Illinois General Assembly - Full Text of HB1157
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Full Text of HB1157  98th General Assembly


Rep. Sara Feigenholtz

Filed: 3/12/2013





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2    AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by
3inserting the following in its proper numeric sequence:
4    "Section 201. The Firearm Owners Identification Card Act is
5amended by changing Section 4 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). If the applicant
9        knowingly and intelligently waives the right to have an
10        offense described in this clause (ix) tried by a jury,
11        and by guilty plea or otherwise, results in a
12        conviction for an offense in which a domestic
13        relationship is not a required element of the offense
14        but in which a determination of the applicability of 18
15        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
16        Code of Criminal Procedure of 1963, an entry by the
17        court of a judgment of conviction for that offense
18        shall be grounds for denying the issuance of a Firearm
19        Owner's Identification Card under this Section;
20            (x) (Blank);
21            (xi) He or she is not an alien who has been
22        admitted to the United States under a non-immigrant
23        visa (as that term is defined in Section 101(a)(26) of
24        the Immigration and Nationality Act (8 U.S.C.
25        1101(a)(26))), or that he or she is an alien who has
26        been lawfully admitted to the United States under a



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



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1        adjudicated a delinquent minor under the Juvenile
2        Court Act of 1987 for the commission of an offense that
3        if committed by an adult would be a felony; and
4            (xiv) He or she is a resident of the State of
5        Illinois; and
6        (3) Upon request by the Department of State Police,
7    sign a release on a form prescribed by the Department of
8    State Police waiving any right to confidentiality and
9    requesting the disclosure to the Department of State Police
10    of limited mental health institution admission information
11    from another state, the District of Columbia, any other
12    territory of the United States, or a foreign nation
13    concerning the applicant for the sole purpose of
14    determining whether the applicant is or was a patient in a
15    mental health institution and disqualified because of that
16    status from receiving a Firearm Owner's Identification
17    Card. No mental health care or treatment records may be
18    requested. The information received shall be destroyed
19    within one year of receipt.
20    (a-5) Each applicant for a Firearm Owner's Identification
21Card who is over the age of 18 shall furnish to the Department
22of State Police either his or her Illinois driver's license
23number or Illinois Identification Card number, except as
24provided in subsection (a-10).
25    (a-10) Each applicant for a Firearm Owner's Identification
26Card, who is employed as a law enforcement officer, an armed



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1security officer in Illinois, or by the United States Military
2permanently assigned in Illinois and who is not an Illinois
3resident, shall furnish to the Department of State Police his
4or her driver's license number or state identification card
5number from his or her state of residence. The Department of
6State Police may promulgate rules to enforce the provisions of
7this subsection (a-10).
8    (a-15) If an applicant applying for a Firearm Owner's
9Identification Card moves from the residence address named in
10the application, he or she shall immediately notify in a form
11and manner prescribed by the Department of State Police of that
12change of address.
13    (a-20) Each applicant for a Firearm Owner's Identification
14Card shall furnish to the Department of State Police his or her
15photograph. An applicant who is 21 years of age or older
16seeking a religious exemption to the photograph requirement
17must furnish with the application an approved copy of United
18States Department of the Treasury Internal Revenue Service Form
194029. In lieu of a photograph, an applicant regardless of age
20seeking a religious exemption to the photograph requirement
21shall submit fingerprints on a form and manner prescribed by
22the Department with his or her application.
23    (a-25) Each applicant for a Firearm Owner's Identification
24Card shall disclose to the Department of State Police the name
25of any person with whom he or she resides or shares a
26residential abode that the applicant knows or reasonably should



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2        (1) has been a patient in a mental institution within
3    the past 5 years;
4        (2) has been adjudicated as a mental defective;
5        (3) is a convicted felon;
6        (4) has been convicted of domestic battery, aggravated
7    domestic battery, or a substantially similar offense; or
8        (5) is prohibited under this Act from obtaining a
9    Firearm Owner's Identification Card or is otherwise
10    prohibited from possessing a firearm.
11    (b) Each application form shall include the following
12statement printed in bold type: "Warning: Entering false
13information on an application for a Firearm Owner's
14Identification Card is punishable as a Class 2 felony in
15accordance with subsection (d-5) of Section 14 of the Firearm
16Owners Identification Card Act.".
17    (c) Upon such written consent, pursuant to Section 4,
18paragraph (a)(2)(i), the parent or legal guardian giving the
19consent shall be liable for any damages resulting from the
20applicant's use of firearms or firearm ammunition.
21(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
22eff. 7-13-12; 97-1131, eff. 1-1-13.)".