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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB0074 Introduced 1/12/2017, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/4 | from Ch. 38, par. 83-4 | 430 ILCS 66/30 | |
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Amends the Firearm Owners Identification Card Act. Provides that on and 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. Amends the Firearm Concealed Carry Act. Provides that a license application shall contain a full set of fingerprints submitted to the Department in electronic format for the purpose of verification of identity (rather than a license application shall contain a full set of fingerprints submitted to the Department in electronic format provided the Department may accept an application submitted without a set of fingerprints in which case the Department shall be granted 30 days in addition to the 90 days period to issue or deny a license).
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| | A BILL FOR |
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1 | | AN ACT concerning public 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;
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5 | | (ii) He or she has not been convicted of a felony |
6 | | under the laws of
this or any other jurisdiction;
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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;
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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;
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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;
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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) On and after the effective date of this amendatory |
26 | | Act of the 100th General Assembly, each applicant for the |
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1 | | issuance or renewal of a Firearm Owner's Identification Card |
2 | | 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 | | (b) Each application form shall include the following |
9 | | statement printed in
bold type: "Warning: Entering false |
10 | | information on an application for a Firearm
Owner's |
11 | | Identification Card is punishable as a Class 2 felony in |
12 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
13 | | Owners Identification Card
Act.".
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14 | | (c) Upon such written consent, pursuant to Section 4, |
15 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
16 | | consent shall be liable for any
damages resulting from the |
17 | | applicant's use of firearms or firearm ammunition.
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18 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
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19 | | Section 10. The Firearm Concealed Carry Act is amended by |
20 | | changing Section 30 as follows: |
21 | | (430 ILCS 66/30)
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22 | | Sec. 30. Contents of license application. |
23 | | (a) The license application shall be in writing, under |
24 | | penalty of perjury, on a standard form adopted by the |
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1 | | Department and shall be accompanied by the documentation |
2 | | required in this Section and the applicable fee. Each |
3 | | application form shall include the following statement printed |
4 | | in bold type: "Warning: Entering false information on this form |
5 | | is punishable as perjury under Section 32-2 of the Criminal |
6 | | Code of 2012." |
7 | | (b) The application shall contain the following: |
8 | | (1) the applicant's name, current address, date and |
9 | | year of birth, place of birth, height, weight, hair color, |
10 | | eye color, maiden name or any other name the applicant has |
11 | | used or identified with, and any address where the |
12 | | applicant resided for more than 30 days within the 10 years |
13 | | preceding the date of the license application; |
14 | | (2) the applicant's valid driver's license number or |
15 | | valid state identification card number; |
16 | | (3) a waiver of the applicant's privacy and |
17 | | confidentiality rights and privileges under all federal |
18 | | and state laws, including those limiting access to juvenile |
19 | | court, criminal justice, psychological, or psychiatric |
20 | | records or records relating to any institutionalization of |
21 | | the applicant, and an affirmative request that a person |
22 | | having custody of any of these records provide it or |
23 | | information concerning it to the Department. The waiver |
24 | | only applies to records sought in connection with |
25 | | determining whether the applicant qualifies for a license |
26 | | to carry a concealed firearm under this Act, or whether the |
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1 | | applicant remains in compliance with the Firearm Owners |
2 | | Identification Card Act; |
3 | | (4) an affirmation that the applicant possesses a |
4 | | currently valid Firearm Owner's Identification Card and |
5 | | card number if possessed or notice the applicant is |
6 | | applying for a Firearm Owner's Identification Card in |
7 | | conjunction with the license application; |
8 | | (5) an affirmation that the applicant has not been |
9 | | convicted or found guilty of: |
10 | | (A) a felony; |
11 | | (B) a misdemeanor involving the use or threat of |
12 | | physical force or violence to any person within the 5 |
13 | | years preceding the date of the application; or |
14 | | (C) 2 or more violations related to driving while |
15 | | under the influence of alcohol, other drug or drugs, |
16 | | intoxicating compound or compounds, or any combination |
17 | | thereof, within the 5 years preceding the date of the |
18 | | license application; and |
19 | | (6) whether the applicant has failed a drug test for a |
20 | | drug for which the applicant did not have a prescription, |
21 | | within the previous year, and if so, the provider of the |
22 | | test, the specific substance involved, and the date of the |
23 | | test; |
24 | | (7) written consent for the Department to review and |
25 | | use the applicant's Illinois digital driver's license or |
26 | | Illinois identification card photograph and signature; |
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1 | | (8) a full set of fingerprints submitted to the |
2 | | Department in electronic format for the purpose of |
3 | | verification of identity , provided the Department may |
4 | | accept an application submitted without a set of |
5 | | fingerprints in which case the Department shall be granted |
6 | | 30 days in addition to the 90 days provided under |
7 | | subsection (e) of Section 10 of this Act to issue or deny a |
8 | | license ; |
9 | | (9) a head and shoulder color photograph in a size |
10 | | specified by the Department taken within the 30 days |
11 | | preceding the date of the license application; and |
12 | | (10) a photocopy of any certificates or other evidence |
13 | | of compliance with the training requirements under this |
14 | | Act.
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15 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
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