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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 Sections 4 and 8 as follows:
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6 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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7 | Sec. 4. Application for Firearm Owner's Identification | |||||||||||||||||||||
8 | Cards. | |||||||||||||||||||||
9 | (a) Each applicant for a Firearm Owner's Identification | |||||||||||||||||||||
10 | Card must:
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11 | (1) Make application on blank forms prepared and | |||||||||||||||||||||
12 | furnished at convenient
locations throughout the State by | |||||||||||||||||||||
13 | the Department of State Police, or by
electronic means, if | |||||||||||||||||||||
14 | and when made available by the Department of State
Police; | |||||||||||||||||||||
15 | and
| |||||||||||||||||||||
16 | (2) Submit evidence to the Department of State Police | |||||||||||||||||||||
17 | that:
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18 | (i) This subparagraph (i) applies through January | |||||||||||||||||||||
19 | 8, 2020 the 180th day following the effective date of | |||||||||||||||||||||
20 | this amendatory Act of the 101st General Assembly . He | |||||||||||||||||||||
21 | or she is 21 years of age or over, or if he or she is | |||||||||||||||||||||
22 | under 21
years of age that he or she has the written | |||||||||||||||||||||
23 | consent of his or her parent or
legal guardian to |
| |||||||
| |||||||
1 | possess and acquire firearms and firearm ammunition | ||||||
2 | and that
he or she has never been convicted of a | ||||||
3 | misdemeanor other than a traffic
offense or adjudged
| ||||||
4 | delinquent, provided, however, that such parent or | ||||||
5 | legal guardian is not an
individual prohibited from | ||||||
6 | having a Firearm Owner's Identification Card and
files | ||||||
7 | an affidavit with the Department as prescribed by the | ||||||
8 | Department
stating that he or she is not an individual | ||||||
9 | prohibited from having a Card; | ||||||
10 | (i-5) This subparagraph (i-5) applies on and after | ||||||
11 | January 9, 2020 the 181st day following the effective | ||||||
12 | date of this amendatory Act of the 101st General | ||||||
13 | Assembly . Except as otherwise provided in subparagraph | ||||||
14 | (i-6), he He or she is 21 years of age or over, or if | ||||||
15 | he or she is under 21
years of age that he or she has | ||||||
16 | never been convicted of a misdemeanor other than a | ||||||
17 | traffic offense or adjudged delinquent and is an | ||||||
18 | active duty member of the United States Armed Forces | ||||||
19 | or has the written consent of his or her parent or
| ||||||
20 | legal guardian to possess and acquire firearms and | ||||||
21 | firearm ammunition, provided, however, that such | ||||||
22 | parent or legal guardian is not an
individual | ||||||
23 | prohibited from having a Firearm Owner's | ||||||
24 | Identification Card and
files an affidavit with the | ||||||
25 | Department as prescribed by the Department
stating | ||||||
26 | that he or she is not an individual prohibited from |
| |||||||
| |||||||
1 | having a Card or the active duty member of the United | ||||||
2 | States Armed Forces under 21 years of age annually | ||||||
3 | submits proof to the Department of State Police, in a | ||||||
4 | manner prescribed by the Department;
| ||||||
5 | (i-6) The applicant (A) is 18 years of age or older | ||||||
6 | but under 21 years of age; (B) is not an active duty | ||||||
7 | member of the United States Armed Forces; and (C) does | ||||||
8 | not have a parent or legal guardian to give written | ||||||
9 | consent to his or her application; | ||||||
10 | (ii) He or she has not been convicted of a felony | ||||||
11 | under the laws of
this or any other jurisdiction;
| ||||||
12 | (iii) He or she is not addicted to narcotics;
| ||||||
13 | (iv) He or she has not been a patient in a mental | ||||||
14 | health facility within
the past 5 years or, if he or | ||||||
15 | she has been a patient in a mental health facility more | ||||||
16 | than 5 years ago submit the certification required | ||||||
17 | under subsection (u) of Section 8 of this Act;
| ||||||
18 | (v) He or she is not a person with an intellectual | ||||||
19 | disability;
| ||||||
20 | (vi) He or she is not an alien who is unlawfully | ||||||
21 | present in the
United States under the laws of the | ||||||
22 | United States;
| ||||||
23 | (vii) He or she is not subject to an existing order | ||||||
24 | of protection
prohibiting him or her from possessing a | ||||||
25 | firearm;
| ||||||
26 | (viii) He or she has not been convicted within the |
| |||||||
| |||||||
1 | past 5 years of
battery, assault, aggravated assault, | ||||||
2 | violation of an order of
protection, or a | ||||||
3 | substantially similar offense in another jurisdiction, | ||||||
4 | in
which a firearm was used or possessed;
| ||||||
5 | (ix) He or she has not been convicted of domestic | ||||||
6 | battery, aggravated domestic battery, or a
| ||||||
7 | substantially similar offense in another
jurisdiction | ||||||
8 | committed before, on or after January 1, 2012 (the | ||||||
9 | effective date of Public Act 97-158). If the applicant | ||||||
10 | knowingly and intelligently waives the right to have | ||||||
11 | an offense described in this clause (ix) tried by a | ||||||
12 | jury, and by guilty plea or otherwise, results in a | ||||||
13 | conviction for an offense in which a domestic | ||||||
14 | relationship is not a required element of the offense | ||||||
15 | but in which a determination of the applicability of | ||||||
16 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
17 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
18 | court of a judgment of conviction for that offense | ||||||
19 | shall be grounds for denying the issuance of a Firearm | ||||||
20 | Owner's Identification Card under this Section;
| ||||||
21 | (x) (Blank);
| ||||||
22 | (xi) He or she is not an alien who has been | ||||||
23 | admitted to the United
States under a non-immigrant | ||||||
24 | visa (as that term is defined in Section
101(a)(26) of | ||||||
25 | the Immigration and Nationality Act (8 U.S.C. | ||||||
26 | 1101(a)(26))),
or that he or she is an alien who has |
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| |||||||
1 | been lawfully admitted to the United
States under a | ||||||
2 | non-immigrant visa if that alien is:
| ||||||
3 | (1) admitted to the United States for lawful | ||||||
4 | hunting or sporting
purposes;
| ||||||
5 | (2) an official representative of a foreign | ||||||
6 | government who is:
| ||||||
7 | (A) accredited to the United States | ||||||
8 | Government or the Government's
mission to an | ||||||
9 | international organization having its | ||||||
10 | headquarters in the United
States; or
| ||||||
11 | (B) en route to or from another country to | ||||||
12 | which that alien is
accredited;
| ||||||
13 | (3) an official of a foreign government or | ||||||
14 | distinguished foreign
visitor who has been so | ||||||
15 | designated by the Department of State;
| ||||||
16 | (4) a foreign law enforcement officer of a | ||||||
17 | friendly foreign
government entering the United | ||||||
18 | States on official business; or
| ||||||
19 | (5) one who has received a waiver from the | ||||||
20 | Attorney General of the
United States pursuant to | ||||||
21 | 18 U.S.C. 922(y)(3);
| ||||||
22 | (xii) He or she is not a minor subject to a | ||||||
23 | petition filed
under Section 5-520 of the Juvenile | ||||||
24 | Court Act of 1987 alleging that the
minor is a | ||||||
25 | delinquent minor for the commission of an offense that | ||||||
26 | if
committed by an adult would be a felony;
|
| |||||||
| |||||||
1 | (xiii) He or she is not an adult who had been | ||||||
2 | adjudicated a delinquent
minor under the Juvenile | ||||||
3 | Court Act of 1987 for the commission of an offense
that | ||||||
4 | if committed by an adult would be a felony;
| ||||||
5 | (xiv) He or she is a resident of the State of | ||||||
6 | Illinois; | ||||||
7 | (xv) He or she has not been adjudicated as a person | ||||||
8 | with a mental disability; | ||||||
9 | (xvi) He or she has not been involuntarily | ||||||
10 | admitted into a mental health facility; and | ||||||
11 | (xvii) He or she is not a person with a | ||||||
12 | developmental disability; and | ||||||
13 | (3) Upon request by the Department of State Police, | ||||||
14 | sign a release on a
form prescribed by the Department of | ||||||
15 | State Police waiving any right to
confidentiality and | ||||||
16 | requesting the disclosure to the Department of State | ||||||
17 | Police
of limited mental health institution admission | ||||||
18 | information from another state,
the District of Columbia, | ||||||
19 | any other territory of the United States, or a
foreign | ||||||
20 | nation concerning the applicant for the sole purpose of | ||||||
21 | determining
whether the applicant is or was a patient in a | ||||||
22 | mental health institution and
disqualified because of that | ||||||
23 | status from receiving a Firearm Owner's
Identification | ||||||
24 | Card. No mental health care or treatment records may be
| ||||||
25 | requested. The information received shall be destroyed | ||||||
26 | within one year of
receipt.
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| |||||||
1 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
2 | Card who is over
the age of 18 shall furnish to the Department | ||||||
3 | of State Police either his or
her Illinois driver's license | ||||||
4 | number or Illinois Identification Card number, except as
| ||||||
5 | provided in subsection (a-10).
| ||||||
6 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
7 | Card,
who is employed as a law enforcement officer, an armed | ||||||
8 | security officer in Illinois, or by the United States Military
| ||||||
9 | permanently assigned in Illinois and who is not an Illinois | ||||||
10 | resident, shall furnish to
the Department of State Police his | ||||||
11 | or her driver's license number or state
identification card | ||||||
12 | number from his or her state of residence. The Department
of | ||||||
13 | State Police may adopt rules to enforce the provisions of this
| ||||||
14 | subsection (a-10).
| ||||||
15 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
16 | Identification Card moves from the residence address named in | ||||||
17 | the application, he or she shall immediately notify in a form | ||||||
18 | and manner prescribed by the Department of State Police of | ||||||
19 | that change of address. | ||||||
20 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
21 | Card shall furnish to the Department of State Police his or her | ||||||
22 | photograph. An applicant who is 21 years of age or older | ||||||
23 | seeking a religious exemption to the photograph requirement | ||||||
24 | must furnish with the application an approved copy of United | ||||||
25 | States Department of the Treasury Internal Revenue Service | ||||||
26 | Form 4029. In lieu of a photograph, an applicant regardless of |
| |||||||
| |||||||
1 | age seeking a religious exemption to the photograph | ||||||
2 | requirement shall submit fingerprints on a form and manner | ||||||
3 | prescribed by the Department with his or her application. | ||||||
4 | (a-25) Evidence submitted to meet the requirements of | ||||||
5 | subdivision (a)(2)(i-6) of this Section shall include the | ||||||
6 | following: | ||||||
7 | (1) 2 signed, dated, and notarized personal references | ||||||
8 | regarding the applicant's suitability to possess firearms; | ||||||
9 | (2) a signed, dated, and notarized statement detailing | ||||||
10 | the reasons the applicant does not have a parent or legal | ||||||
11 | guardian; and | ||||||
12 | (3) the death certificates or any applicable court | ||||||
13 | orders regarding circumstances of the applicant resulting | ||||||
14 | in his or her lack of a parent or legal guardian. | ||||||
15 | (b) Each application form shall include the following | ||||||
16 | statement printed in
bold type: "Warning: Entering false | ||||||
17 | information on an application for a Firearm
Owner's | ||||||
18 | Identification Card is punishable as a Class 2 felony in | ||||||
19 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
20 | Owners Identification Card
Act.".
| ||||||
21 | (c) Upon such written consent, pursuant to Section 4, | ||||||
22 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
23 | consent shall be liable for any
damages resulting from the | ||||||
24 | applicant's use of firearms or firearm ammunition.
| ||||||
25 | (Source: P.A. 101-80, eff. 7-12-19.)
|
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| |||||||
1 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
2 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
3 | of State Police has authority to deny an
application for or to | ||||||
4 | revoke and seize a Firearm Owner's Identification
Card | ||||||
5 | previously issued under this Act only if the Department finds | ||||||
6 | that the
applicant or the person to whom such card was issued | ||||||
7 | is or was at the time
of issuance:
| ||||||
8 | (a) A person under 21 years of age who has been | ||||||
9 | convicted of a
misdemeanor other than a traffic offense or | ||||||
10 | adjudged delinquent;
| ||||||
11 | (b) This subsection (b) applies through January 8, | ||||||
12 | 2020 the 180th day following the effective date of this | ||||||
13 | amendatory Act of the 101st General Assembly . A person | ||||||
14 | under 21 years of age who does not have the written consent
| ||||||
15 | of his parent or guardian to acquire and possess firearms | ||||||
16 | and firearm
ammunition, or whose parent or guardian has | ||||||
17 | revoked such written consent,
or where such parent or | ||||||
18 | guardian does not qualify to have a Firearm Owner's
| ||||||
19 | Identification Card; | ||||||
20 | (b-5) This subsection (b-5) applies on and after | ||||||
21 | January 9, 2020 the 181st day following the effective date | ||||||
22 | of this amendatory Act of the 101st General Assembly . | ||||||
23 | Except as otherwise provided in subsection (b-6), a A | ||||||
24 | person under 21 years of age who is not an active duty | ||||||
25 | member of the United States Armed Forces and does not have | ||||||
26 | the written consent
of his or her parent or guardian to |
| |||||||
| |||||||
1 | acquire and possess firearms and firearm
ammunition, or | ||||||
2 | whose parent or guardian has revoked such written consent,
| ||||||
3 | or where such parent or guardian does not qualify to have a | ||||||
4 | Firearm Owner's
Identification Card;
| ||||||
5 | (b-6) A person who: (A) is 18 years of age or older but | ||||||
6 | under 21 years of age; (B) is not an active duty member of | ||||||
7 | the United States Armed Forces; (C) does not have the | ||||||
8 | written consent
of his or her parent or guardian to | ||||||
9 | acquire and possess firearms and firearm
ammunition; (D) | ||||||
10 | does not provide 2 signed, dated, and notarized personal | ||||||
11 | references regarding his or her suitability to possess | ||||||
12 | firearms; and (E) does not provide a signed, dated, and | ||||||
13 | notarized statement detailing the reasons he or she does | ||||||
14 | not have a parent or legal guardian, or if applicable, | ||||||
15 | does not provide death certificates or any applicable | ||||||
16 | court orders regarding his or her circumstances resulting | ||||||
17 | in his or her lack of a parent or legal guardian; | ||||||
18 | (c) A person convicted of a felony under the laws of | ||||||
19 | this or any other
jurisdiction;
| ||||||
20 | (d) A person addicted to narcotics;
| ||||||
21 | (e) A person who has been a patient of a mental health | ||||||
22 | facility within the
past 5 years or a person who has been a | ||||||
23 | patient in a mental health facility more than 5 years ago | ||||||
24 | who has not received the certification required under | ||||||
25 | subsection (u) of this Section. An active law enforcement | ||||||
26 | officer employed by a unit of government who is denied, |
| |||||||
| |||||||
1 | revoked, or has his or her Firearm Owner's Identification | ||||||
2 | Card seized under this subsection (e) may obtain relief as | ||||||
3 | described in subsection (c-5) of Section 10 of this Act if | ||||||
4 | the officer did not act in a manner threatening to the | ||||||
5 | officer, another person, or the public as determined by | ||||||
6 | the treating clinical psychologist or physician, and the | ||||||
7 | officer seeks mental health treatment;
| ||||||
8 | (f) A person whose mental condition is of such a | ||||||
9 | nature that it poses
a clear and present danger to the | ||||||
10 | applicant, any other person or persons or
the community;
| ||||||
11 | (g) A person who has an intellectual disability;
| ||||||
12 | (h) A person who intentionally makes a false statement | ||||||
13 | in the Firearm
Owner's Identification Card application;
| ||||||
14 | (i) An alien who is unlawfully present in
the United | ||||||
15 | States under the laws of the United States;
| ||||||
16 | (i-5) An alien who has been admitted to the United | ||||||
17 | States under a
non-immigrant visa (as that term is defined | ||||||
18 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
19 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
20 | (i-5) does not apply to any alien who has been lawfully | ||||||
21 | admitted to
the United States under a non-immigrant visa | ||||||
22 | if that alien is:
| ||||||
23 | (1) admitted to the United States for lawful | ||||||
24 | hunting or sporting purposes;
| ||||||
25 | (2) an official representative of a foreign | ||||||
26 | government who is:
|
| |||||||
| |||||||
1 | (A) accredited to the United States Government | ||||||
2 | or the Government's
mission to an international | ||||||
3 | organization having its headquarters in the United
| ||||||
4 | States; or
| ||||||
5 | (B) en route to or from another country to | ||||||
6 | which that alien is
accredited;
| ||||||
7 | (3) an official of a foreign government or | ||||||
8 | distinguished foreign visitor
who has been so | ||||||
9 | designated by the Department of State;
| ||||||
10 | (4) a foreign law enforcement officer of a | ||||||
11 | friendly foreign government
entering the United States | ||||||
12 | on official business; or
| ||||||
13 | (5) one who has received a waiver from the | ||||||
14 | Attorney General of the United
States pursuant to 18 | ||||||
15 | U.S.C. 922(y)(3);
| ||||||
16 | (j) (Blank);
| ||||||
17 | (k) A person who has been convicted within the past 5 | ||||||
18 | years of battery,
assault, aggravated assault, violation | ||||||
19 | of an order of protection, or a
substantially similar | ||||||
20 | offense in another jurisdiction, in which a firearm was
| ||||||
21 | used or possessed;
| ||||||
22 | (l) A person who has been convicted of domestic | ||||||
23 | battery, aggravated domestic battery, or a substantially
| ||||||
24 | similar offense in another jurisdiction committed before, | ||||||
25 | on or after January 1, 2012 (the effective date of Public | ||||||
26 | Act 97-158). If the applicant or person who has been |
| |||||||
| |||||||
1 | previously issued a Firearm Owner's Identification Card | ||||||
2 | under this Act knowingly and intelligently waives the | ||||||
3 | right to have an offense described in this paragraph (l) | ||||||
4 | tried by a jury, and by guilty plea or otherwise, results | ||||||
5 | in a conviction for an offense in which a domestic | ||||||
6 | relationship is not a required element of the offense but | ||||||
7 | in which a determination of the applicability of 18 U.S.C. | ||||||
8 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
9 | Criminal Procedure of 1963, an entry by the court of a | ||||||
10 | judgment of conviction for that offense shall be grounds | ||||||
11 | for denying an application for and for revoking and | ||||||
12 | seizing a Firearm Owner's Identification Card previously | ||||||
13 | issued to the person under this Act;
| ||||||
14 | (m) (Blank);
| ||||||
15 | (n) A person who is prohibited from acquiring or | ||||||
16 | possessing
firearms or firearm ammunition by any Illinois | ||||||
17 | State statute or by federal
law;
| ||||||
18 | (o) A minor subject to a petition filed under Section | ||||||
19 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
20 | minor is a delinquent minor for
the commission of an | ||||||
21 | offense that if committed by an adult would be a felony;
| ||||||
22 | (p) An adult who had been adjudicated a delinquent | ||||||
23 | minor under the Juvenile
Court Act of 1987 for the | ||||||
24 | commission of an offense that if committed by an
adult | ||||||
25 | would be a felony;
| ||||||
26 | (q) A person who is not a resident of the State of |
| |||||||
| |||||||
1 | Illinois, except as provided in subsection (a-10) of | ||||||
2 | Section 4; | ||||||
3 | (r) A person who has been adjudicated as a person with | ||||||
4 | a mental disability; | ||||||
5 | (s) A person who has been found to have a | ||||||
6 | developmental disability; | ||||||
7 | (t) A person involuntarily admitted into a mental | ||||||
8 | health facility; or | ||||||
9 | (u) A person who has had his or her Firearm Owner's | ||||||
10 | Identification Card revoked or denied under subsection (e) | ||||||
11 | of this Section or item (iv) of paragraph (2) of | ||||||
12 | subsection (a) of Section 4 of this Act because he or she | ||||||
13 | was a patient in a mental health facility as provided in | ||||||
14 | subsection (e) of this Section, shall not be permitted to | ||||||
15 | obtain a Firearm Owner's Identification Card, after the | ||||||
16 | 5-year period has lapsed, unless he or she has received a | ||||||
17 | mental health evaluation by a physician, clinical | ||||||
18 | psychologist, or qualified examiner as those terms are | ||||||
19 | defined in the Mental Health and Developmental | ||||||
20 | Disabilities Code, and has received a certification that | ||||||
21 | he or she is not a clear and present danger to himself, | ||||||
22 | herself, or others. The physician, clinical psychologist, | ||||||
23 | or qualified examiner making the certification and his or | ||||||
24 | her employer shall not be held criminally, civilly, or | ||||||
25 | professionally liable for making or not making the | ||||||
26 | certification required under this subsection, except for |
| |||||||
| |||||||
1 | willful or wanton misconduct. This subsection does not | ||||||
2 | apply to a person whose firearm possession rights have | ||||||
3 | been restored through administrative or judicial action | ||||||
4 | under Section 10 or 11 of this Act. | ||||||
5 | Upon revocation of a person's Firearm Owner's | ||||||
6 | Identification Card, the Department of State Police shall | ||||||
7 | provide notice to the person and the person shall comply with | ||||||
8 | Section 9.5 of this Act. | ||||||
9 | (Source: P.A. 101-80, eff. 7-12-19.)
|