101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2883

 

Introduced , by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/2.5 new
430 ILCS 65/3.1  from Ch. 38, par. 83-3.1
430 ILCS 65/8  from Ch. 38, par. 83-8

    Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall create and maintain a database that a person can voluntarily apply to in order to be barred from purchasing a firearm. Provides that the application shall be notarized and submitted to the Department, in a form and manner prescribed by the Department. Provides that a person shall remain on the database until he or she submits a notarized withdrawal application. Provides that the withdrawal application shall automatically be approved and become effective 7 days after receipt by the Department. Provides that the Department has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance a person who voluntarily registers on the Department's voluntary do not sell to database.


LRB101 05061 SLF 50071 b

 

 

A BILL FOR

 

HB2883LRB101 05061 SLF 50071 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 Sections 3.1 and 8 and by adding Section
62.5 as follows:
 
7    (430 ILCS 65/2.5 new)
8    Sec. 2.5. Voluntary database; purchase of firearms. The
9Department of State Police shall create and maintain a database
10that a person can voluntarily apply to in order to be barred
11from purchasing a firearm. The application shall be notarized
12and submitted to the Department, in a form and manner
13prescribed by the Department. The Department shall immediately
14update the database upon receipt of each application. A person
15shall remain on the database until he or she submits a
16notarized withdrawal application to the Department, in a form
17and manner prescribed by the Department. The withdrawal
18application shall automatically be approved and become
19effective 7 days after receipt by the Department. The
20Department shall immediately update its database once an
21application becomes effective and remove the person from the
22database.
 

 

 

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1    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
2    Sec. 3.1. Dial up system.
3    (a) The Department of State Police shall provide a dial up
4telephone system or utilize other existing technology which
5shall be used by any federally licensed firearm dealer, gun
6show promoter, or gun show vendor who is to transfer a firearm,
7stun gun, or taser under the provisions of this Act. The
8Department of State Police may utilize existing technology
9which allows the caller to be charged a fee not to exceed $2.
10Fees collected by the Department of State Police shall be
11deposited in the State Police Services Fund and used to provide
12the service.
13    (b) Upon receiving a request from a federally licensed
14firearm dealer, gun show promoter, or gun show vendor, the
15Department of State Police shall immediately approve, or within
16the time period established by Section 24-3 of the Criminal
17Code of 2012 regarding the delivery of firearms, stun guns, and
18tasers notify the inquiring dealer, gun show promoter, or gun
19show vendor of any objection that would disqualify the
20transferee from acquiring or possessing a firearm, stun gun, or
21taser. In conducting the inquiry, the Department of State
22Police shall initiate and complete an automated search of its
23criminal history record information files and those of the
24Federal Bureau of Investigation, including the National
25Instant Criminal Background Check System, the Department of
26State Police voluntary do not sell to database, and of the

 

 

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1files of the Department of Human Services relating to mental
2health and developmental disabilities to obtain any felony
3conviction or patient hospitalization information which would
4disqualify a person from obtaining or require revocation of a
5currently valid Firearm Owner's Identification Card.
6    (c) If receipt of a firearm would not violate Section 24-3
7of the Criminal Code of 2012, federal law, or this Act the
8Department of State Police shall:
9        (1) assign a unique identification number to the
10    transfer; and
11        (2) provide the licensee, gun show promoter, or gun
12    show vendor with the number.
13    (d) Approvals issued by the Department of State Police for
14the purchase of a firearm are valid for 30 days from the date
15of issue.
16    (e) (1) The Department of State Police must act as the
17Illinois Point of Contact for the National Instant Criminal
18Background Check System.
19    (2) The Department of State Police and the Department of
20Human Services shall, in accordance with State and federal law
21regarding confidentiality, enter into a memorandum of
22understanding with the Federal Bureau of Investigation for the
23purpose of implementing the National Instant Criminal
24Background Check System in the State. The Department of State
25Police shall report the name, date of birth, and physical
26description of any person prohibited from possessing a firearm

 

 

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1pursuant to the Firearm Owners Identification Card Act or 18
2U.S.C. 922(g) and (n) to the National Instant Criminal
3Background Check System Index, Denied Persons Files.
4    (3) The Department of State Police shall provide notice of
5the disqualification of a person under subsection (b) of this
6Section or the revocation of a person's Firearm Owner's
7Identification Card under Section 8 or Section 8.2 of this Act,
8and the reason for the disqualification or revocation, to all
9law enforcement agencies with jurisdiction to assist with the
10seizure of the person's Firearm Owner's Identification Card.
11    (f) The Department of State Police shall adopt rules not
12inconsistent with this Section to implement this system.
13(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
 
14    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
15    Sec. 8. Grounds for denial and revocation. The Department
16of State Police has authority to deny an application for or to
17revoke and seize a Firearm Owner's Identification Card
18previously issued under this Act only if the Department finds
19that the applicant or the person to whom such card was issued
20is or was at the time of issuance:
21        (a) A person under 21 years of age who has been
22    convicted of a misdemeanor other than a traffic offense or
23    adjudged delinquent;
24        (b) A person under 21 years of age who does not have
25    the written consent of his parent or guardian to acquire

 

 

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1    and possess firearms and firearm ammunition, or whose
2    parent or guardian has revoked such written consent, or
3    where such parent or guardian does not qualify to have a
4    Firearm Owner's Identification Card;
5        (c) A person convicted of a felony under the laws of
6    this or any other jurisdiction;
7        (d) A person addicted to narcotics;
8        (e) A person who has been a patient of a mental health
9    facility within the past 5 years or a person who has been a
10    patient in a mental health facility more than 5 years ago
11    who has not received the certification required under
12    subsection (u) of this Section. An active law enforcement
13    officer employed by a unit of government who is denied,
14    revoked, or has his or her Firearm Owner's Identification
15    Card seized under this subsection (e) may obtain relief as
16    described in subsection (c-5) of Section 10 of this Act if
17    the officer did not act in a manner threatening to the
18    officer, another person, or the public as determined by the
19    treating clinical psychologist or physician, and the
20    officer seeks mental health treatment;
21        (f) A person whose mental condition is of such a nature
22    that it poses a clear and present danger to the applicant,
23    any other person or persons or the community;
24        (g) A person who has an intellectual disability;
25        (h) A person who intentionally makes a false statement
26    in the Firearm Owner's Identification Card application;

 

 

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1        (h-5) A person who voluntarily registers on the
2    Department's voluntary do not sell to database;
3        (i) An alien who is unlawfully present in the United
4    States under the laws of the United States;
5        (i-5) An alien who has been admitted to the United
6    States under a non-immigrant visa (as that term is defined
7    in Section 101(a)(26) of the Immigration and Nationality
8    Act (8 U.S.C. 1101(a)(26))), except that this subsection
9    (i-5) does not apply to any alien who has been lawfully
10    admitted to the United States under a non-immigrant visa if
11    that alien is:
12            (1) admitted to the United States for lawful
13        hunting or sporting purposes;
14            (2) an official representative of a foreign
15        government who is:
16                (A) accredited to the United States Government
17            or the Government's mission to an international
18            organization having its headquarters in the United
19            States; or
20                (B) en route to or from another country to
21            which that alien is accredited;
22            (3) an official of a foreign government or
23        distinguished foreign visitor who has been so
24        designated by the Department of State;
25            (4) a foreign law enforcement officer of a friendly
26        foreign government entering the United States on

 

 

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1        official business; or
2            (5) one who has received a waiver from the Attorney
3        General of the United States pursuant to 18 U.S.C.
4        922(y)(3);
5        (j) (Blank);
6        (k) A person who has been convicted within the past 5
7    years of battery, assault, aggravated assault, violation
8    of an order of protection, or a substantially similar
9    offense in another jurisdiction, in which a firearm was
10    used or possessed;
11        (l) A person who has been convicted of domestic
12    battery, aggravated domestic battery, or a substantially
13    similar offense in another jurisdiction committed before,
14    on or after January 1, 2012 (the effective date of Public
15    Act 97-158). If the applicant or person who has been
16    previously issued a Firearm Owner's Identification Card
17    under this Act knowingly and intelligently waives the right
18    to have an offense described in this paragraph (l) tried by
19    a jury, and by guilty plea or otherwise, results in a
20    conviction for an offense in which a domestic relationship
21    is not a required element of the offense but in which a
22    determination of the applicability of 18 U.S.C. 922(g)(9)
23    is made under Section 112A-11.1 of the Code of Criminal
24    Procedure of 1963, an entry by the court of a judgment of
25    conviction for that offense shall be grounds for denying an
26    application for and for revoking and seizing a Firearm

 

 

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1    Owner's Identification Card previously issued to the
2    person under this Act;
3        (m) (Blank);
4        (n) A person who is prohibited from acquiring or
5    possessing firearms or firearm ammunition by any Illinois
6    State statute or by federal law;
7        (o) A minor subject to a petition filed under Section
8    5-520 of the Juvenile Court Act of 1987 alleging that the
9    minor is a delinquent minor for the commission of an
10    offense that if committed by an adult would be a felony;
11        (p) An adult who had been adjudicated a delinquent
12    minor under the Juvenile Court Act of 1987 for the
13    commission of an offense that if committed by an adult
14    would be a felony;
15        (q) A person who is not a resident of the State of
16    Illinois, except as provided in subsection (a-10) of
17    Section 4;
18        (r) A person who has been adjudicated as a person with
19    a mental disability;
20        (s) A person who has been found to have a developmental
21    disability;
22        (t) A person involuntarily admitted into a mental
23    health facility; or
24        (u) A person who has had his or her Firearm Owner's
25    Identification Card revoked or denied under subsection (e)
26    of this Section or item (iv) of paragraph (2) of subsection

 

 

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1    (a) of Section 4 of this Act because he or she was a
2    patient in a mental health facility as provided in
3    subsection (e) of this Section, shall not be permitted to
4    obtain a Firearm Owner's Identification Card, after the
5    5-year period has lapsed, unless he or she has received a
6    mental health evaluation by a physician, clinical
7    psychologist, or qualified examiner as those terms are
8    defined in the Mental Health and Developmental
9    Disabilities Code, and has received a certification that he
10    or she is not a clear and present danger to himself,
11    herself, or others. The physician, clinical psychologist,
12    or qualified examiner making the certification and his or
13    her employer shall not be held criminally, civilly, or
14    professionally liable for making or not making the
15    certification required under this subsection, except for
16    willful or wanton misconduct. This subsection does not
17    apply to a person whose firearm possession rights have been
18    restored through administrative or judicial action under
19    Section 10 or 11 of this Act.
20    Upon revocation of a person's Firearm Owner's
21Identification Card, the Department of State Police shall
22provide notice to the person and the person shall comply with
23Section 9.5 of this Act.
24(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
25eff. 7-16-14; 99-143, eff. 7-27-15.)