Illinois General Assembly - Full Text of HB3318
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Full Text of HB3318  102nd General Assembly

HB3318 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3318

 

Introduced 2/19/2021, by Rep. David A. Welter

 

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 if an applicant for a Firearm Owner's Identification Card: (1) is 18 years of age or older but under 21 years of age, (2) is not an active duty member of the United States Armed Forces, and (3) does not have a parent or legal guardian to give written consent to his or her application, he or she must provide 2 signed, dated, and notarized personal references regarding his or her suitability to possess firearms and a signed, dated, and notarized statement detailing the reasons he or she does not have a parent or legal guardian. Provides that, if applicable, the applicant must provide death certificates or any applicable court orders regarding his or her circumstances resulting in his or her lack of a parent or legal guardian.


LRB102 13809 RLC 19159 b

 

 

A BILL FOR

 

HB3318LRB102 13809 RLC 19159 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. Application for Firearm Owner's Identification
8Cards.
9    (a) Each applicant for a Firearm Owner's Identification
10Card must:
11        (1) Make application on blank forms prepared and
12    furnished at convenient locations throughout the State by
13    the Department of State Police, or by electronic means, if
14    and when made available by the Department of State Police;
15    and
16        (2) Submit evidence to the Department of State Police
17    that:
18            (i) This subparagraph (i) applies through January
19        8, 2020 the 180th day following the effective date of
20        this amendatory Act of the 101st General Assembly. He
21        or she is 21 years of age or over, or if he or she is
22        under 21 years of age that he or she has the written
23        consent of his or her parent or legal guardian to

 

 

HB3318- 2 -LRB102 13809 RLC 19159 b

1        possess and acquire firearms and firearm ammunition
2        and that he or she has never been convicted of a
3        misdemeanor other than a traffic offense or adjudged
4        delinquent, provided, however, that such parent or
5        legal guardian is not an individual prohibited from
6        having a Firearm Owner's Identification Card and files
7        an affidavit with the Department as prescribed by the
8        Department stating that he or she is not an individual
9        prohibited from having a Card;
10            (i-5) This subparagraph (i-5) applies on and after
11        January 9, 2020 the 181st day following the effective
12        date of this amendatory Act of the 101st General
13        Assembly. Except as otherwise provided in subparagraph
14        (i-6), he He or she is 21 years of age or over, or if
15        he or she is under 21 years of age that he or she has
16        never been convicted of a misdemeanor other than a
17        traffic offense or adjudged delinquent and is an
18        active duty member of the United States Armed Forces
19        or has the written consent of his or her parent or
20        legal guardian to possess and acquire firearms and
21        firearm ammunition, provided, however, that such
22        parent or legal guardian is not an individual
23        prohibited from having a Firearm Owner's
24        Identification Card and files an affidavit with the
25        Department as prescribed by the Department stating
26        that he or she is not an individual prohibited from

 

 

HB3318- 3 -LRB102 13809 RLC 19159 b

1        having a Card or the active duty member of the United
2        States Armed Forces under 21 years of age annually
3        submits proof to the Department of State Police, in a
4        manner prescribed by the Department;
5            (i-6) The applicant (A) is 18 years of age or older
6        but under 21 years of age; (B) is not an active duty
7        member of the United States Armed Forces; and (C) does
8        not have a parent or legal guardian to give written
9        consent to his or her application;    
10            (ii) He or she has not been convicted of a felony
11        under the laws of this or any other jurisdiction;
12            (iii) He or she is not addicted to narcotics;
13            (iv) He or she has not been a patient in a mental
14        health facility within the past 5 years or, if he or
15        she has been a patient in a mental health facility more
16        than 5 years ago submit the certification required
17        under subsection (u) of Section 8 of this Act;
18            (v) He or she is not a person with an intellectual
19        disability;
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
3        substantially similar offense in another jurisdiction,
4        in which a firearm was used or possessed;
5            (ix) He or she has not been convicted of domestic
6        battery, aggravated domestic battery, or a
7        substantially similar offense in another jurisdiction
8        committed before, on or after January 1, 2012 (the
9        effective date of Public Act 97-158). If the applicant
10        knowingly and intelligently waives the right to have
11        an offense described in this clause (ix) tried by a
12        jury, and by guilty plea or otherwise, results in a
13        conviction for an offense in which a domestic
14        relationship is not a required element of the offense
15        but in which a determination of the applicability of
16        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
17        the Code of Criminal Procedure of 1963, an entry by the
18        court of a judgment of conviction for that offense
19        shall be grounds for denying the issuance of a Firearm
20        Owner's Identification Card under this Section;
21            (x) (Blank);
22            (xi) He or she is not an alien who has been
23        admitted to the United States under a non-immigrant
24        visa (as that term is defined in Section 101(a)(26) of
25        the Immigration and Nationality Act (8 U.S.C.
26        1101(a)(26))), or that he or she is an alien who has

 

 

HB3318- 5 -LRB102 13809 RLC 19159 b

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

 

 

HB3318- 6 -LRB102 13809 RLC 19159 b

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

 

 

HB3318- 7 -LRB102 13809 RLC 19159 b

1    (a-5) Each applicant for a Firearm Owner's Identification
2Card who is over the age of 18 shall furnish to the Department
3of State Police either his or her Illinois driver's license
4number or Illinois Identification Card number, except as
5provided in subsection (a-10).
6    (a-10) Each applicant for a Firearm Owner's Identification
7Card, who is employed as a law enforcement officer, an armed
8security officer in Illinois, or by the United States Military
9permanently assigned in Illinois and who is not an Illinois
10resident, shall furnish to the Department of State Police his
11or her driver's license number or state identification card
12number from his or her state of residence. The Department of
13State Police may adopt rules to enforce the provisions of this
14subsection (a-10).
15    (a-15) If an applicant applying for a Firearm Owner's
16Identification Card moves from the residence address named in
17the application, he or she shall immediately notify in a form
18and manner prescribed by the Department of State Police of
19that change of address.
20    (a-20) Each applicant for a Firearm Owner's Identification
21Card shall furnish to the Department of State Police his or her
22photograph. An applicant who is 21 years of age or older
23seeking a religious exemption to the photograph requirement
24must furnish with the application an approved copy of United
25States Department of the Treasury Internal Revenue Service
26Form 4029. In lieu of a photograph, an applicant regardless of

 

 

HB3318- 8 -LRB102 13809 RLC 19159 b

1age seeking a religious exemption to the photograph
2requirement shall submit fingerprints on a form and manner
3prescribed by the Department with his or her application.
4    (a-25) Evidence submitted to meet the requirements of
5subdivision (a)(2)(i-6) of this Section shall include the
6following:
7        (1) 2 signed, dated, and notarized personal references
8    regarding the applicant's suitability to possess firearms;
9        (2) a signed, dated, and notarized statement detailing
10    the reasons the applicant does not have a parent or legal
11    guardian; and
12        (3) the death certificates or any applicable court
13    orders regarding circumstances of the applicant resulting
14    in his or her lack of a parent or legal guardian.
15    (b) Each application form shall include the following
16statement printed in bold type: "Warning: Entering false
17information on an application for a Firearm Owner's
18Identification Card is punishable as a Class 2 felony in
19accordance with subsection (d-5) of Section 14 of the Firearm
20Owners Identification Card Act.".
21    (c) Upon such written consent, pursuant to Section 4,
22paragraph (a)(2)(i), the parent or legal guardian giving the
23consent shall be liable for any damages resulting from the
24applicant's use of firearms or firearm ammunition.
25(Source: P.A. 101-80, eff. 7-12-19.)
 

 

 

HB3318- 9 -LRB102 13809 RLC 19159 b

1    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
2    Sec. 8. Grounds for denial and revocation. The Department
3of State Police has authority to deny an application for or to
4revoke and seize a Firearm Owner's Identification Card
5previously issued under this Act only if the Department finds
6that the applicant or the person to whom such card was issued
7is or was at the time of issuance:
8        (a) A person under 21 years of age who has been
9    convicted of a misdemeanor other than a traffic offense or
10    adjudged delinquent;
11        (b) This subsection (b) applies through January 8,
12    2020 the 180th day following the effective date of this
13    amendatory Act of the 101st General Assembly. A person
14    under 21 years of age who does not have the written consent
15    of his parent or guardian to acquire and possess firearms
16    and firearm ammunition, or whose parent or guardian has
17    revoked such written consent, or where such parent or
18    guardian does not qualify to have a Firearm Owner's
19    Identification Card;
20        (b-5) This subsection (b-5) applies on and after
21    January 9, 2020 the 181st day following the effective date
22    of this amendatory Act of the 101st General Assembly.
23    Except as otherwise provided in subsection (b-6), a A
24    person under 21 years of age who is not an active duty
25    member of the United States Armed Forces and does not have
26    the written consent of his or her parent or guardian to

 

 

HB3318- 10 -LRB102 13809 RLC 19159 b

1    acquire and possess firearms and firearm ammunition, or
2    whose parent or guardian has revoked such written consent,
3    or where such parent or guardian does not qualify to have a
4    Firearm Owner's Identification Card;
5        (b-6) A person who: (A) is 18 years of age or older but
6    under 21 years of age; (B) is not an active duty member of
7    the United States Armed Forces; (C) does not have the
8    written consent of his or her parent or guardian to
9    acquire and possess firearms and firearm ammunition; (D)
10    does not provide 2 signed, dated, and notarized personal
11    references regarding his or her suitability to possess
12    firearms; and (E) does not provide a signed, dated, and
13    notarized statement detailing the reasons he or she does
14    not have a parent or legal guardian, or if applicable,
15    does not provide death certificates or any applicable
16    court orders regarding his or her circumstances resulting
17    in his or her lack of a parent or legal guardian;    
18        (c) A person convicted of a felony under the laws of
19    this or any other jurisdiction;
20        (d) A person addicted to narcotics;
21        (e) A person who has been a patient of a mental health
22    facility within the past 5 years or a person who has been a
23    patient in a mental health facility more than 5 years ago
24    who has not received the certification required under
25    subsection (u) of this Section. An active law enforcement
26    officer employed by a unit of government who is denied,

 

 

HB3318- 11 -LRB102 13809 RLC 19159 b

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

 

 

HB3318- 12 -LRB102 13809 RLC 19159 b

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

 

 

HB3318- 13 -LRB102 13809 RLC 19159 b

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

 

 

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

 

 

HB3318- 15 -LRB102 13809 RLC 19159 b

1    willful or wanton misconduct. This subsection does not
2    apply to a person whose firearm possession rights have
3    been restored through administrative or judicial action
4    under Section 10 or 11 of this Act.
5    Upon revocation of a person's Firearm Owner's
6Identification Card, the Department of State Police shall
7provide notice to the person and the person shall comply with
8Section 9.5 of this Act.
9(Source: P.A. 101-80, eff. 7-12-19.)