Illinois General Assembly - Full Text of SB1938
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Full Text of SB1938  102nd General Assembly

SB1938 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1938

 

Introduced 2/26/2021, by Sen. Dale Fowler

 

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. Lowers the minimum age in which a person who is not an active duty member of the United States Armed Forces may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029.


LRB102 15457 RLC 20820 b

 

 

A BILL FOR

 

SB1938LRB102 15457 RLC 20820 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) (Blank); This subparagraph (i) applies through
19        the 180th day following the effective date of this
20        amendatory Act of the 101st General Assembly. He or
21        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

 

 

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

 

 

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1        Department stating that he or she is not an individual
2        prohibited from having a Card or the active duty
3        member of the United States Armed Forces under 18 21
4        years of age annually submits proof to the Department
5        of State Police, in a manner prescribed by the
6        Department;
7            (ii) He or she has not been convicted of a felony
8        under the laws of this or any other jurisdiction;
9            (iii) He or she is not addicted to narcotics;
10            (iv) He or she has not been a patient in a mental
11        health facility within the past 5 years or, if he or
12        she has been a patient in a mental health facility more
13        than 5 years ago submit the certification required
14        under subsection (u) of Section 8 of this Act;
15            (v) He or she is not a person with an intellectual
16        disability;
17            (vi) He or she is not an alien who is unlawfully
18        present in the United States under the laws of the
19        United States;
20            (vii) He or she is not subject to an existing order
21        of protection prohibiting him or her from possessing a
22        firearm;
23            (viii) He or she has not been convicted within the
24        past 5 years of battery, assault, aggravated assault,
25        violation of an order of protection, or a
26        substantially similar offense in another jurisdiction,

 

 

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1        in which a firearm was used or possessed;
2            (ix) He or she has not been convicted of domestic
3        battery, aggravated domestic battery, or a
4        substantially similar offense in another jurisdiction
5        committed before, on or after January 1, 2012 (the
6        effective date of Public Act 97-158). If the applicant
7        knowingly and intelligently waives the right to have
8        an offense described in this clause (ix) tried by a
9        jury, and by guilty plea or otherwise, results in a
10        conviction for an offense in which a domestic
11        relationship is not a required element of the offense
12        but in which a determination of the applicability of
13        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
14        the Code of Criminal Procedure of 1963, an entry by the
15        court of a judgment of conviction for that offense
16        shall be grounds for denying the issuance of a Firearm
17        Owner's Identification Card under this Section;
18            (x) (Blank);
19            (xi) He or she is not an alien who has been
20        admitted to the United States under a non-immigrant
21        visa (as that term is defined in Section 101(a)(26) of
22        the Immigration and Nationality Act (8 U.S.C.
23        1101(a)(26))), or that he or she is an alien who has
24        been lawfully admitted to the United States under a
25        non-immigrant visa if that alien is:
26                (1) admitted to the United States for lawful

 

 

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

 

 

SB1938- 6 -LRB102 15457 RLC 20820 b

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

 

 

SB1938- 7 -LRB102 15457 RLC 20820 b

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

 

 

SB1938- 8 -LRB102 15457 RLC 20820 b

1    (b) Each application form shall include the following
2statement printed in bold type: "Warning: Entering false
3information on an application for a Firearm Owner's
4Identification Card is punishable as a Class 2 felony in
5accordance with subsection (d-5) of Section 14 of the Firearm
6Owners Identification Card Act.".
7    (c) Upon such written consent, pursuant to Section 4,
8paragraph (a)(2)(i), the parent or legal guardian giving the
9consent shall be liable for any damages resulting from the
10applicant's use of firearms or firearm ammunition.
11(Source: P.A. 101-80, eff. 7-12-19.)
 
12    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
13    Sec. 8. Grounds for denial and revocation. The Department
14of State Police has authority to deny an application for or to
15revoke and seize a Firearm Owner's Identification Card
16previously issued under this Act only if the Department finds
17that the applicant or the person to whom such card was issued
18is or was at the time of issuance:
19        (a) A person under 21 years of age who has been
20    convicted of a misdemeanor other than a traffic offense or
21    adjudged delinquent;
22        (b) (Blank); This subsection (b) applies through the
23    180th day following the effective date of this amendatory
24    Act of the 101st General Assembly. A person under 21 years
25    of age who does not have the written consent of his parent

 

 

SB1938- 9 -LRB102 15457 RLC 20820 b

1    or guardian to acquire and possess firearms and firearm
2    ammunition, or whose parent or guardian has revoked such
3    written consent, or where such parent or guardian does not
4    qualify to have a Firearm Owner's Identification Card;
5        (b-5) This subsection (b-5) applies on and after the
6    181st day following the effective date of this amendatory
7    Act of the 101st General Assembly. A person under 18 21
8    years of age who is not an active duty member of the United
9    States Armed Forces and does not have the written consent
10    of his or her parent or guardian to acquire and possess
11    firearms and firearm ammunition, or whose parent or
12    guardian has revoked such written consent, or where such
13    parent or guardian does not qualify to have a Firearm
14    Owner's Identification Card;
15        (c) A person convicted of a felony under the laws of
16    this or any other jurisdiction;
17        (d) A person addicted to narcotics;
18        (e) A person who has been a patient of a mental health
19    facility within the past 5 years or a person who has been a
20    patient in a mental health facility more than 5 years ago
21    who has not received the certification required under
22    subsection (u) of this Section. An active law enforcement
23    officer employed by a unit of government who is denied,
24    revoked, or has his or her Firearm Owner's Identification
25    Card seized under this subsection (e) may obtain relief as
26    described in subsection (c-5) of Section 10 of this Act if

 

 

SB1938- 10 -LRB102 15457 RLC 20820 b

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

 

 

SB1938- 11 -LRB102 15457 RLC 20820 b

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

 

 

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

 

 

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

 

 

SB1938- 14 -LRB102 15457 RLC 20820 b

1    under Section 10 or 11 of this Act.
2    Upon revocation of a person's Firearm Owner's
3Identification Card, the Department of State Police shall
4provide notice to the person and the person shall comply with
5Section 9.5 of this Act.
6(Source: P.A. 101-80, eff. 7-12-19.)