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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 |