Rep. Kelly M. Cassidy

Filed: 3/2/2012

 

 


 

 


 
09700HB4456ham001LRB097 18381 RLC 66817 a

1
AMENDMENT TO HOUSE BILL 4456

2    AMENDMENT NO. ______. Amend House Bill 4456 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 4, 8, 8.1, and 10 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

 

 

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1        or she is under 21 years of age that he or she has the
2        written consent of his or her parent or legal guardian
3        to possess and acquire firearms and firearm ammunition
4        and that he or she has never been convicted of a
5        misdemeanor other than a traffic offense or adjudged
6        delinquent, provided, however, that such parent or
7        legal guardian is not an individual prohibited from
8        having a Firearm Owner's Identification Card and files
9        an affidavit with the Department as prescribed by the
10        Department stating that he or she is not an individual
11        prohibited from having a Card;
12            (ii) He or she has not been convicted of a felony
13        under the laws of this or any other jurisdiction;
14            (iii) He or she is not addicted to narcotics;
15            (iv) He or she has not been a patient in a mental
16        institution within the past 5 years and he or she has
17        not been adjudicated as a mental defective;
18            (v) He or she is not intellectually disabled;
19            (vi) He or she is not an alien who is unlawfully
20        present in the United States under the laws of the
21        United States;
22            (vii) He or she is not subject to an existing order
23        of protection prohibiting him or her from possessing a
24        firearm;
25            (viii) He or she has not been convicted within the
26        past 5 years of battery, assault, aggravated assault,

 

 

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1        violation of an order of protection, or a substantially
2        similar offense in another jurisdiction, in which a
3        firearm was used or possessed;
4            (ix) He or she has not been convicted of domestic
5        battery, aggravated domestic battery, or a
6        substantially similar offense in another jurisdiction
7        committed before, on or after January 1, 2012 (the
8        effective date of Public Act 97-158) this amendatory
9        Act of the 97th General Assembly;
10            (x) (Blank);
11            (xi) He or she is not an alien who has been
12        admitted to the United States under a non-immigrant
13        visa (as that term is defined in Section 101(a)(26) of
14        the Immigration and Nationality Act (8 U.S.C.
15        1101(a)(26))), or that he or she is an alien who has
16        been lawfully admitted to the United States under a
17        non-immigrant visa if that alien is:
18                (1) admitted to the United States for lawful
19            hunting or sporting purposes;
20                (2) an official representative of a foreign
21            government who is:
22                    (A) accredited to the United States
23                Government or the Government's mission to an
24                international organization having its
25                headquarters in the United States; or
26                    (B) en route to or from another country to

 

 

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

 

 

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

 

 

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1accordance with subsection (d-5) of Section 14 of the Firearm
2Owners Identification Card Act.".
3    (c) Upon such written consent, pursuant to Section 4,
4paragraph (a)(2)(i), the parent or legal guardian giving the
5consent shall be liable for any damages resulting from the
6applicant's use of firearms or firearm ammunition.
7(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised
810-4-11.)
 
9    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
10    Sec. 8. The Department of State Police has authority to
11deny an application for or to revoke and seize a Firearm
12Owner's Identification Card previously issued under this Act
13only if the Department finds that the applicant or the person
14to whom such card was issued is or was at the time of issuance:
15    (a) A person under 21 years of age who has been convicted
16of a misdemeanor other than a traffic offense or adjudged
17delinquent;
18    (b) A person under 21 years of age who does not have the
19written consent of his parent or guardian to acquire and
20possess firearms and firearm ammunition, or whose parent or
21guardian has revoked such written consent, or where such parent
22or guardian does not qualify to have a Firearm Owner's
23Identification Card;
24    (c) A person convicted of a felony under the laws of this
25or any other jurisdiction;

 

 

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1    (d) A person addicted to narcotics;
2    (e) A person who has been a patient of a mental institution
3within the past 5 years or has been adjudicated as a mental
4defective;
5    (f) A person whose mental condition is of such a nature
6that it poses a clear and present danger to the applicant, any
7other person or persons or the community;
8    For the purposes of this Section, "mental condition" means
9a state of mind manifested by violent, suicidal, threatening or
10assaultive behavior.
11    (g) A person who is intellectually disabled;
12    (h) A person who intentionally makes a false statement in
13the Firearm Owner's Identification Card application;
14    (i) An alien who is unlawfully present in the United States
15under the laws of the United States;
16    (i-5) An alien who has been admitted to the United States
17under a non-immigrant visa (as that term is defined in Section
18101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
191101(a)(26))), except that this subsection (i-5) does not apply
20to any alien who has been lawfully admitted to the United
21States under a non-immigrant visa if that alien is:
22        (1) admitted to the United States for lawful hunting or
23    sporting purposes;
24        (2) an official representative of a foreign government
25    who is:
26            (A) accredited to the United States Government or

 

 

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1        the Government's mission to an international
2        organization having its headquarters in the United
3        States; or
4            (B) en route to or from another country to which
5        that alien is accredited;
6        (3) an official of a foreign government or
7    distinguished foreign visitor who has been so designated by
8    the Department of State;
9        (4) a foreign law enforcement officer of a friendly
10    foreign government entering the United States on official
11    business; or
12        (5) one who has received a waiver from the Attorney
13    General of the United States pursuant to 18 U.S.C.
14    922(y)(3);
15    (j) (Blank);
16    (k) A person who has been convicted within the past 5 years
17of battery, assault, aggravated assault, violation of an order
18of protection, or a substantially similar offense in another
19jurisdiction, in which a firearm was used or possessed;
20    (l) A person who has been convicted of domestic battery,
21aggravated domestic battery, or a substantially similar
22offense in another jurisdiction committed before, on or after
23January 1, 2012 (the effective date of Public Act 97-158) this
24amendatory Act of the 97th General Assembly;
25    (m) (Blank);
26    (n) A person who is prohibited from acquiring or possessing

 

 

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1firearms or firearm ammunition by any Illinois State statute or
2by federal law;
3    (o) A minor subject to a petition filed under Section 5-520
4of the Juvenile Court Act of 1987 alleging that the minor is a
5delinquent minor for the commission of an offense that if
6committed by an adult would be a felony; or
7    (p) An adult who had been adjudicated a delinquent minor
8under the Juvenile Court Act of 1987 for the commission of an
9offense that if committed by an adult would be a felony; or
10    (q) A person who is not a resident of the State of
11Illinois.
12(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
13eff. 1-1-12; revised 10-4-11.)
 
14    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
15    Sec. 8.1. Circuit Clerk to notify Department of State
16Police.
17    (a) The Circuit Clerk shall, in the form and manner
18required by the Supreme Court, notify the Department of State
19Police of all final dispositions of cases for which the
20Department has received information reported to it under
21Section 2.1 of the Criminal Identification Act.
22    (b) Upon adjudication of any individual as a mental
23defective, as defined in Section 1.1, the court shall direct
24the circuit court clerk shall to immediately notify the
25Department of State Police, Firearm Owner's Identification

 

 

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1(FOID) department, and shall forward a copy of the court order
2to the Department.
3(Source: P.A. 95-581, eff. 6-1-08.)
 
4    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
5    Sec. 10. (a) Whenever an application for a Firearm Owner's
6Identification Card is denied, whenever the Department fails to
7act on an application within 30 days of its receipt, or
8whenever such a Card is revoked or seized as provided for in
9Section 8 of this Act, the aggrieved party may appeal to the
10Director of the Department of State Police for a hearing upon
11such denial, revocation or seizure, unless the denial,
12revocation, or seizure was based upon a forcible felony,
13stalking, aggravated stalking, domestic battery, any violation
14of the Illinois Controlled Substances Act, the Methamphetamine
15Control and Community Protection Act, or the Cannabis Control
16Act that is classified as a Class 2 or greater felony, any
17felony violation of Article 24 of the Criminal Code of 1961, or
18any adjudication as a delinquent minor for the commission of an
19offense that if committed by an adult would be a felony, in
20which case the aggrieved party may petition the circuit court
21in writing in the county of his or her residence for a hearing
22upon such denial, revocation, or seizure.
23    (b) At least 30 days before any hearing in the circuit
24court, the petitioner shall serve the relevant State's Attorney
25with a copy of the petition. The State's Attorney may object to

 

 

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1the petition and present evidence. At the hearing the court
2shall determine whether substantial justice has been done.
3Should the court determine that substantial justice has not
4been done, the court shall issue an order directing the
5Department of State Police to issue a Card. However, the court
6shall not order a Card to be issued if the petitioner is
7otherwise prohibited from acquiring, possessing, or using a
8firearm under federal law.
9    (c) Any person prohibited from possessing a firearm under
10Sections 24-1.1 or 24-3.1 of the Criminal Code of 1961 or
11acquiring a Firearm Owner's Identification Card under Section 8
12of this Act may apply to the Director of the Department of
13State Police or petition the circuit court in the county where
14the petitioner resides, whichever is applicable in accordance
15with subsection (a) of this Section, requesting relief from
16such prohibition and the Director or court may grant such
17relief if it is established by the applicant to the court's or
18Director's satisfaction that:
19        (0.05) when in the circuit court, the State's Attorney
20    has been served with a written copy of the petition at
21    least 30 days before any such hearing in the circuit court
22    and at the hearing the State's Attorney was afforded an
23    opportunity to present evidence and object to the petition;
24        (1) the applicant has not been convicted of a forcible
25    felony under the laws of this State or any other
26    jurisdiction within 20 years of the applicant's

 

 

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1    application for a Firearm Owner's Identification Card, or
2    at least 20 years have passed since the end of any period
3    of imprisonment imposed in relation to that conviction;
4        (2) the circumstances regarding a criminal conviction,
5    where applicable, the applicant's criminal history and his
6    reputation are such that the applicant will not be likely
7    to act in a manner dangerous to public safety; and
8        (3) granting relief would not be contrary to the public
9    interest; and
10        (4) granting relief would not be contrary to federal
11    law.
12        
13    (d) When a minor is adjudicated delinquent for an offense
14which if committed by an adult would be a felony, the court
15shall notify the Department of State Police.
16    (e) The court shall review the denial of an application or
17the revocation of a Firearm Owner's Identification Card of a
18person who has been adjudicated delinquent for an offense that
19if committed by an adult would be a felony if an application
20for relief has been filed at least 10 years after the
21adjudication of delinquency and the court determines that the
22applicant should be granted relief from disability to obtain a
23Firearm Owner's Identification Card. If the court grants
24relief, the court shall notify the Department of State Police
25that the disability has been removed and that the applicant is
26eligible to obtain a Firearm Owner's Identification Card.

 

 

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1    (f) Any person who is prohibited from possessing a firearm
2under 18 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun
3Control Act of 1968 may apply to the Department of State Police
4requesting relief from such prohibition and the Director shall
5grant such relief if it is established to the Director's
6satisfaction that the person will not be likely to act in a
7manner dangerous to public safety and granting relief would not
8be contrary to the public interest.
9(Source: P.A. 96-1368, eff. 7-28-10.)".