100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4700

 

Introduced , by Rep. Jonathan Carroll

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 66/20
430 ILCS 66/30
430 ILCS 66/50

    Amends the Firearm Owners Identification Card Act. Provides that 180 days after the effective date of the amendatory Act, each applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of his or her fingerprints in electronic format to the Department of State Police for the purpose of identity verification, unless the applicant has previously provided a full set of his or her fingerprints to the Department under this Act or the Firearm Concealed Carry Act. Provides that the fingerprints must be transmitted through a live scan fingerprint vendor licensed by the Department of Financial and Professional Regulation or a criminal justice agency authorized by the Department to submit fingerprints under the Act or the Firearm Concealed Carry Act. Provides that these fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department and Federal Bureau of Investigation criminal history records databases, including all available state and local criminal history record information files, including records of juvenile adjudications. Provides that the Department shall charge applicants a fee for conducting the criminal history record check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the State and national criminal history record check. Amends the Firearm Concealed Carry Act. Provides that an applicant for renewal need not resubmit a full set of his or her fingerprints if the applicant has previously provided a full set of his or her fingerprints to the Department under the Act or the Firearm Owners Identification Card Act. Makes conforming changes.


LRB100 17829 SLF 33009 b

 

 

A BILL FOR

 

HB4700LRB100 17829 SLF 33009 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 4 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. (a) Each applicant for a Firearm Owner's
8Identification Card must:
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
14        (2) Submit evidence to the Department of State Police
15    that:
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
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;
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;
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;
18            (vii) He or she is not subject to an existing order
19        of protection prohibiting him or her from possessing a
20        firearm;
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;
26            (ix) He or she has not been convicted of domestic

 

 

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1        battery, aggravated domestic battery, or a
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;
16            (x) (Blank);
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:
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:
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
6                    (B) en route to or from another country to
7                which that alien is accredited;
8                (3) an official of a foreign government or
9            distinguished foreign visitor who has been so
10            designated by the Department of State;
11                (4) a foreign law enforcement officer of a
12            friendly foreign government entering the United
13            States on official business; or
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);
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;
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
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
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
20    requested. The information received shall be destroyed
21    within one year of receipt.
22    (a-5) Each applicant for a Firearm Owner's Identification
23Card who is over the age of 18 shall furnish to the Department
24of State Police either his or her Illinois driver's license
25number or Illinois Identification Card number, except as
26provided in subsection (a-10).

 

 

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1    (a-10) Each applicant for a Firearm Owner's Identification
2Card, who is employed as a law enforcement officer, an armed
3security officer in Illinois, or by the United States Military
4permanently assigned in Illinois and who is not an Illinois
5resident, shall furnish to the Department of State Police his
6or her driver's license number or state identification card
7number from his or her state of residence. The Department of
8State Police may adopt rules to enforce the provisions of this
9subsection (a-10).
10    (a-15) If an applicant applying for a Firearm Owner's
11Identification Card moves from the residence address named in
12the application, he or she shall immediately notify in a form
13and manner prescribed by the Department of State Police of that
14change of address.
15    (a-20) Each applicant for a Firearm Owner's Identification
16Card shall furnish to the Department of State Police his or her
17photograph. An applicant who is 21 years of age or older
18seeking a religious exemption to the photograph requirement
19must furnish with the application an approved copy of United
20States Department of the Treasury Internal Revenue Service Form
214029. In lieu of a photograph, an applicant regardless of age
22seeking a religious exemption to the photograph requirement
23shall submit fingerprints on a form and manner prescribed by
24the Department with his or her application.
25    (a-25) Beginning 180 days after the effective date of this
26amendatory Act of the 100th General Assembly, each applicant

 

 

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1for the issuance or renewal of a Firearm Owner's Identification
2Card shall include a full set of his or her fingerprints in
3electronic format to the Department of State Police for the
4purpose of identity verification, unless the applicant has
5previously provided a full set of his or her fingerprints to
6the Department under this Act or the Firearm Concealed Carry
7Act.
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
26statement printed in bold type: "Warning: Entering false

 

 

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1information on an application for a Firearm Owner's
2Identification Card is punishable as a Class 2 felony in
3accordance with subsection (d-5) of Section 14 of the Firearm
4Owners Identification Card Act.".
5    (c) Upon such written consent, pursuant to Section 4,
6paragraph (a)(2)(i), the parent or legal guardian giving the
7consent shall be liable for any damages resulting from the
8applicant's use of firearms or firearm ammunition.
9(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
10    Section 10. The Firearm Concealed Carry Act is amended by
11changing Sections 20, 30, and 50 as follows:
 
12    (430 ILCS 66/20)
13    Sec. 20. Concealed Carry Licensing Review Board.
14    (a) There is hereby created within the Department of State
15Police a Concealed Carry Licensing Review Board to consider any
16objection to an applicant's eligibility to obtain a license
17under this Act submitted by a law enforcement agency or the
18Department under Section 15 of this Act. The Board shall
19consist of 7 commissioners to be appointed by the Governor,
20with the advice and consent of the Senate, with 3 commissioners
21residing within the First Judicial District and one
22commissioner residing within each of the 4 remaining Judicial
23Districts. No more than 4 commissioners shall be members of the
24same political party. The Governor shall designate one

 

 

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1commissioner 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
17January 12, 2015. Thereafter, the commissioners shall hold
18office for 4 years, with terms expiring on the second Monday in
19January of the fourth year. Commissioners may be reappointed.
20Vacancies in the office of commissioner shall be filled in the
21same manner as the original appointment, for the remainder of
22the unexpired term. The Governor may remove a commissioner for
23incompetence, neglect of duty, malfeasance, or inability to
24serve. Commissioners shall receive compensation in an amount
25equal to the compensation of members of the Executive Ethics
26Commission and may be reimbursed for reasonable expenses

 

 

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1actually incurred in the performance of their Board duties,
2from funds appropriated for that purpose.
3    (c) The Board shall meet at the call of the chairperson as
4often as necessary to consider objections to applications for a
5license under this Act. If necessary to ensure the
6participation of a commissioner, the Board shall allow a
7commissioner to participate in a Board meeting by electronic
8communication. Any commissioner participating electronically
9shall be deemed present for purposes of establishing a quorum
10and voting.
11    (d) The Board shall adopt rules for the review of
12objections and the conduct of hearings. The Board shall
13maintain a record of its decisions and all materials considered
14in making its decisions. All Board decisions and voting records
15shall be kept confidential and all materials considered by the
16Board shall be exempt from inspection except upon order of a
17court.
18    (e) In considering an objection of a law enforcement agency
19or the Department, the Board shall review the materials
20received with the objection from the law enforcement agency or
21the Department. By a vote of at least 4 commissioners, the
22Board may request additional information from the law
23enforcement agency, Department, or the applicant, or the
24testimony of the law enforcement agency, Department, or the
25applicant. The Board may require that the applicant submit
26electronic fingerprints to the Department if not previously

 

 

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1submitted for an updated background check where the Board
2determines it lacks sufficient information to determine
3eligibility. The Board may only consider information submitted
4by the Department, a law enforcement agency, or the applicant.
5The Board shall review each objection and determine by a
6majority of commissioners whether an applicant is eligible for
7a license.
8    (f) The Board shall issue a decision within 30 days of
9receipt of the objection from the Department. However, the
10Board 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
23evidence that the applicant poses a danger to himself or
24herself or others, or is a threat to public safety, then the
25Board shall affirm the objection of the law enforcement agency
26or the Department and shall notify the Department that the

 

 

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1applicant is ineligible for a license. If the Board does not
2determine by a preponderance of the evidence that the applicant
3poses a danger to himself or herself or others, or is a threat
4to public safety, then the Board shall notify the Department
5that the applicant is eligible for a license.
6    (h) Meetings of the Board shall not be subject to the Open
7Meetings Act and records of the Board shall not be subject to
8the Freedom of Information Act.
9    (i) The Board shall report monthly to the Governor and the
10General Assembly on the number of objections received and
11provide details of the circumstances in which the Board has
12determined to deny licensure based on law enforcement or
13Department objections under Section 15 of this Act. The report
14shall not contain any identifying information about the
15applicants.
16(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
17    (430 ILCS 66/30)
18    Sec. 30. Contents of license application.
19    (a) The license application shall be in writing, under
20penalty of perjury, on a standard form adopted by the
21Department and shall be accompanied by the documentation
22required in this Section and the applicable fee. Each
23application form shall include the following statement printed
24in bold type: "Warning: Entering false information on this form
25is punishable as perjury under Section 32-2 of the Criminal

 

 

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1Code 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

 

 

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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
12license shall be made to the Department. A license shall be
13renewed for a period of 5 years upon receipt of a completed
14renewal application, completion of 3 hours of training required
15under Section 75 of this Act, payment of the applicable renewal
16fee, and completion of an investigation under Section 35 of
17this Act. The renewal application shall contain the information
18required in Section 30 of this Act, except that the applicant
19need not resubmit a full set of fingerprints if the applicant
20has previously provided a full set of his or her fingerprints
21to the Department under this Act or the Firearm Owners
22Identification Card Act.
23(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)