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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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 | |||||||||||||||||||||||||
17 | or she is under 21
years of age that he or she has the | |||||||||||||||||||||||||
18 | written consent of his or her parent or
legal guardian | |||||||||||||||||||||||||
19 | to possess and acquire firearms and firearm ammunition | |||||||||||||||||||||||||
20 | and that
he or she has never been convicted of a | |||||||||||||||||||||||||
21 | misdemeanor other than a traffic
offense or adjudged
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22 | delinquent, provided, however, that such parent or | |||||||||||||||||||||||||
23 | legal guardian is not an
individual prohibited from |
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1 | having a Firearm Owner's Identification Card and
files | ||||||
2 | an affidavit with the Department as prescribed by the | ||||||
3 | Department
stating that he or she is not an individual | ||||||
4 | prohibited from having a Card;
| ||||||
5 | (ii) He or she has not been convicted of a felony | ||||||
6 | under the laws of
this or any other jurisdiction;
| ||||||
7 | (iii) He or she is not addicted to narcotics;
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8 | (iv) He or she has not been a patient in a mental | ||||||
9 | health facility within
the past 5 years or, if he or | ||||||
10 | she has been a patient in a mental health facility more | ||||||
11 | than 5 years ago submit the certification required | ||||||
12 | under subsection (u) of Section 8 of this Act;
| ||||||
13 | (v) He or she is not a person with an intellectual | ||||||
14 | disability;
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15 | (vi) He or she is not an alien who is unlawfully | ||||||
16 | present in the
United States under the laws of the | ||||||
17 | United States;
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18 | (vii) He or she is not subject to an existing order | ||||||
19 | of protection
prohibiting him or her from possessing a | ||||||
20 | firearm;
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21 | (viii) He or she has not been convicted within the | ||||||
22 | past 5 years of
battery, assault, aggravated assault, | ||||||
23 | violation of an order of
protection, or a substantially | ||||||
24 | similar offense in another jurisdiction, in
which a | ||||||
25 | firearm was used or possessed;
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26 | (ix) He or she has not been convicted of domestic |
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1 | battery, aggravated domestic battery, or a
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2 | substantially similar offense in another
jurisdiction | ||||||
3 | committed before, on or after January 1, 2012 (the | ||||||
4 | effective date of Public Act 97-158). If the applicant | ||||||
5 | knowingly and intelligently waives the right to have an | ||||||
6 | offense described in this clause (ix) tried by a jury, | ||||||
7 | and by guilty plea or otherwise, results in a | ||||||
8 | conviction for an offense in which a domestic | ||||||
9 | relationship is not a required element of the offense | ||||||
10 | but in which a determination of the applicability of 18 | ||||||
11 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
12 | Code of Criminal Procedure of 1963, an entry by the | ||||||
13 | court of a judgment of conviction for that offense | ||||||
14 | shall be grounds for denying the issuance of a Firearm | ||||||
15 | Owner's Identification Card under this Section;
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16 | (x) (Blank);
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17 | (xi) He or she is not an alien who has been | ||||||
18 | admitted to the United
States under a non-immigrant | ||||||
19 | visa (as that term is defined in Section
101(a)(26) of | ||||||
20 | the Immigration and Nationality Act (8 U.S.C. | ||||||
21 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
22 | been lawfully admitted to the United
States under a | ||||||
23 | non-immigrant visa if that alien is:
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24 | (1) admitted to the United States for lawful | ||||||
25 | hunting or sporting
purposes;
| ||||||
26 | (2) an official representative of a foreign |
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1 | government who is:
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2 | (A) accredited to the United States | ||||||
3 | Government or the Government's
mission to an | ||||||
4 | international organization having its | ||||||
5 | headquarters in the United
States; or
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6 | (B) en route to or from another country to | ||||||
7 | which that alien is
accredited;
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8 | (3) an official of a foreign government or | ||||||
9 | distinguished foreign
visitor who has been so | ||||||
10 | designated by the Department of State;
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11 | (4) a foreign law enforcement officer of a | ||||||
12 | friendly foreign
government entering the United | ||||||
13 | States on official business; or
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14 | (5) one who has received a waiver from the | ||||||
15 | Attorney General of the
United States pursuant to | ||||||
16 | 18 U.S.C. 922(y)(3);
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17 | (xii) He or she is not a minor subject to a | ||||||
18 | petition filed
under Section 5-520 of the Juvenile | ||||||
19 | Court Act of 1987 alleging that the
minor is a | ||||||
20 | delinquent minor for the commission of an offense that | ||||||
21 | if
committed by an adult would be a felony;
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22 | (xiii) He or she is not an adult who had been | ||||||
23 | adjudicated a delinquent
minor under the Juvenile | ||||||
24 | Court Act of 1987 for the commission of an offense
that | ||||||
25 | if committed by an adult would be a felony;
| ||||||
26 | (xiv) He or she is a resident of the State of |
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1 | Illinois; | ||||||
2 | (xv) He or she has not been adjudicated as a person | ||||||
3 | with a mental disability; | ||||||
4 | (xvi) He or she has not been involuntarily admitted | ||||||
5 | into a mental health facility; and | ||||||
6 | (xvii) He or she is not a person with a | ||||||
7 | developmental disability; and
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8 | (3) Upon request by the Department of State Police, | ||||||
9 | sign a release on a
form prescribed by the Department of | ||||||
10 | State Police waiving any right to
confidentiality and | ||||||
11 | requesting the disclosure to the Department of State Police
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12 | of limited mental health institution admission information | ||||||
13 | from another state,
the District of Columbia, any other | ||||||
14 | territory of the United States, or a
foreign nation | ||||||
15 | concerning the applicant for the sole purpose of | ||||||
16 | determining
whether the applicant is or was a patient in a | ||||||
17 | mental health institution and
disqualified because of that | ||||||
18 | status from receiving a Firearm Owner's
Identification | ||||||
19 | Card. No mental health care or treatment records may be
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20 | requested. The information received shall be destroyed | ||||||
21 | within one year of
receipt.
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22 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
23 | Card who is over
the age of 18 shall furnish to the Department | ||||||
24 | of State Police either his or
her Illinois driver's license | ||||||
25 | number or Illinois Identification Card number, except as
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26 | provided in subsection (a-10).
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1 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
2 | Card,
who is employed as a law enforcement officer, an armed | ||||||
3 | security officer in Illinois, or by the United States Military
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4 | permanently assigned in Illinois and who is not an Illinois | ||||||
5 | resident, shall furnish to
the Department of State Police his | ||||||
6 | or her driver's license number or state
identification card | ||||||
7 | number from his or her state of residence. The Department
of | ||||||
8 | State Police may adopt rules to enforce the provisions of this
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9 | subsection (a-10).
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10 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
11 | Identification Card moves from the residence address named in | ||||||
12 | the application, he or she shall immediately notify in a form | ||||||
13 | and manner prescribed by the Department of State Police of that | ||||||
14 | change of address. | ||||||
15 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
16 | Card shall furnish to the Department of State Police his or her | ||||||
17 | photograph. An applicant who is 21 years of age or older | ||||||
18 | seeking a religious exemption to the photograph requirement | ||||||
19 | must furnish with the application an approved copy of United | ||||||
20 | States Department of the Treasury Internal Revenue Service Form | ||||||
21 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
22 | seeking a religious exemption to the photograph requirement | ||||||
23 | shall submit fingerprints on a form and manner prescribed by | ||||||
24 | the Department with his or her application. | ||||||
25 | (a-25) Beginning 180 days after the effective date of this | ||||||
26 | amendatory Act of the 100th General Assembly, each applicant |
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1 | for the issuance or renewal of a Firearm Owner's Identification | ||||||
2 | Card shall include a full set of his or her fingerprints in | ||||||
3 | electronic format to the Department of State Police for the | ||||||
4 | purpose of identity verification, unless the applicant has | ||||||
5 | previously provided a full set of his or her fingerprints to | ||||||
6 | the Department under this Act or the Firearm Concealed Carry | ||||||
7 | Act. | ||||||
8 | (1) The fingerprints must be transmitted through a | ||||||
9 | live scan fingerprint vendor licensed by the | ||||||
10 | Department of Financial and Professional Regulation or | ||||||
11 | a criminal justice agency authorized by the Department | ||||||
12 | to submit fingerprints under this Act or the Firearm | ||||||
13 | Concealed Carry Act. These fingerprints shall be | ||||||
14 | checked against the fingerprint records now and | ||||||
15 | hereafter filed in the Department and Federal Bureau of | ||||||
16 | Investigation criminal history records databases, | ||||||
17 | including all available State and local criminal | ||||||
18 | history record information files, including records of | ||||||
19 | juvenile adjudications. | ||||||
20 | (2) The Department shall charge applicants a fee | ||||||
21 | for conducting the criminal history record check, | ||||||
22 | which shall be deposited in the State Police Services | ||||||
23 | Fund and shall not exceed the actual cost of the State | ||||||
24 | and national criminal history record checks. | ||||||
25 | (b) Each application form shall include the following | ||||||
26 | statement printed in
bold type: "Warning: Entering false |
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1 | information on an application for a Firearm
Owner's | ||||||
2 | Identification Card is punishable as a Class 2 felony in | ||||||
3 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
4 | Owners Identification Card
Act.".
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5 | (c) Upon such written consent, pursuant to Section 4, | ||||||
6 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
7 | consent shall be liable for any
damages resulting from the | ||||||
8 | applicant's use of firearms or firearm ammunition.
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9 | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
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10 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
11 | changing Sections 20, 30, and 50 as follows: | ||||||
12 | (430 ILCS 66/20)
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13 | Sec. 20. Concealed Carry Licensing Review Board. | ||||||
14 | (a) There is hereby created within the Department of State | ||||||
15 | Police a Concealed Carry Licensing Review Board to consider any | ||||||
16 | objection to an applicant's eligibility to obtain a license | ||||||
17 | under this Act submitted by a law enforcement agency or the | ||||||
18 | Department under Section 15 of this Act. The Board shall | ||||||
19 | consist of 7 commissioners to be appointed by the Governor, | ||||||
20 | with the advice and consent of the Senate, with 3 commissioners | ||||||
21 | residing within the First Judicial District and one | ||||||
22 | commissioner residing within each of the 4 remaining Judicial | ||||||
23 | Districts. No more than 4 commissioners shall be members of the | ||||||
24 | same political party. The Governor shall designate one |
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1 | commissioner as the Chairperson. The Board shall consist of: | ||||||
2 | (1) one commissioner with at least 5 years of service | ||||||
3 | as a federal judge; | ||||||
4 | (2) 2 commissioners with at least 5 years of experience | ||||||
5 | serving as an attorney with the United States Department of | ||||||
6 | Justice; | ||||||
7 | (3) 3 commissioners with at least 5 years of experience | ||||||
8 | as a federal agent or employee with investigative | ||||||
9 | experience or duties related to criminal justice under the | ||||||
10 | United States Department of Justice, Drug Enforcement | ||||||
11 | Administration, Department of Homeland Security, or | ||||||
12 | Federal Bureau of Investigation; and | ||||||
13 | (4) one member with at least 5 years of experience as a | ||||||
14 | licensed physician or clinical psychologist with expertise | ||||||
15 | in the diagnosis and treatment of mental illness. | ||||||
16 | (b) The initial terms of the commissioners shall end on | ||||||
17 | January 12, 2015. Thereafter, the commissioners shall hold | ||||||
18 | office for 4 years, with terms expiring on the second Monday in | ||||||
19 | January of the fourth year. Commissioners may be reappointed. | ||||||
20 | Vacancies in the office of commissioner shall be filled in the | ||||||
21 | same manner as the original appointment, for the remainder of | ||||||
22 | the unexpired term. The Governor may remove a commissioner for | ||||||
23 | incompetence, neglect of duty, malfeasance, or inability to | ||||||
24 | serve. Commissioners shall receive compensation in an amount | ||||||
25 | equal to the compensation of members of the Executive Ethics | ||||||
26 | Commission and may be reimbursed for reasonable expenses |
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1 | actually incurred in the performance of their Board duties, | ||||||
2 | from funds appropriated for that purpose. | ||||||
3 | (c) The Board shall meet at the call of the chairperson as | ||||||
4 | often as necessary to consider objections to applications for a | ||||||
5 | license under this Act. If necessary to ensure the | ||||||
6 | participation of a commissioner, the Board shall allow a | ||||||
7 | commissioner to participate in a Board meeting by electronic | ||||||
8 | communication. Any commissioner participating electronically | ||||||
9 | shall be deemed present for purposes of establishing a quorum | ||||||
10 | and voting. | ||||||
11 | (d) The Board shall adopt rules for the review of | ||||||
12 | objections and the conduct of hearings. The Board shall | ||||||
13 | maintain a record of its decisions and all materials considered | ||||||
14 | in making its decisions. All Board decisions and voting records | ||||||
15 | shall be kept confidential and all materials considered by the | ||||||
16 | Board shall be exempt from inspection except upon order of a | ||||||
17 | court. | ||||||
18 | (e) In considering an objection of a law enforcement agency | ||||||
19 | or the Department, the Board shall review the materials | ||||||
20 | received with the objection from the law enforcement agency or | ||||||
21 | the Department. By a vote of at least 4 commissioners, the | ||||||
22 | Board may request additional information from the law | ||||||
23 | enforcement agency, Department, or the applicant, or the | ||||||
24 | testimony of the law enforcement agency, Department, or the | ||||||
25 | applicant. The Board may require that the applicant submit | ||||||
26 | electronic fingerprints to the Department if not previously |
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1 | submitted for an updated background check where the Board | ||||||
2 | determines it lacks sufficient information to determine | ||||||
3 | eligibility. The Board may only consider information submitted | ||||||
4 | by the Department, a law enforcement agency, or the applicant. | ||||||
5 | The Board shall review each objection and determine by a | ||||||
6 | majority of commissioners whether an applicant is eligible for | ||||||
7 | a license. | ||||||
8 | (f) The Board shall issue a decision within 30 days of | ||||||
9 | receipt of the objection from the Department. However, the | ||||||
10 | Board need not issue a decision within 30 days if: | ||||||
11 | (1) the Board requests information from the applicant, | ||||||
12 | including but not limited to electronic fingerprints to be | ||||||
13 | submitted to the Department if not previously submitted , in | ||||||
14 | accordance with subsection (e) of this Section, in which | ||||||
15 | case the Board shall make a decision within 30 days of | ||||||
16 | receipt of the required information from the applicant; | ||||||
17 | (2) the applicant agrees, in writing, to allow the | ||||||
18 | Board additional time to consider an objection; or | ||||||
19 | (3) the Board notifies the applicant and the Department | ||||||
20 | that the Board needs an additional 30 days to issue a | ||||||
21 | decision. | ||||||
22 | (g) If the Board determines by a preponderance of the | ||||||
23 | evidence that the applicant poses a danger to himself or | ||||||
24 | herself or others, or is a threat to public safety, then the | ||||||
25 | Board shall affirm the objection of the law enforcement agency | ||||||
26 | or the Department and shall notify the Department that the |
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1 | applicant is ineligible for a license. If the Board does not | ||||||
2 | determine by a preponderance of the evidence that the applicant | ||||||
3 | poses a danger to himself or herself or others, or is a threat | ||||||
4 | to public safety, then the Board shall notify the Department | ||||||
5 | that the applicant is eligible for a license. | ||||||
6 | (h) Meetings of the Board shall not be subject to the Open | ||||||
7 | Meetings Act and records of the Board shall not be subject to | ||||||
8 | the Freedom of Information Act. | ||||||
9 | (i) The Board shall report monthly to the Governor and the | ||||||
10 | General Assembly on the number of objections received and | ||||||
11 | provide details of the circumstances in which the Board has | ||||||
12 | determined to deny licensure based on law enforcement or | ||||||
13 | Department objections under Section 15 of this Act. The report | ||||||
14 | shall not contain any identifying information about the | ||||||
15 | applicants.
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16 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||||||
17 | (430 ILCS 66/30)
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18 | Sec. 30. Contents of license application. | ||||||
19 | (a) The license application shall be in writing, under | ||||||
20 | penalty of perjury, on a standard form adopted by the | ||||||
21 | Department and shall be accompanied by the documentation | ||||||
22 | required in this Section and the applicable fee. Each | ||||||
23 | application form shall include the following statement printed | ||||||
24 | in bold type: "Warning: Entering false information on this form | ||||||
25 | is punishable as perjury under Section 32-2 of the Criminal |
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1 | Code of 2012." | ||||||
2 | (b) The application shall contain the following: | ||||||
3 | (1) the applicant's name, current address, date and | ||||||
4 | year of birth, place of birth, height, weight, hair color, | ||||||
5 | eye color, maiden name or any other name the applicant has | ||||||
6 | used or identified with, and any address where the | ||||||
7 | applicant resided for more than 30 days within the 10 years | ||||||
8 | preceding the date of the license application; | ||||||
9 | (2) the applicant's valid driver's license number or | ||||||
10 | valid state identification card number; | ||||||
11 | (3) a waiver of the applicant's privacy and | ||||||
12 | confidentiality rights and privileges under all federal | ||||||
13 | and state laws, including those limiting access to juvenile | ||||||
14 | court, criminal justice, psychological, or psychiatric | ||||||
15 | records or records relating to any institutionalization of | ||||||
16 | the applicant, and an affirmative request that a person | ||||||
17 | having custody of any of these records provide it or | ||||||
18 | information concerning it to the Department. The waiver | ||||||
19 | only applies to records sought in connection with | ||||||
20 | determining whether the applicant qualifies for a license | ||||||
21 | to carry a concealed firearm under this Act, or whether the | ||||||
22 | applicant remains in compliance with the Firearm Owners | ||||||
23 | Identification Card Act; | ||||||
24 | (4) an affirmation that the applicant possesses a | ||||||
25 | currently valid Firearm Owner's Identification Card and | ||||||
26 | card number if possessed or notice the applicant is |
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1 | applying for a Firearm Owner's Identification Card in | ||||||
2 | conjunction with the license application; | ||||||
3 | (5) an affirmation that the applicant has not been | ||||||
4 | convicted or found guilty of: | ||||||
5 | (A) a felony; | ||||||
6 | (B) a misdemeanor involving the use or threat of | ||||||
7 | physical force or violence to any person within the 5 | ||||||
8 | years preceding the date of the application; or | ||||||
9 | (C) 2 or more violations related to driving while | ||||||
10 | under the influence of alcohol, other drug or drugs, | ||||||
11 | intoxicating compound or compounds, or any combination | ||||||
12 | thereof, within the 5 years preceding the date of the | ||||||
13 | license application; and | ||||||
14 | (6) whether the applicant has failed a drug test for a | ||||||
15 | drug for which the applicant did not have a prescription, | ||||||
16 | within the previous year, and if so, the provider of the | ||||||
17 | test, the specific substance involved, and the date of the | ||||||
18 | test; | ||||||
19 | (7) written consent for the Department to review and | ||||||
20 | use the applicant's Illinois digital driver's license or | ||||||
21 | Illinois identification card photograph and signature; | ||||||
22 | (8) a full set of fingerprints submitted to the | ||||||
23 | Department in electronic format , provided the Department | ||||||
24 | may accept an application submitted without a set of | ||||||
25 | fingerprints in which case the Department shall be granted | ||||||
26 | 30 days in addition to the 90 days provided under |
| |||||||
| |||||||
1 | subsection (e) of Section 10 of this Act to issue or deny a | ||||||
2 | license; | ||||||
3 | (9) a head and shoulder color photograph in a size | ||||||
4 | specified by the Department taken within the 30 days | ||||||
5 | preceding the date of the license application; and | ||||||
6 | (10) a photocopy of any certificates or other evidence | ||||||
7 | of compliance with the training requirements under this | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
10 | (430 ILCS 66/50)
| ||||||
11 | Sec. 50. License renewal. Applications for renewal of a | ||||||
12 | license shall be made to the Department. A license shall be | ||||||
13 | renewed for a period of 5 years upon receipt of a completed | ||||||
14 | renewal application, completion of 3 hours of training required | ||||||
15 | under Section 75 of this Act, payment of the applicable renewal | ||||||
16 | fee, and completion of an investigation under Section 35 of | ||||||
17 | this Act. The renewal application shall contain the information | ||||||
18 | required in Section 30 of this Act, except that the applicant | ||||||
19 | need not resubmit a full set of fingerprints if the applicant | ||||||
20 | has previously provided a full set of his or her fingerprints | ||||||
21 | to the Department under this Act or the Firearm Owners | ||||||
22 | Identification Card Act .
| ||||||
23 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
|