Rep. Sara Feigenholtz
Filed: 3/12/2013
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1 | AMENDMENT TO HOUSE BILL 1155
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2 | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by | ||||||
3 | inserting the following in its proper numeric sequence:
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4 | "Section 820. 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 | (Text of Section before amendment by P.A. 97-1167 )
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8 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
9 | Identification Card must:
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10 | (1) Make application on blank forms prepared and | ||||||
11 | furnished at convenient
locations throughout the State by | ||||||
12 | the Department of State Police, or by
electronic means, if | ||||||
13 | and when made available by the Department of State
Police; | ||||||
14 | and
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15 | (2) Submit evidence to the Department of State Police | ||||||
16 | that:
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1 | (i) He or she is 21 years of age or over, or if he | ||||||
2 | or she is under 21
years of age that he or she has the | ||||||
3 | written consent of his or her parent or
legal guardian | ||||||
4 | to possess and acquire firearms and firearm ammunition | ||||||
5 | and that
he or she has never been convicted of a | ||||||
6 | misdemeanor other than a traffic
offense or adjudged
| ||||||
7 | delinquent, provided, however, that such parent or | ||||||
8 | legal guardian is not an
individual prohibited from | ||||||
9 | having a Firearm Owner's Identification Card and
files | ||||||
10 | an affidavit with the Department as prescribed by the | ||||||
11 | Department
stating that he or she is not an individual | ||||||
12 | prohibited from having a Card;
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13 | (ii) He or she has not been convicted of a felony | ||||||
14 | under the laws of
this or any other jurisdiction;
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15 | (iii) He or she is not addicted to narcotics;
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16 | (iv) He or she has not been a patient in a mental | ||||||
17 | institution within
the past 5 years and he or she has | ||||||
18 | not been adjudicated as a mental defective;
| ||||||
19 | (v) He or she is not intellectually disabled;
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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;
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26 | (viii) He or she has not been convicted within the |
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| |||||||
1 | past 5 years of
battery, assault, aggravated assault, | ||||||
2 | violation of an order of
protection, or a substantially | ||||||
3 | similar offense in another jurisdiction, in
which a | ||||||
4 | firearm was used or possessed;
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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 an | ||||||
11 | offense described in this clause (ix) tried by a jury, | ||||||
12 | 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 18 | ||||||
16 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
17 | 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:
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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
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11 | (B) en route to or from another country to | ||||||
12 | which that alien is
accredited;
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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
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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;
|
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| |||||||
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; and
| ||||||
5 | (xiv) He or she is a resident of the State of | ||||||
6 | Illinois; and
| ||||||
7 | (3) Upon request by the Department of State Police, | ||||||
8 | sign a release on a
form prescribed by the Department of | ||||||
9 | State Police waiving any right to
confidentiality and | ||||||
10 | requesting the disclosure to the Department of State Police
| ||||||
11 | of limited mental health institution admission information | ||||||
12 | from another state,
the District of Columbia, any other | ||||||
13 | territory of the United States, or a
foreign nation | ||||||
14 | concerning the applicant for the sole purpose of | ||||||
15 | determining
whether the applicant is or was a patient in a | ||||||
16 | mental health institution and
disqualified because of that | ||||||
17 | status from receiving a Firearm Owner's
Identification | ||||||
18 | Card. No mental health care or treatment records may be
| ||||||
19 | requested. The information received shall be destroyed | ||||||
20 | within one year of
receipt.
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21 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
22 | Card who is over
the age of 18 shall furnish to the Department | ||||||
23 | of State Police either his or
her Illinois driver's license | ||||||
24 | number or Illinois Identification Card number, except as
| ||||||
25 | provided in subsection (a-10).
| ||||||
26 | (a-10) Each applicant for a Firearm Owner's Identification |
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1 | Card,
who is employed as a law enforcement officer, an armed | ||||||
2 | security officer in Illinois, or by the United States Military
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3 | permanently assigned in Illinois and who is not an Illinois | ||||||
4 | resident, shall furnish to
the Department of State Police his | ||||||
5 | or her driver's license number or state
identification card | ||||||
6 | number from his or her state of residence. The Department
of | ||||||
7 | State Police may promulgate rules to enforce the provisions of | ||||||
8 | this
subsection (a-10).
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9 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
10 | Identification Card moves from the residence address named in | ||||||
11 | the application, he or she shall immediately notify in a form | ||||||
12 | and manner prescribed by the Department of State Police of that | ||||||
13 | change of address. | ||||||
14 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
15 | Card shall furnish to the Department of State Police his or her | ||||||
16 | photograph. An applicant who is 21 years of age or older | ||||||
17 | seeking a religious exemption to the photograph requirement | ||||||
18 | must furnish with the application an approved copy of United | ||||||
19 | States Department of the Treasury Internal Revenue Service Form | ||||||
20 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
21 | seeking a religious exemption to the photograph requirement | ||||||
22 | shall submit fingerprints on a form and manner prescribed by | ||||||
23 | the Department with his or her application. | ||||||
24 | (a-25) Each applicant for a Firearm Owner's Identification | ||||||
25 | Card shall disclose to the Department of State Police the name | ||||||
26 | of any person with whom he or she resides or shares a |
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1 | residential abode that the applicant knows or reasonably should | ||||||
2 | know: | ||||||
3 | (1) has been a patient in a mental institution within
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4 | the past 5 years; | ||||||
5 | (2) has been adjudicated as a mental defective; | ||||||
6 | (3) is a convicted felon; | ||||||
7 | (4) has been convicted of domestic battery, aggravated | ||||||
8 | domestic battery, or a
substantially similar offense; or | ||||||
9 | (5) is prohibited under this Act from obtaining a | ||||||
10 | Firearm Owner's Identification Card or is otherwise | ||||||
11 | prohibited from possessing a firearm. | ||||||
12 | (b) Each application form shall include the following | ||||||
13 | statement printed in
bold type: "Warning: Entering false | ||||||
14 | information on an application for a Firearm
Owner's | ||||||
15 | Identification Card is punishable as a Class 2 felony in | ||||||
16 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
17 | Owners Identification Card
Act.".
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18 | (c) Upon such written consent, pursuant to Section 4, | ||||||
19 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
20 | consent shall be liable for any
damages resulting from the | ||||||
21 | applicant's use of firearms or firearm ammunition.
| ||||||
22 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
23 | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
24 | (Text of Section after amendment by P.A. 97-1167 ) | ||||||
25 | Sec. 4. (a) Each applicant for a Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card must:
| ||||||
2 | (1) Make application on blank forms prepared and | ||||||
3 | furnished at convenient
locations throughout the State by | ||||||
4 | the Department of State Police, or by
electronic means, if | ||||||
5 | and when made available by the Department of State
Police; | ||||||
6 | and
| ||||||
7 | (2) Submit evidence to the Department of State Police | ||||||
8 | that:
| ||||||
9 | (i) He or she is 21 years of age or over, or if he | ||||||
10 | or she is under 21
years of age that he or she has the | ||||||
11 | written consent of his or her parent or
legal guardian | ||||||
12 | to possess and acquire firearms and firearm ammunition | ||||||
13 | and that
he or she has never been convicted of a | ||||||
14 | misdemeanor other than a traffic
offense or adjudged
| ||||||
15 | delinquent, provided, however, that such parent or | ||||||
16 | legal guardian is not an
individual prohibited from | ||||||
17 | having a Firearm Owner's Identification Card and
files | ||||||
18 | an affidavit with the Department as prescribed by the | ||||||
19 | Department
stating that he or she is not an individual | ||||||
20 | prohibited from having a Card;
| ||||||
21 | (ii) He or she has not been convicted of a felony | ||||||
22 | under the laws of
this or any other jurisdiction;
| ||||||
23 | (iii) He or she is not addicted to narcotics;
| ||||||
24 | (iv) He or she has not been a patient in a mental | ||||||
25 | institution within
the past 5 years;
| ||||||
26 | (v) He or she is not intellectually disabled;
|
| |||||||
| |||||||
1 | (vi) He or she is not an alien who is unlawfully | ||||||
2 | present in the
United States under the laws of the | ||||||
3 | United States;
| ||||||
4 | (vii) He or she is not subject to an existing order | ||||||
5 | of protection
prohibiting him or her from possessing a | ||||||
6 | firearm;
| ||||||
7 | (viii) He or she has not been convicted within the | ||||||
8 | past 5 years of
battery, assault, aggravated assault, | ||||||
9 | violation of an order of
protection, or a substantially | ||||||
10 | similar offense in another jurisdiction, in
which a | ||||||
11 | firearm was used or possessed;
| ||||||
12 | (ix) He or she has not been convicted of domestic | ||||||
13 | battery, aggravated domestic battery, or a
| ||||||
14 | substantially similar offense in another
jurisdiction | ||||||
15 | committed before, on or after January 1, 2012 (the | ||||||
16 | effective date of Public Act 97-158). If the applicant | ||||||
17 | knowingly and intelligently waives the right to have an | ||||||
18 | offense described in this clause (ix) tried by a jury, | ||||||
19 | and by guilty plea or otherwise, results in a | ||||||
20 | conviction for an offense in which a domestic | ||||||
21 | relationship is not a required element of the offense | ||||||
22 | but in which a determination of the applicability of 18 | ||||||
23 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
24 | Code of Criminal Procedure of 1963, an entry by the | ||||||
25 | court of a judgment of conviction for that offense | ||||||
26 | shall be grounds for denying the issuance of a Firearm |
| |||||||
| |||||||
1 | Owner's Identification Card under this Section;
| ||||||
2 | (x) (Blank);
| ||||||
3 | (xi) He or she is not an alien who has been | ||||||
4 | admitted to the United
States under a non-immigrant | ||||||
5 | visa (as that term is defined in Section
101(a)(26) of | ||||||
6 | the Immigration and Nationality Act (8 U.S.C. | ||||||
7 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
8 | been lawfully admitted to the United
States under a | ||||||
9 | non-immigrant visa if that alien is:
| ||||||
10 | (1) admitted to the United States for lawful | ||||||
11 | hunting or sporting
purposes;
| ||||||
12 | (2) an official representative of a foreign | ||||||
13 | government who is:
| ||||||
14 | (A) accredited to the United States | ||||||
15 | Government or the Government's
mission to an | ||||||
16 | international organization having its | ||||||
17 | headquarters in the United
States; or
| ||||||
18 | (B) en route to or from another country to | ||||||
19 | which that alien is
accredited;
| ||||||
20 | (3) an official of a foreign government or | ||||||
21 | distinguished foreign
visitor who has been so | ||||||
22 | designated by the Department of State;
| ||||||
23 | (4) a foreign law enforcement officer of a | ||||||
24 | friendly foreign
government entering the United | ||||||
25 | States on official business; or
| ||||||
26 | (5) one who has received a waiver from the |
| |||||||
| |||||||
1 | Attorney General of the
United States pursuant to | ||||||
2 | 18 U.S.C. 922(y)(3);
| ||||||
3 | (xii) He or she is not a minor subject to a | ||||||
4 | petition filed
under Section 5-520 of the Juvenile | ||||||
5 | Court Act of 1987 alleging that the
minor is a | ||||||
6 | delinquent minor for the commission of an offense that | ||||||
7 | if
committed by an adult would be a felony;
| ||||||
8 | (xiii) He or she is not an adult who had been | ||||||
9 | adjudicated a delinquent
minor under the Juvenile | ||||||
10 | Court Act of 1987 for the commission of an offense
that | ||||||
11 | if committed by an adult would be a felony;
| ||||||
12 | (xiv) He or she is a resident of the State of | ||||||
13 | Illinois; and | ||||||
14 | (xv) He or she has not been adjudicated as a mental | ||||||
15 | defective; and
| ||||||
16 | (3) Upon request by the Department of State Police, | ||||||
17 | sign a release on a
form prescribed by the Department of | ||||||
18 | State Police waiving any right to
confidentiality and | ||||||
19 | requesting the disclosure to the Department of State Police
| ||||||
20 | of limited mental health institution admission information | ||||||
21 | from another state,
the District of Columbia, any other | ||||||
22 | territory of the United States, or a
foreign nation | ||||||
23 | concerning the applicant for the sole purpose of | ||||||
24 | determining
whether the applicant is or was a patient in a | ||||||
25 | mental health institution and
disqualified because of that | ||||||
26 | status from receiving a Firearm Owner's
Identification |
| |||||||
| |||||||
1 | Card. No mental health care or treatment records may be
| ||||||
2 | requested. The information received shall be destroyed | ||||||
3 | within one year of
receipt.
| ||||||
4 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
5 | Card who is over
the age of 18 shall furnish to the Department | ||||||
6 | of State Police either his or
her Illinois driver's license | ||||||
7 | number or Illinois Identification Card number, except as
| ||||||
8 | provided in subsection (a-10).
| ||||||
9 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
10 | Card,
who is employed as a law enforcement officer, an armed | ||||||
11 | security officer in Illinois, or by the United States Military
| ||||||
12 | permanently assigned in Illinois and who is not an Illinois | ||||||
13 | resident, shall furnish to
the Department of State Police his | ||||||
14 | or her driver's license number or state
identification card | ||||||
15 | number from his or her state of residence. The Department
of | ||||||
16 | State Police may promulgate rules to enforce the provisions of | ||||||
17 | this
subsection (a-10).
| ||||||
18 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
19 | Identification Card moves from the residence address named in | ||||||
20 | the application, he or she shall immediately notify in a form | ||||||
21 | and manner prescribed by the Department of State Police of that | ||||||
22 | change of address. | ||||||
23 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
24 | Card shall furnish to the Department of State Police his or her | ||||||
25 | photograph. An applicant who is 21 years of age or older | ||||||
26 | seeking a religious exemption to the photograph requirement |
| |||||||
| |||||||
1 | must furnish with the application an approved copy of United | ||||||
2 | States Department of the Treasury Internal Revenue Service Form | ||||||
3 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
4 | seeking a religious exemption to the photograph requirement | ||||||
5 | shall submit fingerprints on a form and manner prescribed by | ||||||
6 | the Department with his or her application. | ||||||
7 | (a-25) Each applicant for a Firearm Owner's Identification | ||||||
8 | Card shall disclose to the Department of State Police the name | ||||||
9 | of any person with whom he or she resides or shares a | ||||||
10 | residential abode that the applicant knows or reasonably should | ||||||
11 | know: | ||||||
12 | (1) has been a patient in a mental institution within
| ||||||
13 | the past 5 years; | ||||||
14 | (2) has been adjudicated as a mental defective; | ||||||
15 | (3) is a convicted felon; | ||||||
16 | (4) has been convicted of domestic battery, aggravated | ||||||
17 | domestic battery, or a
substantially similar offense; or | ||||||
18 | (5) is prohibited under this Act from obtaining a | ||||||
19 | Firearm Owner's Identification Card or is otherwise | ||||||
20 | prohibited from possessing a firearm. | ||||||
21 | (b) Each application form shall include the following | ||||||
22 | statement printed in
bold type: "Warning: Entering false | ||||||
23 | information on an application for a Firearm
Owner's | ||||||
24 | Identification Card is punishable as a Class 2 felony in | ||||||
25 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
26 | Owners Identification Card
Act.".
|
| |||||||
| |||||||
1 | (c) Upon such written consent, pursuant to Section 4, | ||||||
2 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
3 | consent shall be liable for any
damages resulting from the | ||||||
4 | applicant's use of firearms or firearm ammunition.
| ||||||
5 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
6 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
| ||||||
7 | Section 821. No acceleration or delay. Where this Act makes | ||||||
8 | changes in a statute that is represented in this Act by text | ||||||
9 | that is not yet or no longer in effect (for example, a Section | ||||||
10 | represented by multiple versions), the use of that text does | ||||||
11 | not accelerate or delay the taking effect of (i) the changes | ||||||
12 | made by this Act or (ii) provisions derived from any other | ||||||
13 | Public Act.".
|