101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0887

 

Introduced , by Rep. Daniel Didech

 

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. Provides that 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 the Act if the Department finds that the applicant or the person to whom the card was issued is or was at the time of issuance a person who has been convicted within the past 5 years of stalking or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed. Makes conforming changes.


LRB101 05911 SLF 50932 b

 

 

A BILL FOR

 

HB0887LRB101 05911 SLF 50932 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 21 years of age or over, or if he
17        or she is under 21 years of age that he or she has the
18        written consent of his or her parent or legal guardian
19        to possess and acquire firearms and firearm ammunition
20        and that he or she has never been convicted of a
21        misdemeanor other than a traffic offense or adjudged
22        delinquent, provided, however, that such parent or
23        legal guardian is not an individual prohibited from

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (a-10) Each applicant for a Firearm Owner's Identification
2Card, who is employed as a law enforcement officer, an armed
3security officer in Illinois, or by the United States Military
4permanently assigned in Illinois and who is not an Illinois
5resident, shall furnish to the Department of State Police his
6or her driver's license number or state identification card
7number from his or her state of residence. The Department of
8State Police may adopt rules to enforce the provisions of this
9subsection (a-10).
10    (a-15) If an applicant applying for a Firearm Owner's
11Identification Card moves from the residence address named in
12the application, he or she shall immediately notify in a form
13and manner prescribed by the Department of State Police of that
14change of address.
15    (a-20) Each applicant for a Firearm Owner's Identification
16Card shall furnish to the Department of State Police his or her
17photograph. An applicant who is 21 years of age or older
18seeking a religious exemption to the photograph requirement
19must furnish with the application an approved copy of United
20States Department of the Treasury Internal Revenue Service Form
214029. In lieu of a photograph, an applicant regardless of age
22seeking a religious exemption to the photograph requirement
23shall submit fingerprints on a form and manner prescribed by
24the Department with his or her application.
25    (b) Each application form shall include the following
26statement printed in bold type: "Warning: Entering false

 

 

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1information on an application for a Firearm Owner's
2Identification Card is punishable as a Class 2 felony in
3accordance with subsection (d-5) of Section 14 of the Firearm
4Owners Identification Card Act.".
5    (c) Upon such written consent, pursuant to Section 4,
6paragraph (a)(2)(i), the parent or legal guardian giving the
7consent shall be liable for any damages resulting from the
8applicant's use of firearms or firearm ammunition.
9(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
10    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
11    Sec. 8. Grounds for denial and revocation. The Department
12of State Police has authority to deny an application for or to
13revoke and seize a Firearm Owner's Identification Card
14previously issued under this Act only if the Department finds
15that the applicant or the person to whom such card was issued
16is or was at the time of issuance:
17        (a) A person under 21 years of age who has been
18    convicted of a misdemeanor other than a traffic offense or
19    adjudged delinquent;
20        (b) A person under 21 years of age who does not have
21    the written consent of his parent or guardian to acquire
22    and possess firearms and firearm ammunition, or whose
23    parent or guardian has revoked such written consent, or
24    where such parent or guardian does not qualify to have a
25    Firearm Owner's Identification Card;

 

 

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

 

 

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1    in Section 101(a)(26) of the Immigration and Nationality
2    Act (8 U.S.C. 1101(a)(26))), except that this subsection
3    (i-5) does not apply to any alien who has been lawfully
4    admitted to the United States under a non-immigrant visa if
5    that alien is:
6            (1) admitted to the United States for lawful
7        hunting or sporting purposes;
8            (2) an official representative of a foreign
9        government who is:
10                (A) accredited to the United States Government
11            or the Government's mission to an international
12            organization having its headquarters in the United
13            States; or
14                (B) en route to or from another country to
15            which that alien is accredited;
16            (3) an official of a foreign government or
17        distinguished foreign visitor who has been so
18        designated by the Department of State;
19            (4) a foreign law enforcement officer of a friendly
20        foreign government entering the United States on
21        official business; or
22            (5) one who has received a waiver from the Attorney
23        General of the United States pursuant to 18 U.S.C.
24        922(y)(3);
25        (j) (Blank);
26        (k) A person who has been convicted within the past 5

 

 

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

 

 

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1        (o) A minor subject to a petition filed under Section
2    5-520 of the Juvenile Court Act of 1987 alleging that the
3    minor is a delinquent minor for the commission of an
4    offense that if committed by an adult would be a felony;
5        (p) An adult who had been adjudicated a delinquent
6    minor under the Juvenile Court Act of 1987 for the
7    commission of an offense that if committed by an adult
8    would be a felony;
9        (q) A person who is not a resident of the State of
10    Illinois, except as provided in subsection (a-10) of
11    Section 4;
12        (r) A person who has been adjudicated as a person with
13    a mental disability;
14        (s) A person who has been found to have a developmental
15    disability;
16        (t) A person involuntarily admitted into a mental
17    health facility; or
18        (u) A person who has had his or her Firearm Owner's
19    Identification Card revoked or denied under subsection (e)
20    of this Section or item (iv) of paragraph (2) of subsection
21    (a) of Section 4 of this Act because he or she was a
22    patient in a mental health facility as provided in
23    subsection (e) of this Section, shall not be permitted to
24    obtain a Firearm Owner's Identification Card, after the
25    5-year period has lapsed, unless he or she has received a
26    mental health evaluation by a physician, clinical

 

 

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1    psychologist, or qualified examiner as those terms are
2    defined in the Mental Health and Developmental
3    Disabilities Code, and has received a certification that he
4    or she is not a clear and present danger to himself,
5    herself, or others. The physician, clinical psychologist,
6    or qualified examiner making the certification and his or
7    her employer shall not be held criminally, civilly, or
8    professionally liable for making or not making the
9    certification required under this subsection, except for
10    willful or wanton misconduct. This subsection does not
11    apply to a person whose firearm possession rights have been
12    restored through administrative or judicial action under
13    Section 10 or 11 of this Act.
14    Upon revocation of a person's Firearm Owner's
15Identification Card, the Department of State Police shall
16provide notice to the person and the person shall comply with
17Section 9.5 of this Act.
18(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
19eff. 7-16-14; 99-143, eff. 7-27-15.)