shall be granted 30 days in addition to the 90 | ||||||
8 | days provided under subsection (e) of Section 10 of this | ||||||
9 | Act to issue or deny a license; | ||||||
10 | (9) a head and shoulder color photograph in a size | ||||||
11 | specified by the Department taken within the 30 days | ||||||
12 | preceding the date of the license application; and | ||||||
13 | (10) a photocopy of any certificates or other evidence | ||||||
14 | of compliance with the training requirements under this | ||||||
15 | Act.
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16 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
17 | (430 ILCS 66/50)
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18 | Sec. 50. License renewal. Applications for renewal of a | ||||||
19 | license shall be made to the Department. A license shall be | ||||||
20 | renewed for a period of 5 years upon receipt of a completed | ||||||
21 | renewal application, completion of 3 hours of training required | ||||||
22 | under Section 75 of this Act, payment of the applicable renewal | ||||||
23 | fee, and completion of an investigation under Section 35 of | ||||||
24 | this Act. The renewal application shall contain the information | ||||||
25 | required in Section 30 of this Act, except that the applicant |
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1 | need not resubmit a full set of fingerprints if the applicant | ||||||
2 | has previously provided a full set of his or her fingerprints | ||||||
3 | to the Department under this Act or the Firearm Owners | ||||||
4 | Identification Card Act .
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5 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)".
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