Public Act 93-0367
HB1536 Enrolled LRB093 03358 RLC 10009 b
AN ACT in relation to firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 4, 8, and 10 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means,
if and when made available by the Department of State
Police; and
(2) Submit evidence to the Department of State
Police that:
(i) He or she is 21 years of age or over, or
if he or she is under 21 years of age that he or she
has the written consent of his or her parent or
legal guardian to possess and acquire firearms and
firearm ammunition and that he or she has never been
convicted of a misdemeanor other than a traffic
offense or adjudged delinquent, provided, however,
that such parent or legal guardian is not an
individual prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card;
(ii) He or she has not been convicted of a
felony under the laws of this or any other
jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a
mental institution within the past 5 years;
(v) He or she is not mentally retarded;
(vi) He or she is not an alien who is
unlawfully present in the United States under the
laws of the United States;
(vii) He or she is not subject to an existing
order of protection prohibiting him or her from
possessing a firearm;
(viii) He or she has not been convicted within
the past 5 years of battery, assault, aggravated
assault, violation of an order of protection, or a
substantially similar offense in another
jurisdiction, in which a firearm was used or
possessed;
(ix) He or she has not been convicted of
domestic battery or a substantially similar offense
in another jurisdiction committed on or after the
effective date of this amendatory Act of 1997;
(x) He or she has not been convicted within
the past 5 years of domestic battery or a
substantially similar offense in another
jurisdiction committed before the effective date of
this amendatory Act of 1997; and
(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for
lawful hunting or sporting purposes;
(2) an official representative of a
foreign government who is:
(A) accredited to the United States
Government or the Government's mission to
an international organization having its
headquarters in the United States; or
(B) en route to or from another
country to which that alien is accredited;
(3) an official of a foreign government
or distinguished foreign visitor who has been
so designated by the Department of State;
(4) a foreign law enforcement officer of
a friendly foreign government entering the
United States on official business; or
(5) one who has received a waiver from
the Attorney General of the United States
pursuant to 18 U.S.C. 922(y)(3); and
(xii) He or she is not a minor subject to a
petition filed under Section 5-520 of the Juvenile
Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense
that if committed by an adult would be a felony; and
(xiii) He or she is not an adult who had been
adjudicated a delinquent minor under the Juvenile
Court Act of 1987 for the commission of an offense
that if committed by an adult would be a felony; and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State
Police of limited mental health institution admission
information from another state, the District of Columbia,
any other territory of the United States, or a foreign
nation concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in
a mental health institution and disqualified because of
that status from receiving a Firearm Owner's
Identification Card. No mental health care or treatment
records may be requested. The information received shall
be destroyed within one year of receipt.
(a-5) Each applicant for a Firearm Owner's
Identification Card who is over the age of 18 shall furnish
to the Department of State Police either his or her driver's
license number or Illinois Identification Card number.
(a-10) Each applicant for a Firearm Owner's
Identification Card, who is employed as an armed security
officer at a nuclear energy, storage, weapons, or development
facility regulated by the Nuclear Regulatory Commission and
who is not an Illinois resident, shall furnish to the
Department of State Police his or her driver's license number
or state identification card number from his or her state of
residence. The Department of State Police may promulgate
rules to enforce the provisions of this subsection (a-10).
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 91-514, eff. 1-1-00; 91-694, eff. 4-13-00;
92-442, eff. 8-17-01; 92-839, eff. 8-22-02; 92-854, eff.
12-5-02; revised 12-30-02.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. The Department of State Police has authority to
deny an application for or to revoke and seize a Firearm
Owner's Identification Card previously issued under this 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) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such
parent or guardian does not qualify to have a Firearm Owner's
Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental
institution within the past 5 years;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant,
any other person or persons or the community;
For the purposes of this Section, "mental condition"
means a state of mind manifested by violent, suicidal,
threatening or assaultive behavior.
(g) A person who is mentally retarded;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(i-5) An alien who has been admitted to the United
States under a non-immigrant visa (as that term is defined in
Section 101(a)(26) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(26))), except that this subsection (i-5) does
not apply to any alien who has been lawfully admitted to the
United States under a non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated
by the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on official
business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) A person who is subject to an existing order of
protection prohibiting him or her from possessing a firearm;
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation of
an order of protection, or a substantially similar offense in
another jurisdiction, in which a firearm was used or
possessed;
(l) A person who has been convicted of domestic battery
or a substantially similar offense in another jurisdiction
committed on or after January 1, 1998;
(m) A person who has been convicted within the past 5
years of domestic battery or a substantially similar offense
in another jurisdiction committed before January 1, 1998; or
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;.
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an offense
that if committed by an adult would be a felony; or
(p) An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony.
(Source: P.A. 91-694, eff. 4-13-00; 92-854, eff. 12-5-02.)
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. (a) Whenever an application for a Firearm
Owner's Identification Card is denied, whenever the
Department fails to act on an application within 30 days of
its receipt, or whenever such a Card is revoked or seized as
provided for in Section 8 of this Act, the aggrieved party
may appeal to the Director of the Department of State Police
for a hearing upon such denial, revocation or seizure, unless
the denial, revocation, or seizure was based upon a forcible
felony, stalking, aggravated stalking, domestic battery, any
violation of either the Illinois Controlled Substances Act or
the Cannabis Control Act that is classified as a Class 2 or
greater felony, or any felony violation of Article 24 of the
Criminal Code of 1961, or any adjudication as a delinquent
minor for the commission of an offense that if committed by
an adult would be a felony, in which case the aggrieved party
may petition the circuit court in writing in the county of
his or her residence for a hearing upon such denial,
revocation, or seizure.
(b) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the relevant State's
Attorney with a copy of the petition. The State's Attorney
may object to the petition and present evidence. At the
hearing the court shall determine whether substantial justice
has been done. Should the court determine that substantial
justice has not been done, the court shall issue an order
directing the Department of State Police to issue a Card.
(c) Any person prohibited from possessing a firearm
under Sections 24-1.1 or 24-3.1 of the Criminal Code of 1961
or acquiring a Firearm Owner's Identification Card under
Section 8 of this Act may apply to the Director of the
Department of State Police or petition the circuit court in
the county where the petitioner resides, whichever is
applicable in accordance with subsection (a) of this Section,
requesting relief from such prohibition and the Director or
court may grant such relief if it is established by the
applicant to the court's or Director's satisfaction that:
(0.05) when in the circuit court, the State's
Attorney has been served with a written copy of the
petition at least 30 days before any such hearing in the
circuit court and at the hearing the State's Attorney was
afforded an opportunity to present evidence and object to
the petition;
(1) the applicant has not been convicted of a
forcible felony under the laws of this State or any other
jurisdiction within 20 years of the applicant's
application for a Firearm Owner's Identification Card, or
at least 20 years have passed since the end of any period
of imprisonment imposed in relation to that conviction;
(2) the circumstances regarding a criminal
conviction, where applicable, the applicant's criminal
history and his reputation are such that the applicant
will not be likely to act in a manner dangerous to public
safety; and
(3) granting relief would not be contrary to the
public interest.
(d) When a minor is adjudicated delinquent for an
offense which if committed by an adult would be a felony, the
court shall notify the Department of State Police.
(e) The court shall review the denial of an application
or the revocation of a Firearm Owner's Identification Card of
a person who has been adjudicated delinquent for an offense
that if committed by an adult would be a felony if an
application for relief has been filed at least 10 years after
the adjudication of delinquency and the court determines that
the applicant should be granted relief from disability to
obtain a Firearm Owner's Identification Card. If the court
grants relief, the court shall notify the Department of State
Police that the disability has been removed and that the
applicant is eligible to obtain a Firearm Owner's
Identification Card.
(Source: P.A. 92-442, eff. 8-17-01.)