96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1528

 

Introduced 2/18/2009, by Sen. John M. Sullivan

 

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

    Amends the Firearm Owners Identification Card Act. Provides that if an applicant for a Firearm Owner's Identification Card is under 10 years of age, the applicant must submit evidence to the Department of State Police that he or she has successfully completed a course of training prescribed by the Illinois Department of Natural Resources or other State, federal, or local program including the National Rifle Association or the Illinois State Rifle Association. Provides that a prescribed training course curriculum shall include but not be limited to safe firearms handling.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning firearms.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Firearm Owners Identification Card Act is
5 amended by changing Section 4 as follows:
 
6     (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7     Sec. 4. (a) Each applicant for a Firearm Owner's
8 Identification 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, and if he or she is
5         under 10 years of age that he or she has successfully
6         completed a course of training prescribed by the
7         Illinois Department of Natural Resources or other
8         State, federal, or local program including the
9         National Rifle Association or the Illinois State Rifle
10         Association. A prescribed training course curriculum
11         shall include but not be limited to safe firearms
12         handling;
13             (ii) He or she has not been convicted of a felony
14         under the laws of this or any other jurisdiction;
15             (iii) He or she is not addicted to narcotics;
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 mentally retarded;
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;
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;
5             (ix) He or she has not been convicted of domestic
6         battery or a substantially similar offense in another
7         jurisdiction committed on or after the effective date
8         of this amendatory Act of 1997;
9             (x) He or she has not been convicted within the
10         past 5 years of domestic battery or a substantially
11         similar offense in another jurisdiction committed
12         before the effective date of this amendatory Act of
13         1997;
14             (xi) He or she is not an alien who has been
15         admitted to the United States under a non-immigrant
16         visa (as that term is defined in Section 101(a)(26) of
17         the Immigration and Nationality Act (8 U.S.C.
18         1101(a)(26))), or that he or she is an alien who has
19         been lawfully admitted to the United States under a
20         non-immigrant visa if that alien is:
21                 (1) admitted to the United States for lawful
22             hunting or sporting purposes;
23                 (2) an official representative of a foreign
24             government who is:
25                     (A) accredited to the United States
26                 Government or the Government's mission to an

 

 

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

 

 

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1     of limited mental health institution admission information
2     from another state, the District of Columbia, any other
3     territory of the United States, or a foreign nation
4     concerning the applicant for the sole purpose of
5     determining whether the applicant is or was a patient in a
6     mental health institution and disqualified because of that
7     status from receiving a Firearm Owner's Identification
8     Card. No mental health care or treatment records may be
9     requested. The information received shall be destroyed
10     within one year of receipt.
11     (a-5) Each applicant for a Firearm Owner's Identification
12 Card who is over the age of 18 shall furnish to the Department
13 of State Police either his or her driver's license number or
14 Illinois Identification Card number.
15     (a-10) Each applicant for a Firearm Owner's Identification
16 Card, who is employed as an armed security officer at a nuclear
17 energy, storage, weapons, or development facility regulated by
18 the Nuclear Regulatory Commission and who is not an Illinois
19 resident, shall furnish to the Department of State Police his
20 or her driver's license number or state identification card
21 number from his or her state of residence. The Department of
22 State Police may promulgate rules to enforce the provisions of
23 this subsection (a-10).
24     (b) Each application form shall include the following
25 statement printed in bold type: "Warning: Entering false
26 information on an application for a Firearm Owner's

 

 

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1 Identification Card is punishable as a Class 2 felony in
2 accordance with subsection (d-5) of Section 14 of the Firearm
3 Owners Identification Card Act.".
4     (c) Upon such written consent, pursuant to Section 4,
5 paragraph (a)(2)(i), the parent or legal guardian giving the
6 consent shall be liable for any damages resulting from the
7 applicant's use of firearms or firearm ammunition.
8 (Source: P.A. 95-581, eff. 6-1-08.)