Full Text of HB0745 100th General Assembly
HB0745ham001 100TH GENERAL ASSEMBLY | Rep. Martin J. Moylan Filed: 2/23/2017
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| 1 | | AMENDMENT TO HOUSE BILL 745
| 2 | | AMENDMENT NO. ______. Amend House Bill 745 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended 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 | 8 | | Identification 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 | | 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 substantially | 5 | | similar offense in another jurisdiction, in
which a | 6 | | 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 an | 13 | | offense described in this clause (ix) tried by a jury, | 14 | | 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 the | 19 | | 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 admitted | 12 | | 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 Police
| 19 | | of limited mental health institution admission information | 20 | | from another state,
the District of Columbia, any other | 21 | | territory of the United States, or a
foreign nation | 22 | | 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 | 4 | | Card who is over
the age of 18 shall furnish to the Department | 5 | | of State Police either his or
her Illinois driver's license | 6 | | number or Illinois Identification Card number, except as
| 7 | | provided in subsection (a-10).
| 8 | | (a-10) Each applicant for a Firearm Owner's Identification | 9 | | Card,
who is employed as a law enforcement officer, an armed | 10 | | security officer in Illinois, or by the United States Military
| 11 | | permanently assigned in Illinois and who is not an Illinois | 12 | | resident, shall furnish to
the Department of State Police his | 13 | | or her driver's license number or state
identification card | 14 | | number from his or her state of residence. The Department
of | 15 | | State Police may adopt rules to enforce the provisions of this
| 16 | | subsection (a-10).
| 17 | | (a-15) If an applicant applying for a Firearm Owner's | 18 | | Identification Card moves from the residence address named in | 19 | | the application, he or she shall immediately notify in a form | 20 | | and manner prescribed by the Department of State Police of that | 21 | | change of address. | 22 | | (a-20) Each applicant for a Firearm Owner's Identification | 23 | | Card shall furnish to the Department of State Police his or her | 24 | | photograph. An applicant who is 21 years of age or older | 25 | | seeking a religious exemption to the photograph requirement | 26 | | must furnish with the application an approved copy of United |
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| 1 | | States Department of the Treasury Internal Revenue Service Form | 2 | | 4029. In lieu of a photograph, an applicant regardless of age | 3 | | seeking a religious exemption to the photograph requirement | 4 | | shall submit fingerprints on a form and manner prescribed by | 5 | | the Department with his or her application. | 6 | | (a-25) Beginning 180 days after the effective date of this | 7 | | amendatory Act of the 100th General Assembly, each applicant | 8 | | for the issuance or renewal of a Firearm Owner's Identification | 9 | | Card shall include a full set of his or her fingerprints in | 10 | | electronic format to the Department of State Police for the | 11 | | purpose of identity verification, unless the applicant has | 12 | | previously provided a full set of his or her fingerprints to | 13 | | the Department under this Act or the Firearm Concealed Carry | 14 | | Act. | 15 | | (1) The fingerprints must be transmitted through a | 16 | | live scan fingerprint vendor licensed by the | 17 | | Department of Financial and Professional Regulation or | 18 | | a criminal justice agency authorized by the Department | 19 | | to submit fingerprints under this Act or the Firearm | 20 | | Concealed Carry Act. These fingerprints shall be | 21 | | checked against the fingerprint records now and | 22 | | hereafter filed in the Department and Federal Bureau of | 23 | | Investigation criminal history records databases, | 24 | | including all available state and local criminal | 25 | | history record information files, including records of | 26 | | juvenile adjudications. |
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| 1 | | (2) The Department shall charge applicants a fee | 2 | | for conducting the criminal history record check, | 3 | | which shall be deposited in the State Police Services | 4 | | Fund and shall not exceed the actual cost of the State | 5 | | and national criminal history record check. | 6 | | (b) Each application form shall include the following | 7 | | statement printed in
bold type: "Warning: Entering false | 8 | | information on an application for a Firearm
Owner's | 9 | | Identification Card is punishable as a Class 2 felony in | 10 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 11 | | Owners Identification Card
Act.".
| 12 | | (c) Upon such written consent, pursuant to Section 4, | 13 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 14 | | consent shall be liable for any
damages resulting from the | 15 | | applicant's use of firearms or firearm ammunition.
| 16 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| 17 | | Section 10. The Firearm Concealed Carry Act is amended by | 18 | | changing Sections 30 and 50 as follows: | 19 | | (430 ILCS 66/30)
| 20 | | Sec. 30. Contents of license application. | 21 | | (a) The license application shall be in writing, under | 22 | | penalty of perjury, on a standard form adopted by the | 23 | | Department and shall be accompanied by the documentation | 24 | | required in this Section and the applicable fee. Each |
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| 1 | | application form shall include the following statement printed | 2 | | in bold type: "Warning: Entering false information on this form | 3 | | is punishable as perjury under Section 32-2 of the Criminal | 4 | | Code of 2012." | 5 | | (b) The application shall contain the following: | 6 | | (1) the applicant's name, current address, date and | 7 | | year of birth, place of birth, height, weight, hair color, | 8 | | eye color, maiden name or any other name the applicant has | 9 | | used or identified with, and any address where the | 10 | | applicant resided for more than 30 days within the 10 years | 11 | | preceding the date of the license application; | 12 | | (2) the applicant's valid driver's license number or | 13 | | valid state identification card number; | 14 | | (3) a waiver of the applicant's privacy and | 15 | | confidentiality rights and privileges under all federal | 16 | | and state laws, including those limiting access to juvenile | 17 | | court, criminal justice, psychological, or psychiatric | 18 | | records or records relating to any institutionalization of | 19 | | the applicant, and an affirmative request that a person | 20 | | having custody of any of these records provide it or | 21 | | information concerning it to the Department. The waiver | 22 | | only applies to records sought in connection with | 23 | | determining whether the applicant qualifies for a license | 24 | | to carry a concealed firearm under this Act, or whether the | 25 | | applicant remains in compliance with the Firearm Owners | 26 | | Identification Card Act; |
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| 1 | | (4) an affirmation that the applicant possesses a | 2 | | currently valid Firearm Owner's Identification Card and | 3 | | card number if possessed or notice the applicant is | 4 | | applying for a Firearm Owner's Identification Card in | 5 | | conjunction with the license application; | 6 | | (5) an affirmation that the applicant has not been | 7 | | convicted or found guilty of: | 8 | | (A) a felony; | 9 | | (B) a misdemeanor involving the use or threat of | 10 | | physical force or violence to any person within the 5 | 11 | | years preceding the date of the application; or | 12 | | (C) 2 or more violations related to driving while | 13 | | under the influence of alcohol, other drug or drugs, | 14 | | intoxicating compound or compounds, or any combination | 15 | | thereof, within the 5 years preceding the date of the | 16 | | license application; and | 17 | | (6) whether the applicant has failed a drug test for a | 18 | | drug for which the applicant did not have a prescription, | 19 | | within the previous year, and if so, the provider of the | 20 | | test, the specific substance involved, and the date of the | 21 | | test; | 22 | | (7) written consent for the Department to review and | 23 | | use the applicant's Illinois digital driver's license or | 24 | | Illinois identification card photograph and signature; | 25 | | (8) a full set of fingerprints submitted to the | 26 | | Department in electronic format for the purpose of |
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| 1 | | verification of identity in a form and manner prescribed by | 2 | | the Department, unless the applicant has previously | 3 | | provided a full set of his or her fingerprints to the | 4 | | Department under the Firearm Owners Identification Card | 5 | | Act; , provided the Department may accept an application | 6 | | submitted without a set of fingerprints in which case the | 7 | | Department shall be granted 30 days in addition to the 90 | 8 | | days provided under subsection (e) of Section 10 of this | 9 | | Act to issue or deny a license; | 10 | | (9) a head and shoulder color photograph in a size | 11 | | specified by the Department taken within the 30 days | 12 | | preceding the date of the license application; and | 13 | | (10) a photocopy of any certificates or other evidence | 14 | | of compliance with the training requirements under this | 15 | | Act.
| 16 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | 17 | | (430 ILCS 66/50)
| 18 | | Sec. 50. License renewal. Applications for renewal of a | 19 | | license shall be made to the Department. A license shall be | 20 | | renewed for a period of 5 years upon receipt of a completed | 21 | | renewal application, completion of 3 hours of training required | 22 | | under Section 75 of this Act, payment of the applicable renewal | 23 | | fee, and completion of an investigation under Section 35 of | 24 | | this Act. The renewal application shall contain the information | 25 | | required in Section 30 of this Act, except that the applicant |
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| 1 | | need not resubmit a full set of fingerprints if the applicant | 2 | | has previously provided a full set of his or her fingerprints | 3 | | to the Department under this Act or the Firearm Owners | 4 | | Identification Card Act .
| 5 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)".
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