Illinois General Assembly - Full Text of HB0789
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Full Text of HB0789  102nd General Assembly

HB0789 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0789

 

Introduced 2/10/2021, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/5  from Ch. 38, par. 83-5
430 ILCS 66/70

    Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that if a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of a concealed carry license, the Firearm Owner's Identification Card and the license remain valid and the licensee does not have to renew his or her Firearm Owner's Identification Card. Provides that the Illinois State Police shall automatically renew the licensee's Firearm Owner's Identification Card and send a renewed Firearm Owner's Identification Card to the licensee unless the Illinois State Police has reason to believe the person is no longer eligible for the Card.


LRB102 04209 RLC 14226 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0789LRB102 04209 RLC 14226 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 Section 5 as follows:
 
6    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
7    Sec. 5. Application and renewal.
8    (a) The Department of State Police shall either approve or
9deny all applications within 30 days from the date they are
10received, except as provided in subsection (b) of this
11Section, and every applicant found qualified under Section 8
12of this Act by the Department shall be entitled to a Firearm
13Owner's Identification Card upon the payment of a $10 fee. Any
14applicant who is an active duty member of the Armed Forces of
15the United States, a member of the Illinois National Guard, or
16a member of the Reserve Forces of the United States is exempt
17from the application fee. $6 of each fee derived from the
18issuance of Firearm Owner's Identification Cards, or renewals
19thereof, shall be deposited in the Wildlife and Fish Fund in
20the State Treasury; $1 of the fee shall be deposited in the
21State Police Services Fund and $3 of the fee shall be deposited
22in the State Police Firearm Services Fund.
23    (b) Renewal applications shall be approved or denied

 

 

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1within 60 business days, provided the applicant submitted his
2or her renewal application prior to the expiration of his or
3her Firearm Owner's Identification Card. If a renewal
4application has been submitted prior to the expiration date of
5the applicant's Firearm Owner's Identification Card, the
6Firearm Owner's Identification Card shall remain valid while
7the Department processes the application, unless the person is
8subject to or becomes subject to revocation under this Act.
9The cost for a renewal application shall be $10 which shall be
10deposited into the State Police Firearm Services Fund.
11    (c) If a Firearm Owner's Identification Card of a licensee
12under the Firearm Concealed Carry Act expires during the term
13of the licensee's concealed carry license, the Firearm Owner's
14Identification Card and the license remain valid and the
15licensee does not have to renew his or her Firearm Owner's
16Identification Card. The Illinois State Police shall
17automatically renew the licensee's Firearm Owner's
18Identification Card and send a renewed Firearm Owner's
19Identification Card to the licensee unless the Illinois State
20Police has reason to believe the licensee is no longer
21eligible for the Card.
22(Source: P.A. 100-906, eff. 1-1-19.)
 
23    Section 10. The Firearm Concealed Carry Act is amended by
24changing Section 70 as follows:
 

 

 

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1    (430 ILCS 66/70)
2    Sec. 70. Violations.
3    (a) A license issued or renewed under this Act shall be
4revoked if, at any time, the licensee is found to be ineligible
5for a license under this Act or the licensee no longer meets
6the eligibility requirements of the Firearm Owners
7Identification Card Act.
8    (b) A license shall be suspended if an order of
9protection, including an emergency order of protection,
10plenary order of protection, or interim order of protection
11under Article 112A of the Code of Criminal Procedure of 1963 or
12under the Illinois Domestic Violence Act of 1986, or if a
13firearms restraining order, including an emergency firearms
14restraining order, under the Firearms Restraining Order Act,
15is issued against a licensee for the duration of the order, or
16if the Department is made aware of a similar order issued
17against the licensee in any other jurisdiction. If an order of
18protection is issued against a licensee, the licensee shall
19surrender the license, as applicable, to the court at the time
20the order is entered or to the law enforcement agency or entity
21serving process at the time the licensee is served the order.
22The court, law enforcement agency, or entity responsible for
23serving the order of protection shall notify the Department
24within 7 days and transmit the license to the Department.
25    (c) A license is invalid upon expiration of the license,
26unless the licensee has submitted an application to renew the

 

 

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1license, and the applicant is otherwise eligible to possess a
2license under this Act.
3    (d) A licensee shall not carry a concealed firearm while
4under the influence of alcohol, other drug or drugs,
5intoxicating compound or combination of compounds, or any
6combination thereof, under the standards set forth in
7subsection (a) of Section 11-501 of the Illinois Vehicle Code.
8    A licensee in violation of this subsection (d) shall be
9guilty of a Class A misdemeanor for a first or second violation
10and a Class 4 felony for a third violation. The Department may
11suspend a license for up to 6 months for a second violation and
12shall permanently revoke a license for a third violation.
13    (e) Except as otherwise provided, a licensee in violation
14of this Act shall be guilty of a Class B misdemeanor. A second
15or subsequent violation is a Class A misdemeanor. The
16Department may suspend a license for up to 6 months for a
17second violation and shall permanently revoke a license for 3
18or more violations of Section 65 of this Act. Any person
19convicted of a violation under this Section shall pay a $150
20fee to be deposited into the Mental Health Reporting Fund,
21plus any applicable court costs or fees.
22    (f) A licensee convicted or found guilty of a violation of
23this Act who has a valid license and is otherwise eligible to
24carry a concealed firearm shall only be subject to the
25penalties under this Section and shall not be subject to the
26penalties under Section 21-6, paragraph (4), (8), or (10) of

 

 

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1subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
2of paragraph (3) of subsection (a) of Section 24-1.6 of the
3Criminal Code of 2012. Except as otherwise provided in this
4subsection, nothing in this subsection prohibits the licensee
5from being subjected to penalties for violations other than
6those specified in this Act.
7    (g) A licensee whose license is revoked, suspended, or
8denied shall, within 48 hours of receiving notice of the
9revocation, suspension, or denial, surrender his or her
10concealed carry license to the local law enforcement agency
11where the person resides. The local law enforcement agency
12shall provide the licensee a receipt and transmit the
13concealed carry license to the Department of State Police. If
14the licensee whose concealed carry license has been revoked,
15suspended, or denied fails to comply with the requirements of
16this subsection, the law enforcement agency where the person
17resides may petition the circuit court to issue a warrant to
18search for and seize the concealed carry license in the
19possession and under the custody or control of the licensee
20whose concealed carry license has been revoked, suspended, or
21denied. The observation of a concealed carry license in the
22possession of a person whose license has been revoked,
23suspended, or denied constitutes a sufficient basis for the
24arrest of that person for violation of this subsection. A
25violation of this subsection is a Class A misdemeanor.
26    (h) Except as otherwise provided in subsection (h-5), a A

 

 

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1license issued or renewed under this Act shall be revoked if,
2at any time, the licensee is found ineligible for a Firearm
3Owner's Identification Card, or the licensee no longer
4possesses a valid Firearm Owner's Identification Card. A
5licensee whose license is revoked under this subsection (h)
6shall surrender his or her concealed carry license as provided
7for in subsection (g) of this Section.
8    This subsection shall not apply to a person who has filed
9an application with the State Police for renewal of a Firearm
10Owner's Identification Card and who is not otherwise
11ineligible to obtain a Firearm Owner's Identification Card.
12    (h-5) If the Firearm Owner's Identification Card of a
13licensee under this Act expires during the term of the license
14issued under this Act, the license and the Firearm Owner's
15Identification Card remain valid, and the Illinois State
16Police shall automatically renew the licensee's Firearm
17Owner's Identification Card as provided in subsection (c) of
18Section 5 of the Firearm Owners Identification Card Act.
19    (i) A certified firearms instructor who knowingly provides
20or offers to provide a false certification that an applicant
21has completed firearms training as required under this Act is
22guilty of a Class A misdemeanor. A person guilty of a violation
23of this subsection (i) is not eligible for court supervision.
24The Department shall permanently revoke the firearms
25instructor certification of a person convicted under this
26subsection (i).

 

 

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1(Source: P.A. 100-607, eff. 1-1-19.)