98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3762

 

Introduced , by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 65/8  from Ch. 38, par. 83-8

    Amends the Firearm Owners Identification Card Act. Lowers the age in which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Effective immediately.


LRB098 14640 RLC 49467 b

 

 

A BILL FOR

 

HB3762LRB098 14640 RLC 49467 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 4 and 8 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 18 21 years of age or over, or if
17        he or she is under 18 21 years of age that he or she has
18        the written consent of his or her parent or legal
19        guardian to possess and acquire firearms and firearm
20        ammunition and that, if he or she is under 21 years of
21        age, he or she has never been convicted of a
22        misdemeanor other than a traffic offense or adjudged
23        delinquent, provided, however, that, if the applicant

 

 

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1        is under 18 years of age, the such parent or legal
2        guardian is not an individual prohibited from having a
3        Firearm Owner's Identification Card and files an
4        affidavit with the Department as prescribed by the
5        Department stating that he or she is not an individual
6        prohibited from having a Card;
7            (ii) He or she has not been convicted of a felony
8        under the laws of this or any other jurisdiction;
9            (iii) He or she is not addicted to narcotics;
10            (iv) He or she has not been a patient in a mental
11        health facility within the past 5 years or, if he or
12        she has been a patient in a mental health facility more
13        than 5 years ago submit the certification required
14        under subsection (u) of Section 8 of this Act;
15            (v) He or she is not intellectually disabled;
16            (vi) He or she is not an alien who is unlawfully
17        present in the United States under the laws of the
18        United States;
19            (vii) He or she is not subject to an existing order
20        of protection prohibiting him or her from possessing a
21        firearm;
22            (viii) He or she has not been convicted within the
23        past 5 years of battery, assault, aggravated assault,
24        violation of an order of protection, or a substantially
25        similar offense in another jurisdiction, in which a
26        firearm was used or possessed;

 

 

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1            (ix) He or she has not been convicted of domestic
2        battery, aggravated domestic battery, or a
3        substantially similar offense in another jurisdiction
4        committed before, on or after January 1, 2012 (the
5        effective date of Public Act 97-158). If the applicant
6        knowingly and intelligently waives the right to have an
7        offense described in this clause (ix) tried by a jury,
8        and by guilty plea or otherwise, results in a
9        conviction for an offense in which a domestic
10        relationship is not a required element of the offense
11        but in which a determination of the applicability of 18
12        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
13        Code of Criminal Procedure of 1963, an entry by the
14        court of a judgment of conviction for that offense
15        shall be grounds for denying the issuance of a Firearm
16        Owner's Identification Card under this Section;
17            (x) (Blank);
18            (xi) He or she is not an alien who has been
19        admitted to the United States under a non-immigrant
20        visa (as that term is defined in Section 101(a)(26) of
21        the Immigration and Nationality Act (8 U.S.C.
22        1101(a)(26))), or that he or she is an alien who has
23        been lawfully admitted to the United States under a
24        non-immigrant visa if that alien is:
25                (1) admitted to the United States for lawful
26            hunting or sporting purposes;

 

 

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1                (2) an official representative of a foreign
2            government who is:
3                    (A) accredited to the United States
4                Government or the Government's mission to an
5                international organization having its
6                headquarters in the United States; or
7                    (B) en route to or from another country to
8                which that alien is accredited;
9                (3) an official of a foreign government or
10            distinguished foreign visitor who has been so
11            designated by the Department of State;
12                (4) a foreign law enforcement officer of a
13            friendly foreign government entering the United
14            States on official business; or
15                (5) one who has received a waiver from the
16            Attorney General of the United States pursuant to
17            18 U.S.C. 922(y)(3);
18            (xii) He or she is not a minor subject to a
19        petition filed under Section 5-520 of the Juvenile
20        Court Act of 1987 alleging that the minor is a
21        delinquent minor for the commission of an offense that
22        if committed by an adult would be a felony;
23            (xiii) He or she is not an adult who had been
24        adjudicated a delinquent minor under the Juvenile
25        Court Act of 1987 for the commission of an offense that
26        if committed by an adult would be a felony;

 

 

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1            (xiv) He or she is a resident of the State of
2        Illinois;
3            (xv) He or she has not been adjudicated as a
4        mentally disabled person;
5            (xvi) He or she has not been involuntarily admitted
6        into a mental health facility; and
7            (xvii) He or she is not developmentally disabled;
8        and
9        (3) Upon request by the Department of State Police,
10    sign a release on a form prescribed by the Department of
11    State Police waiving any right to confidentiality and
12    requesting the disclosure to the Department of State Police
13    of limited mental health institution admission information
14    from another state, the District of Columbia, any other
15    territory of the United States, or a foreign nation
16    concerning the applicant for the sole purpose of
17    determining whether the applicant is or was a patient in a
18    mental health institution and disqualified because of that
19    status from receiving a Firearm Owner's Identification
20    Card. No mental health care or treatment records may be
21    requested. The information received shall be destroyed
22    within one year of receipt.
23    (a-5) Each applicant for a Firearm Owner's Identification
24Card who is over the age of 18 shall furnish to the Department
25of State Police either his or her Illinois driver's license
26number or Illinois Identification Card number, except as

 

 

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1provided in subsection (a-10).
2    (a-10) Each applicant for a Firearm Owner's Identification
3Card, who is employed as a law enforcement officer, an armed
4security officer in Illinois, or by the United States Military
5permanently assigned in Illinois and who is not an Illinois
6resident, shall furnish to the Department of State Police his
7or her driver's license number or state identification card
8number from his or her state of residence. The Department of
9State Police may adopt rules to enforce the provisions of this
10subsection (a-10).
11    (a-15) If an applicant applying for a Firearm Owner's
12Identification Card moves from the residence address named in
13the application, he or she shall immediately notify in a form
14and manner prescribed by the Department of State Police of that
15change of address.
16    (a-20) Each applicant for a Firearm Owner's Identification
17Card shall furnish to the Department of State Police his or her
18photograph. An applicant who is 18 21 years of age or older
19seeking a religious exemption to the photograph requirement
20must furnish with the application an approved copy of United
21States Department of the Treasury Internal Revenue Service Form
224029. In lieu of a photograph, an applicant regardless of age
23seeking a religious exemption to the photograph requirement
24shall submit fingerprints on a form and manner prescribed by
25the Department with his or her application.
26    (b) Each application form shall include the following

 

 

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1statement printed in bold type: "Warning: Entering false
2information on an application for a Firearm Owner's
3Identification Card is punishable as a Class 2 felony in
4accordance with subsection (d-5) of Section 14 of the Firearm
5Owners Identification Card Act.".
6    (c) Upon such written consent, pursuant to Section 4,
7paragraph (a)(2)(i), the parent or legal guardian giving the
8consent shall be liable for any damages resulting from the
9applicant's use of firearms or firearm ammunition.
10(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
11eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
1298-63, eff. 7-9-13.)
 
13    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
14    Sec. 8. Grounds for denial and revocation. The Department
15of State Police has authority to deny an application for or to
16revoke and seize a Firearm Owner's Identification Card
17previously issued under this Act only if the Department finds
18that the applicant or the person to whom such card was issued
19is or was at the time of issuance:
20        (a) A person under 21 years of age who has been
21    convicted of a misdemeanor other than a traffic offense or
22    adjudged delinquent;
23        (b) A person under 18 21 years of age who does not have
24    the written consent of his parent or guardian to acquire
25    and possess firearms and firearm ammunition, or whose

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    to obtain a Firearm Owner's Identification Card, after the
2    5-year 5 year period has lapsed, unless he or she has
3    received a mental health evaluation by a physician,
4    clinical psychologist, or qualified examiner as those
5    terms are defined in the Mental Health and Developmental
6    Disabilities Code, and has received a certification that he
7    or she is not a clear and present danger to himself,
8    herself, or others. The physician, clinical psychologist,
9    or qualified examiner making the certification and his or
10    her employer shall not be held criminally, civilly, or
11    professionally liable for making or not making the
12    certification required under this subsection, except for
13    willful or wanton misconduct. This subsection does not
14    apply to a person whose firearm possession rights have been
15    restored through administrative or judicial action under
16    Section 10 or 11 of this Act. ; or
17    (v) Upon revocation of a person's Firearm Owner's
18Identification Card, the Department of State Police shall
19provide notice to the person and the person shall comply with
20Section 9.5 of this Act.
21(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
22eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
2398-63, eff. 7-9-13; 98-508, eff. 8-19-13; revised 9-24-13.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.