Public Act 095-0581
 		





SB1094 Enrolled
LRB095 06025 RLC 26117 b






    AN ACT concerning 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 1.1, 4, 5, 7, 8, and 8.1 as 
follows:
 



    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)


    Sec. 1.1. For purposes of this Act: 

    "Has been adjudicated as a mental defective" means the 
person is the subject of a determination by a court, board, 
commission or other lawful authority that a person, as a result 
of marked subnormal intelligence, or mental illness, mental 
impairment, incompetency, condition, or disease:
        (1) is a danger to himself, herself, or to others;
        (2) lacks the mental capacity to manage his or her own 
    affairs;
        (3) is not guilty in a criminal case by reason of 
    insanity, mental disease or defect;
        (4) is incompetent to stand trial in a criminal case;
        (5) is not guilty by reason of lack of mental 
    responsibility pursuant to Articles 50a and 72b of the 
    Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.

    "Counterfeit" means to copy or imitate, without legal 
authority, with
intent
to deceive.
    "Federally licensed firearm dealer" means a person who is 
licensed as a federal firearms dealer under Section 923 of the 
federal Gun Control Act of 1968 (18 U.S.C. 923).


    "Firearm" means any device, by
whatever name known, which 
is designed to expel a projectile or projectiles
by the action 
of an explosion, expansion of gas or escape of gas; excluding,

however:


        (1) any pneumatic gun, spring gun, paint ball gun or 
    B-B gun which
either expels a single globular projectile 
    not exceeding .18 inch in
diameter and which has a maximum 
    muzzle velocity of less than 700 feet
per second or 
    breakable paint balls containing washable marking colors;


        (2) any device used exclusively for signalling or 
    safety and required or
recommended by the United States 
    Coast Guard or the Interstate Commerce
Commission;


        (3) any device used exclusively for the firing of stud 
    cartridges,
explosive rivets or similar industrial 
    ammunition; and


        (4) an antique firearm (other than a machine-gun) 
    which, although
designed as a weapon, the Department of 
    State Police finds by reason of
the date of its 
    manufacture, value, design, and other characteristics is

    primarily a collector's item and is not likely to be used 
    as a weapon.

    "Firearm ammunition" means any self-contained cartridge or 
shotgun
shell, by whatever name known, which is designed to be 
used or adaptable to
use in a firearm; excluding, however:


        (1) any ammunition exclusively designed for use with a 
    device used
exclusively for signalling or safety and 
    required or recommended by the
United States Coast Guard or 
    the Interstate Commerce Commission; and


        (2) any ammunition designed exclusively for use with a 
    stud or rivet
driver or other similar industrial 
    ammunition.
    "Gun show" means an event or function:
        (1) at which the sale and transfer of firearms is the 
    regular and normal course of business and  where 50 or more 
    firearms are displayed, offered, or exhibited for sale, 
    transfer, or exchange; or
        (2) at which not less than 10 gun show vendors display, 
    offer, or exhibit for sale, sell, transfer, or exchange 
    firearms.

    "Gun show" includes the entire premises provided for an 
event or function, including parking areas for the event or 
function, that is sponsored to facilitate the purchase, sale, 
transfer, or exchange of firearms as described in this Section.

    "Gun show" does not include training or safety classes, 
competitive shooting events, such as rifle, shotgun, or handgun 
matches, trap, skeet, or sporting clays shoots, dinners, 
banquets, raffles,  or
any other event where the sale or 
transfer of firearms is not the primary course of business.
    "Gun show promoter" means a person who organizes or 
operates a gun show.
    "Gun show vendor" means a person who exhibits, sells, 
offers for sale, transfers, or exchanges any firearms at a gun 
show, regardless of whether the person arranges with a gun show 
promoter for a fixed location from which to exhibit, sell, 
offer for sale, transfer, or exchange any firearm.
    "Sanctioned competitive shooting event" means a shooting 
contest officially recognized by a national or state shooting 
sport association, and includes any sight-in or practice 
conducted in conjunction with the event.


    "Stun gun or taser" has the meaning ascribed to it in 
Section 24-1 of the Criminal Code of 1961.
(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; revised 
8-19-05.)


 



    (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 and he or she has 
        not  been adjudicated as a mental defective;


            (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;


            (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);


            (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. 92-442, eff.
8-17-01; 92-839, eff. 8-22-02; 
92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)

 



    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)


    Sec. 5. The Department of State Police shall either approve 
or
deny all applications within 30 days from the date they are 
received,
and every applicant found qualified pursuant to 
Section 8 of this Act by
the Department shall be entitled to a 
Firearm Owner's Identification
Card upon the payment of a $10

$5 fee. $6
$3 of each fee derived from the
issuance of Firearm 
Owner's Identification Cards, or renewals thereof,
shall be 
deposited in the Wildlife and Fish Fund in the State Treasury;

$1 of such fee shall be deposited in the State Police Services 
Fund and $3
$1 of such fee shall be deposited in the
Firearm 
Owner's Notification Fund.  Monies in the Firearm Owner's

Notification Fund shall be used exclusively to pay for the cost 
of sending
notices of expiration of Firearm Owner's 
Identification Cards under Section
13.2 of this Act.
Excess 
monies in the Firearm Owner's Notification Fund shall be used 
to
ensure the prompt and efficient processing of applications 
received under
Section 4 of this Act.

(Source: P.A. 94-353, eff. 7-29-05.)

 



    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)



    Sec. 7. Except as provided in Section 8 of this Act, a 
Firearm Owner's
Identification Card issued under the 
provisions of this Act shall be valid
for the person to whom it 
is issued for a period of 10
5 years from the date
of issuance.

(Source: Laws 1967, p. 2600.)

 



    (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 or has been adjudicated as a mental 
defective;

    (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;

    (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. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)

 



    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)



    Sec. 8.1. Circuit Clerk to notify Department of State 
Police.

    (a) The Circuit Clerk shall, in the form and manner 
required by the
Supreme Court, notify the Department of State 
Police of all final dispositions
of cases for which the 
Department has received information reported to it under

Section 2.1 of the Criminal Identification Act.

    (b)  Upon adjudication of any individual as a mental 
defective, as defined in Section 1.1, the court shall direct 
the circuit court clerk to immediately notify the Department of 
State Police, Firearm Owner's Identification (FOID) 
department, and shall forward a copy of the court order to the 
Department.

(Source: P.A. 87-905.)