Full Text of HB0888 101st General Assembly
HB0888 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0888 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 |
430 ILCS 65/4 | from Ch. 38, par. 83-4 |
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Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall conduct a search of the purchasers' social media accounts available to the public to determine if there is any information that would disqualify the person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. Provides that each applicant for a Firearm Owner's Identification Card shall furnish to the Department of State Police a list of every social media account.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 3.1 and 4 as follows:
| 6 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 7 | | Sec. 3.1. Dial up system. | 8 | | (a) The Department of State Police shall provide
a dial up | 9 | | telephone system or utilize other existing technology which | 10 | | shall be used by any federally licensed
firearm dealer, gun | 11 | | show promoter, or gun show vendor who is to transfer a firearm, | 12 | | stun gun, or taser under the provisions of this
Act. The | 13 | | Department of State Police may utilize existing technology | 14 | | which
allows the caller to be charged a fee not to exceed $2. | 15 | | Fees collected by the Department of
State Police shall be | 16 | | deposited in the State Police Services Fund and used
to provide | 17 | | the service.
| 18 | | (b) Upon receiving a request from a federally licensed | 19 | | firearm dealer, gun show promoter, or gun show vendor, the
| 20 | | Department of State Police shall immediately approve, or within | 21 | | the time
period established by Section 24-3 of the Criminal | 22 | | Code of 2012 regarding
the delivery of firearms, stun guns, and | 23 | | tasers notify the inquiring dealer, gun show promoter, or gun |
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| 1 | | show vendor of any objection that
would disqualify the | 2 | | transferee from acquiring or possessing a firearm, stun gun, or | 3 | | taser. In
conducting the inquiry, the Department of State | 4 | | Police shall initiate and
complete an automated search of its | 5 | | criminal history record information
files and those of the | 6 | | Federal Bureau of Investigation, including the
National | 7 | | Instant Criminal Background Check System, and of the files of
| 8 | | the Department of Human Services relating to mental health and
| 9 | | developmental disabilities to obtain
any felony conviction or | 10 | | patient hospitalization information which would
disqualify a | 11 | | person from obtaining or require revocation of a currently
| 12 | | valid Firearm Owner's Identification Card. The Department of | 13 | | State Police shall conduct a search of the purchasers' social | 14 | | media accounts available to the public to determine if there is | 15 | | any information that would disqualify the person from obtaining | 16 | | or require revocation of a currently valid Firearm Owner's | 17 | | Identification Card. | 18 | | (c) If receipt of a firearm would not violate Section 24-3 | 19 | | of the Criminal Code of 2012, federal law, or this Act the | 20 | | Department of State Police shall: | 21 | | (1) assign a unique identification number to the | 22 | | transfer; and | 23 | | (2) provide the licensee, gun show promoter, or gun | 24 | | show vendor with the number. | 25 | | (d) Approvals issued by the Department of State Police for | 26 | | the purchase of a firearm are valid for 30 days from the date |
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| 1 | | of issue.
| 2 | | (e) (1) The Department of State Police must act as the | 3 | | Illinois Point of Contact
for the National Instant Criminal | 4 | | Background Check System. | 5 | | (2) The Department of State Police and the Department of | 6 | | Human Services shall, in accordance with State and federal law | 7 | | regarding confidentiality, enter into a memorandum of | 8 | | understanding with the Federal Bureau of Investigation for the | 9 | | purpose of implementing the National Instant Criminal | 10 | | Background Check System in the State. The Department of State | 11 | | Police shall report the name, date of birth, and physical | 12 | | description of any person prohibited from possessing a firearm | 13 | | pursuant to the Firearm Owners Identification Card Act or 18 | 14 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 15 | | Background Check System Index, Denied Persons Files.
| 16 | | (3) The Department of State Police shall provide notice of | 17 | | the disqualification of a person under subsection (b) of this | 18 | | Section or the revocation of a person's Firearm Owner's | 19 | | Identification Card under Section 8 or Section 8.2 of this Act, | 20 | | and the reason for the disqualification or revocation, to all | 21 | | law enforcement agencies with jurisdiction to assist with the | 22 | | seizure of the person's Firearm Owner's Identification Card. | 23 | | (f) The Department of State Police shall adopt rules not | 24 | | inconsistent with this Section to implement this
system.
| 25 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
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| 1 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 2 | | Sec. 4. Application for Firearm Owner's Identification | 3 | | Card. | 4 | | (a) Each applicant for a Firearm Owner's Identification | 5 | | Card must:
| 6 | | (1) Make application on blank forms prepared and | 7 | | furnished at convenient
locations throughout the State by | 8 | | the Department of State Police, or by
electronic means, if | 9 | | and when made available by the Department of State
Police; | 10 | | and
| 11 | | (2) Submit evidence to the Department of State Police | 12 | | that:
| 13 | | (i) He or she is 21 years of age or over, or if he | 14 | | or she is under 21
years of age that he or she has the | 15 | | written consent of his or her parent or
legal guardian | 16 | | to possess and acquire firearms and firearm ammunition | 17 | | and that
he or she has never been convicted of a | 18 | | misdemeanor other than a traffic
offense or adjudged
| 19 | | delinquent, provided, however, that such parent or | 20 | | legal guardian is not an
individual prohibited from | 21 | | having a Firearm Owner's Identification Card and
files | 22 | | an affidavit with the Department as prescribed by the | 23 | | Department
stating that he or she is not an individual | 24 | | prohibited from having a Card;
| 25 | | (ii) He or she has not been convicted of a felony | 26 | | under the laws of
this or any other jurisdiction;
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| 1 | | (iii) He or she is not addicted to narcotics;
| 2 | | (iv) He or she has not been a patient in a mental | 3 | | health facility within
the past 5 years or, if he or | 4 | | she has been a patient in a mental health facility more | 5 | | than 5 years ago submit the certification required | 6 | | under subsection (u) of Section 8 of this Act;
| 7 | | (v) He or she is not a person with an intellectual | 8 | | disability;
| 9 | | (vi) He or she is not an alien who is unlawfully | 10 | | present in the
United States under the laws of the | 11 | | United States;
| 12 | | (vii) He or she is not subject to an existing order | 13 | | of protection
prohibiting him or her from possessing a | 14 | | firearm;
| 15 | | (viii) He or she has not been convicted within the | 16 | | past 5 years of
battery, assault, aggravated assault, | 17 | | violation of an order of
protection, or a substantially | 18 | | similar offense in another jurisdiction, in
which a | 19 | | firearm was used or possessed;
| 20 | | (ix) He or she has not been convicted of domestic | 21 | | battery, aggravated domestic battery, or a
| 22 | | substantially similar offense in another
jurisdiction | 23 | | committed before, on or after January 1, 2012 (the | 24 | | effective date of Public Act 97-158). If the applicant | 25 | | knowingly and intelligently waives the right to have an | 26 | | offense described in this clause (ix) tried by a jury, |
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| 1 | | and by guilty plea or otherwise, results in a | 2 | | conviction for an offense in which a domestic | 3 | | relationship is not a required element of the offense | 4 | | but in which a determination of the applicability of 18 | 5 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 6 | | Code of Criminal Procedure of 1963, an entry by the | 7 | | court of a judgment of conviction for that offense | 8 | | shall be grounds for denying the issuance of a Firearm | 9 | | Owner's Identification Card under this Section;
| 10 | | (x) (Blank);
| 11 | | (xi) He or she is not an alien who has been | 12 | | admitted to the United
States under a non-immigrant | 13 | | visa (as that term is defined in Section
101(a)(26) of | 14 | | the Immigration and Nationality Act (8 U.S.C. | 15 | | 1101(a)(26))),
or that he or she is an alien who has | 16 | | been lawfully admitted to the United
States under a | 17 | | non-immigrant visa if that alien is:
| 18 | | (1) admitted to the United States for lawful | 19 | | hunting or sporting
purposes;
| 20 | | (2) an official representative of a foreign | 21 | | government who is:
| 22 | | (A) accredited to the United States | 23 | | Government or the Government's
mission to an | 24 | | international organization having its | 25 | | headquarters in the United
States; or
| 26 | | (B) en route to or from another country to |
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| 1 | | which that alien is
accredited;
| 2 | | (3) an official of a foreign government or | 3 | | distinguished foreign
visitor who has been so | 4 | | designated by the Department of State;
| 5 | | (4) a foreign law enforcement officer of a | 6 | | friendly foreign
government entering the United | 7 | | States on official business; or
| 8 | | (5) one who has received a waiver from the | 9 | | Attorney General of the
United States pursuant to | 10 | | 18 U.S.C. 922(y)(3);
| 11 | | (xii) He or she is not a minor subject to a | 12 | | petition filed
under Section 5-520 of the Juvenile | 13 | | Court Act of 1987 alleging that the
minor is a | 14 | | delinquent minor for the commission of an offense that | 15 | | if
committed by an adult would be a felony;
| 16 | | (xiii) He or she is not an adult who had been | 17 | | adjudicated a delinquent
minor under the Juvenile | 18 | | Court Act of 1987 for the commission of an offense
that | 19 | | if committed by an adult would be a felony;
| 20 | | (xiv) He or she is a resident of the State of | 21 | | Illinois; | 22 | | (xv) He or she has not been adjudicated as a person | 23 | | with a mental disability; | 24 | | (xvi) He or she has not been involuntarily admitted | 25 | | into a mental health facility; and | 26 | | (xvii) He or she is not a person with a |
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| 1 | | developmental disability; and
| 2 | | (3) Upon request by the Department of State Police, | 3 | | sign a release on a
form prescribed by the Department of | 4 | | State Police waiving any right to
confidentiality and | 5 | | requesting the disclosure to the Department of State Police
| 6 | | of limited mental health institution admission information | 7 | | from another state,
the District of Columbia, any other | 8 | | territory of the United States, or a
foreign nation | 9 | | concerning the applicant for the sole purpose of | 10 | | determining
whether the applicant is or was a patient in a | 11 | | mental health institution and
disqualified because of that | 12 | | status from receiving a Firearm Owner's
Identification | 13 | | Card. No mental health care or treatment records may be
| 14 | | requested. The information received shall be destroyed | 15 | | within one year of
receipt.
| 16 | | (a-5) Each applicant for a Firearm Owner's Identification | 17 | | Card who is over
the age of 18 shall furnish to the Department | 18 | | of State Police either his or
her Illinois driver's license | 19 | | number or Illinois Identification Card number, except as
| 20 | | provided in subsection (a-10).
| 21 | | (a-10) Each applicant for a Firearm Owner's Identification | 22 | | Card,
who is employed as a law enforcement officer, an armed | 23 | | security officer in Illinois, or by the United States Military
| 24 | | permanently assigned in Illinois and who is not an Illinois | 25 | | resident, shall furnish to
the Department of State Police his | 26 | | or her driver's license number or state
identification card |
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| 1 | | number from his or her state of residence. The Department
of | 2 | | State Police may adopt rules to enforce the provisions of this
| 3 | | subsection (a-10).
| 4 | | (a-15) If an applicant applying for a Firearm Owner's | 5 | | Identification Card moves from the residence address named in | 6 | | the application, he or she shall immediately notify in a form | 7 | | and manner prescribed by the Department of State Police of that | 8 | | change of address. | 9 | | (a-20) Each applicant for a Firearm Owner's Identification | 10 | | Card shall furnish to the Department of State Police his or her | 11 | | photograph. An applicant who is 21 years of age or older | 12 | | seeking a religious exemption to the photograph requirement | 13 | | must furnish with the application an approved copy of United | 14 | | States Department of the Treasury Internal Revenue Service Form | 15 | | 4029. In lieu of a photograph, an applicant regardless of age | 16 | | seeking a religious exemption to the photograph requirement | 17 | | shall submit fingerprints on a form and manner prescribed by | 18 | | the Department with his or her application. | 19 | | (a-25) Each applicant for a Firearm Owner's Identification | 20 | | Card shall furnish to the Department of State Police a list of | 21 | | every social media account. | 22 | | (b) Each application form shall include the following | 23 | | statement printed in
bold type: "Warning: Entering false | 24 | | information on an application for a Firearm
Owner's | 25 | | Identification Card is punishable as a Class 2 felony in | 26 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
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| 1 | | Owners Identification Card
Act.".
| 2 | | (c) Upon such written consent, pursuant to Section 4, | 3 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 4 | | consent shall be liable for any
damages resulting from the | 5 | | applicant's use of firearms or firearm ammunition.
| 6 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
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