Illinois General Assembly - Full Text of HB2858
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Full Text of HB2858  102nd General Assembly

HB2858 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2858

 

Introduced 2/19/2021, by Rep. Daniel Swanson

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/2  from Ch. 38, par. 83-2
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 66/25

    Amends the Firearm Owners Identification Card Act. Lowers the age at which a person may apply for a Firearm Owner's Identification Card from 21 to 18 and provides that a person who is under that age may apply for a Firearm Owner's Identification Card without parental consent required if he or she is an active duty member of the United States Armed Forces. Amends the Firearm Concealed Carry Act. Provides that the Department of State Police shall issue a concealed carry license to an applicant who is at least 18 (currently, 21) years of age or is an active duty member of the United States Armed Forces.


LRB102 04005 RLC 14021 b

 

 

A BILL FOR

 

HB2858LRB102 04005 RLC 14021 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 2, 4, and 8 as follows:
 
6    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
7    Sec. 2. Firearm Owner's Identification Card required;
8exceptions.
9    (a) (1) No person may acquire or possess any firearm, stun
10gun, or taser within this State without having in his or her
11possession a Firearm Owner's Identification Card previously
12issued in his or her name by the Department of State Police
13under the provisions of this Act.
14    (2) No person may acquire or possess firearm ammunition
15within this State without having in his or her possession a
16Firearm Owner's Identification Card previously issued in his
17or her name by the Department of State Police under the
18provisions of this Act.
19    (b) The provisions of this Section regarding the
20possession of firearms, firearm ammunition, stun guns, and
21tasers do not apply to:
22        (1) United States Marshals, while engaged in the
23    operation of their official duties;

 

 

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1        (2) Members of the Armed Forces of the United States
2    or the National Guard, while engaged in the operation of
3    their official duties;
4        (3) Federal officials required to carry firearms,
5    while engaged in the operation of their official duties;
6        (4) Members of bona fide veterans organizations which
7    receive firearms directly from the armed forces of the
8    United States, while using the firearms for ceremonial
9    purposes with blank ammunition;
10        (5) Nonresident hunters during hunting season, with
11    valid nonresident hunting licenses and while in an area
12    where hunting is permitted; however, at all other times
13    and in all other places these persons must have their
14    firearms unloaded and enclosed in a case;
15        (6) Those hunters exempt from obtaining a hunting
16    license who are required to submit their Firearm Owner's
17    Identification Card when hunting on Department of Natural
18    Resources owned or managed sites;
19        (7) Nonresidents while on a firing or shooting range
20    recognized by the Department of State Police; however,
21    these persons must at all other times and in all other
22    places have their firearms unloaded and enclosed in a
23    case;
24        (8) Nonresidents while at a firearm showing or display
25    recognized by the Department of State Police; however, at
26    all other times and in all other places these persons must

 

 

HB2858- 3 -LRB102 04005 RLC 14021 b

1    have their firearms unloaded and enclosed in a case;
2        (9) Nonresidents whose firearms are unloaded and
3    enclosed in a case;
4        (10) Nonresidents who are currently licensed or
5    registered to possess a firearm in their resident state;
6        (11) Unemancipated minors while in the custody and
7    immediate control of their parent or legal guardian or
8    other person in loco parentis to the minor if the parent or
9    legal guardian or other person in loco parentis to the
10    minor has a currently valid Firearm Owner's Identification
11    Card;
12        (12) Color guards of bona fide veterans organizations
13    or members of bona fide American Legion bands while using
14    firearms for ceremonial purposes with blank ammunition;
15        (13) Nonresident hunters whose state of residence does
16    not require them to be licensed or registered to possess a
17    firearm and only during hunting season, with valid hunting
18    licenses, while accompanied by, and using a firearm owned
19    by, a person who possesses a valid Firearm Owner's
20    Identification Card and while in an area within a
21    commercial club licensed under the Wildlife Code where
22    hunting is permitted and controlled, but in no instance
23    upon sites owned or managed by the Department of Natural
24    Resources;
25        (14) Resident hunters who are properly authorized to
26    hunt and, while accompanied by a person who possesses a

 

 

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1    valid Firearm Owner's Identification Card, hunt in an area
2    within a commercial club licensed under the Wildlife Code
3    where hunting is permitted and controlled;
4        (15) A person who is otherwise eligible to obtain a
5    Firearm Owner's Identification Card under this Act and is
6    under the direct supervision of a holder of a Firearm
7    Owner's Identification Card who is 18 21 years of age or
8    older while the person is on a firing or shooting range or
9    is a participant in a firearms safety and training course
10    recognized by a law enforcement agency or a national,
11    statewide shooting sports organization; and
12        (16) Competitive shooting athletes whose competition
13    firearms are sanctioned by the International Olympic
14    Committee, the International Paralympic Committee, the
15    International Shooting Sport Federation, or USA Shooting
16    in connection with such athletes' training for and
17    participation in shooting competitions at the 2016 Olympic
18    and Paralympic Games and sanctioned test events leading up
19    to the 2016 Olympic and Paralympic Games.
20    (c) The provisions of this Section regarding the
21acquisition and possession of firearms, firearm ammunition,
22stun guns, and tasers do not apply to law enforcement
23officials of this or any other jurisdiction, while engaged in
24the operation of their official duties.
25    (c-5) The provisions of paragraphs (1) and (2) of
26subsection (a) of this Section regarding the possession of

 

 

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1firearms and firearm ammunition do not apply to the holder of a
2valid concealed carry license issued under the Firearm
3Concealed Carry Act who is in physical possession of the
4concealed carry license.
5    (d) Any person who becomes a resident of this State, who is
6not otherwise prohibited from obtaining, possessing, or using
7a firearm or firearm ammunition, shall not be required to have
8a Firearm Owner's Identification Card to possess firearms or
9firearms ammunition until 60 calendar days after he or she
10obtains an Illinois driver's license or Illinois
11Identification Card.
12(Source: P.A. 99-29, eff. 7-10-15.)
 
13    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
14    Sec. 4. Application for Firearm Owner's Identification
15Cards.
16    (a) Each applicant for a Firearm Owner's Identification
17Card must:
18        (1) Make application on blank forms prepared and
19    furnished at convenient locations throughout the State by
20    the Department of State Police, or by electronic means, if
21    and when made available by the Department of State Police;
22    and
23        (2) Submit evidence to the Department of State Police
24    that:
25            (i) This subparagraph (i) applies through the

 

 

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1        180th day following the effective date of this
2        amendatory Act of the 101st General Assembly. He or
3        she is 18 21 years of age or over, or if he or she is
4        under 18 21 years of age that he or she has never been
5        convicted of a misdemeanor other than a traffic
6        offense or adjudged delinquent and is an active duty
7        member of the United States Armed Forces or has the
8        written consent of his or her parent or legal guardian
9        to possess and acquire firearms and firearm ammunition
10        and that he or she has never been convicted of a
11        misdemeanor other than a traffic offense or adjudged
12        delinquent, provided, however, that such parent or
13        legal guardian is not an individual prohibited from
14        having a Firearm Owner's Identification Card and files
15        an affidavit with the Department as prescribed by the
16        Department stating that he or she is not an individual
17        prohibited from having a Card;
18            (i-5) This subparagraph (i-5) applies on and after
19        the 181st day following the effective date of this
20        amendatory Act of the 101st General Assembly. He or
21        she is 18 21 years of age or over, or if he or she is
22        under 18 21 years of age that he or she has never been
23        convicted of a misdemeanor other than a traffic
24        offense or adjudged delinquent and is an active duty
25        member of the United States Armed Forces or has the
26        written consent of his or her parent or legal guardian

 

 

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1        to possess and acquire firearms and firearm
2        ammunition, provided, however, that such parent or
3        legal guardian is not an individual prohibited from
4        having a Firearm Owner's Identification Card and files
5        an affidavit with the Department as prescribed by the
6        Department stating that he or she is not an individual
7        prohibited from having a Card or the active duty
8        member of the United States Armed Forces under 18 21
9        years of age annually submits proof to the Department
10        of State Police, in a manner prescribed by the
11        Department;
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        health facility within the past 5 years or, if he or
17        she has been a patient in a mental health facility more
18        than 5 years ago submit the certification required
19        under subsection (u) of Section 8 of this Act;
20            (v) He or she is not a person with an intellectual
21        disability;
22            (vi) He or she is not an alien who is unlawfully
23        present in the United States under the laws of the
24        United States;
25            (vii) He or she is not subject to an existing order
26        of protection prohibiting him or her from possessing a

 

 

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

 

 

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1        the Immigration and Nationality Act (8 U.S.C.
2        1101(a)(26))), or that he or she is an alien who has
3        been lawfully admitted to the United States under a
4        non-immigrant visa if that alien is:
5                (1) admitted to the United States for lawful
6            hunting or sporting purposes;
7                (2) an official representative of a foreign
8            government who is:
9                    (A) accredited to the United States
10                Government or the Government's mission to an
11                international organization having its
12                headquarters in the United States; or
13                    (B) en route to or from another country to
14                which that alien is accredited;
15                (3) an official of a foreign government or
16            distinguished foreign visitor who has been so
17            designated by the Department of State;
18                (4) a foreign law enforcement officer of a
19            friendly foreign government entering the United
20            States on official business; or
21                (5) one who has received a waiver from the
22            Attorney General of the United States pursuant to
23            18 U.S.C. 922(y)(3);
24            (xii) He or she is not a minor subject to a
25        petition filed under Section 5-520 of the Juvenile
26        Court Act of 1987 alleging that the minor is a

 

 

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1        delinquent minor for the commission of an offense that
2        if committed by an adult would be a felony;
3            (xiii) He or she is not an adult who had been
4        adjudicated a delinquent minor under the Juvenile
5        Court Act of 1987 for the commission of an offense that
6        if committed by an adult would be a felony;
7            (xiv) He or she is a resident of the State of
8        Illinois;
9            (xv) He or she has not been adjudicated as a person
10        with a mental disability;
11            (xvi) He or she has not been involuntarily
12        admitted into a mental health facility; and
13            (xvii) He or she is not a person with a
14        developmental disability; and
15        (3) Upon request by the Department of State Police,
16    sign a release on a form prescribed by the Department of
17    State Police waiving any right to confidentiality and
18    requesting the disclosure to the Department of State
19    Police of limited mental health institution admission
20    information from another state, the District of Columbia,
21    any other territory of the United States, or a foreign
22    nation concerning the applicant for the sole purpose of
23    determining whether the applicant is or was a patient in a
24    mental health institution and disqualified because of that
25    status from receiving a Firearm Owner's Identification
26    Card. No mental health care or treatment records may be

 

 

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1    requested. The information received shall be destroyed
2    within one year of receipt.
3    (a-5) Each applicant for a Firearm Owner's Identification
4Card who is over the age of 18 shall furnish to the Department
5of State Police either his or her Illinois driver's license
6number or Illinois Identification Card number, except as
7provided in subsection (a-10).
8    (a-10) Each applicant for a Firearm Owner's Identification
9Card, who is employed as a law enforcement officer, an armed
10security officer in Illinois, or by the United States Military
11permanently assigned in Illinois and who is not an Illinois
12resident, shall furnish to the Department of State Police his
13or her driver's license number or state identification card
14number from his or her state of residence. The Department of
15State Police may adopt rules to enforce the provisions of this
16subsection (a-10).
17    (a-15) If an applicant applying for a Firearm Owner's
18Identification Card moves from the residence address named in
19the application, he or she shall immediately notify in a form
20and manner prescribed by the Department of State Police of
21that change of address.
22    (a-20) Each applicant for a Firearm Owner's Identification
23Card shall furnish to the Department of State Police his or her
24photograph. An applicant who is 18 21 years of age or older
25seeking a religious exemption to the photograph requirement
26must furnish with the application an approved copy of United

 

 

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1States Department of the Treasury Internal Revenue Service
2Form 4029. In lieu of a photograph, an applicant regardless of
3age seeking a religious exemption to the photograph
4requirement shall submit fingerprints on a form and manner
5prescribed by the Department with his or her application.
6    (b) Each application form shall include the following
7statement printed in bold type: "Warning: Entering false
8information on an application for a Firearm Owner's
9Identification Card is punishable as a Class 2 felony in
10accordance with subsection (d-5) of Section 14 of the Firearm
11Owners Identification Card Act.".
12    (c) Upon such written consent, pursuant to Section 4,
13paragraph (a)(2)(i), the parent or legal guardian giving the
14consent shall be liable for any damages resulting from the
15applicant's use of firearms or firearm ammunition.
16(Source: P.A. 101-80, eff. 7-12-19.)
 
17    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
18    Sec. 8. Grounds for denial and revocation. The Department
19of State Police has authority to deny an application for or to
20revoke and seize a Firearm Owner's Identification Card
21previously issued under this Act only if the Department finds
22that the applicant or the person to whom such card was issued
23is or was at the time of issuance:
24        (a) A person under 18 21 years of age who has been
25    convicted of a misdemeanor other than a traffic offense or

 

 

HB2858- 13 -LRB102 04005 RLC 14021 b

1    adjudged delinquent;
2        (b) This subsection (b) applies through the 180th day
3    following the effective date of this amendatory Act of the
4    101st General Assembly. A person under 18 21 years of age
5    who is not an active duty member of the of the United
6    States Armed Forces and does not have the written consent
7    of his parent or guardian to acquire and possess firearms
8    and firearm ammunition, or whose parent or guardian has
9    revoked such written consent, or where such parent or
10    guardian does not qualify to have a Firearm Owner's
11    Identification Card;
12        (b-5) This subsection (b-5) applies on and after the
13    181st day following the effective date of this amendatory
14    Act of the 101st General Assembly. A person under 18 21
15    years of age who is not an active duty member of the United
16    States Armed Forces and does not have the written consent
17    of his or her parent or guardian to acquire and possess
18    firearms and firearm ammunition, or whose parent or
19    guardian has revoked such written consent, or where such
20    parent or guardian does not qualify to have a Firearm
21    Owner's Identification Card;
22        (c) A person convicted of a felony under the laws of
23    this or any other jurisdiction;
24        (d) A person addicted to narcotics;
25        (e) A person who has been a patient of a mental health
26    facility within the past 5 years or a person who has been a

 

 

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1    patient in a mental health facility more than 5 years ago
2    who has not received the certification required under
3    subsection (u) of this Section. An active law enforcement
4    officer employed by a unit of government who is denied,
5    revoked, or has his or her Firearm Owner's Identification
6    Card seized under this subsection (e) may obtain relief as
7    described in subsection (c-5) of Section 10 of this Act if
8    the officer did not act in a manner threatening to the
9    officer, another person, or the public as determined by
10    the treating clinical psychologist or physician, and the
11    officer seeks mental health treatment;
12        (f) A person whose mental condition is of such a
13    nature that it poses a clear and present danger to the
14    applicant, any other person or persons or the community;
15        (g) A person who has an intellectual disability;
16        (h) A person who intentionally makes a false statement
17    in the Firearm Owner's Identification Card application;
18        (i) An alien who is unlawfully present in the United
19    States under the laws of the United States;
20        (i-5) An alien who has been admitted to the United
21    States under a non-immigrant visa (as that term is defined
22    in Section 101(a)(26) of the Immigration and Nationality
23    Act (8 U.S.C. 1101(a)(26))), except that this subsection
24    (i-5) does not apply to any alien who has been lawfully
25    admitted to the United States under a non-immigrant visa
26    if that alien is:

 

 

HB2858- 15 -LRB102 04005 RLC 14021 b

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

 

 

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1    battery, aggravated domestic battery, or a substantially
2    similar offense in another jurisdiction committed before,
3    on or after January 1, 2012 (the effective date of Public
4    Act 97-158). If the applicant or person who has been
5    previously issued a Firearm Owner's Identification Card
6    under this Act knowingly and intelligently waives the
7    right to have an offense described in this paragraph (l)
8    tried by a jury, and by guilty plea or otherwise, results
9    in a conviction for an offense in which a domestic
10    relationship is not a required element of the offense but
11    in which a determination of the applicability of 18 U.S.C.
12    922(g)(9) is made under Section 112A-11.1 of the Code of
13    Criminal Procedure of 1963, an entry by the court of a
14    judgment of conviction for that offense shall be grounds
15    for denying an application for and for revoking and
16    seizing a Firearm Owner's Identification Card previously
17    issued to the person under this Act;
18        (m) (Blank);
19        (n) A person who is prohibited from acquiring or
20    possessing firearms or firearm ammunition by any Illinois
21    State statute or by federal law;
22        (o) A minor subject to a petition filed under Section
23    5-520 of the Juvenile Court Act of 1987 alleging that the
24    minor is a delinquent minor for the commission of an
25    offense that if committed by an adult would be a felony;
26        (p) An adult who had been adjudicated a delinquent

 

 

HB2858- 17 -LRB102 04005 RLC 14021 b

1    minor under the Juvenile Court Act of 1987 for the
2    commission of an offense that if committed by an adult
3    would be a felony;
4        (q) A person who is not a resident of the State of
5    Illinois, except as provided in subsection (a-10) of
6    Section 4;
7        (r) A person who has been adjudicated as a person with
8    a mental disability;
9        (s) A person who has been found to have a
10    developmental disability;
11        (t) A person involuntarily admitted into a mental
12    health facility; or
13        (u) A person who has had his or her Firearm Owner's
14    Identification Card revoked or denied under subsection (e)
15    of this Section or item (iv) of paragraph (2) of
16    subsection (a) of Section 4 of this Act because he or she
17    was a patient in a mental health facility as provided in
18    subsection (e) of this Section, shall not be permitted to
19    obtain a Firearm Owner's Identification Card, after the
20    5-year period has lapsed, unless he or she has received a
21    mental health evaluation by a physician, clinical
22    psychologist, or qualified examiner as those terms are
23    defined in the Mental Health and Developmental
24    Disabilities Code, and has received a certification that
25    he or she is not a clear and present danger to himself,
26    herself, or others. The physician, clinical psychologist,

 

 

HB2858- 18 -LRB102 04005 RLC 14021 b

1    or qualified examiner making the certification and his or
2    her employer shall not be held criminally, civilly, or
3    professionally liable for making or not making the
4    certification required under this subsection, except for
5    willful or wanton misconduct. This subsection does not
6    apply to a person whose firearm possession rights have
7    been restored through administrative or judicial action
8    under Section 10 or 11 of this Act.
9    Upon revocation of a person's Firearm Owner's
10Identification Card, the Department of State Police shall
11provide notice to the person and the person shall comply with
12Section 9.5 of this Act.
13(Source: P.A. 101-80, eff. 7-12-19.)
 
14    Section 10. The Firearm Concealed Carry Act is amended by
15changing Section 25 as follows:
 
16    (430 ILCS 66/25)
17    Sec. 25. Qualifications for a license.
18    The Department shall issue a license to an applicant
19completing an application in accordance with Section 30 of
20this Act if the person:
21        (1) is at least 18 21 years of age or is an active duty
22    member of the United States Armed Forces;
23        (2) has a currently valid Firearm Owner's
24    Identification Card and at the time of application meets

 

 

HB2858- 19 -LRB102 04005 RLC 14021 b

1    the requirements for the issuance of a Firearm Owner's
2    Identification Card and is not prohibited under the
3    Firearm Owners Identification Card Act or federal law from
4    possessing or receiving a firearm;
5        (3) has not been convicted or found guilty in this
6    State or in any other state of:
7            (A) a misdemeanor involving the use or threat of
8        physical force or violence to any person within the 5
9        years preceding the date of the license application;
10        or
11            (B) 2 or more violations related to driving while
12        under the influence of alcohol, other drug or drugs,
13        intoxicating compound or compounds, or any combination
14        thereof, within the 5 years preceding the date of the
15        license application;
16        (4) is not the subject of a pending arrest warrant,
17    prosecution, or proceeding for an offense or action that
18    could lead to disqualification to own or possess a
19    firearm;
20        (5) has not been in residential or court-ordered
21    treatment for alcoholism, alcohol detoxification, or drug
22    treatment within the 5 years immediately preceding the
23    date of the license application; and
24        (6) has completed firearms training and any education
25    component required under Section 75 of this Act.
26(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)