Full Text of HB1146 103rd General Assembly
HB1146 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1146 Introduced 1/12/2023, by Rep. Charles Meier SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/4 | from Ch. 38, par. 83-4 | 430 ILCS 65/8 | from Ch. 38, par. 83-8 |
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Amends the Firearm Owners Identification Card Act. Lowers the age at which a person 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. Makes corresponding changes.
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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 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 | 8 | | Cards. | 9 | | (a) Each applicant for a Firearm Owner's Identification | 10 | | Card must:
| 11 | | (1) Submit an application as made available by the | 12 | | Illinois State Police; and
| 13 | | (2) Submit evidence to the Illinois State Police that:
| 14 | | (i) This subparagraph (i) applies through the | 15 | | 180th day following July 12, 2019 (the effective date | 16 | | of Public Act 101-80). He or she is 21 years of age or | 17 | | over, or if he or she is under 21
years of age that he | 18 | | or she has the written consent of his or her parent or
| 19 | | legal guardian to possess and acquire firearms and | 20 | | firearm ammunition and that
he or she has never been | 21 | | convicted of a misdemeanor other than a traffic
| 22 | | offense or adjudged
delinquent, provided, however, | 23 | | that such parent or legal guardian is not an
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| 1 | | individual prohibited from having a Firearm Owner's | 2 | | Identification Card and
files an affidavit with the | 3 | | Department as prescribed by the Department
stating | 4 | | that he or she is not an individual prohibited from | 5 | | having a Card; | 6 | | (i-5) This subparagraph (i-5) applies on and after | 7 | | the 181st day following July 12, 2019 (the effective | 8 | | date of Public Act 101-80). He or she is 18 21 years of | 9 | | age or over, or if he or she is under 18 21
years of | 10 | | age that he or she has never been convicted of a | 11 | | misdemeanor other than a traffic offense or adjudged | 12 | | delinquent and is an active duty member of the United | 13 | | States Armed Forces or has the written consent of his | 14 | | or her parent or
legal guardian to possess and acquire | 15 | | firearms and firearm ammunition, provided, however, | 16 | | that , if the applicant is under 18 years of age, the | 17 | | such parent or legal guardian is not an
individual | 18 | | prohibited from having a Firearm Owner's | 19 | | Identification Card and
files an affidavit with the | 20 | | Illinois State Police as prescribed by the Illinois | 21 | | State Police
stating that he or she is not an | 22 | | individual prohibited from having a Card or the active | 23 | | duty member of the United States Armed Forces under 18 | 24 | | 21 years of age annually submits proof to the Illinois | 25 | | State Police, in a manner prescribed by the Illinois | 26 | | State Police;
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| 1 | | (i-6) If he or she is under 21 years of age, that | 2 | | he or she has never been convicted of a misdemeanor | 3 | | other than a traffic offense or adjudged delinquent; | 4 | | (ii) He or she has not been convicted of a felony | 5 | | under the laws of
this or any other jurisdiction;
| 6 | | (iii) He or she is not addicted to narcotics;
| 7 | | (iv) He or she has not been a patient in a mental | 8 | | health facility within
the past 5 years or, if he or | 9 | | she has been a patient in a mental health facility more | 10 | | than 5 years ago submit the certification required | 11 | | under subsection (u) of Section 8 of this Act;
| 12 | | (v) He or she is not a person with an intellectual | 13 | | disability;
| 14 | | (vi) He or she is not a noncitizen who is | 15 | | unlawfully present in the
United States under the laws | 16 | | of the United States;
| 17 | | (vii) He or she is not subject to an existing order | 18 | | of protection
prohibiting him or her from possessing a | 19 | | firearm;
| 20 | | (viii) He or she has not been convicted within the | 21 | | past 5 years of
battery, assault, aggravated assault, | 22 | | violation of an order of
protection, or a | 23 | | substantially similar offense in another jurisdiction, | 24 | | in
which a firearm was used or possessed;
| 25 | | (ix) He or she has not been convicted of domestic | 26 | | battery, aggravated domestic battery, or a
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| 1 | | substantially similar offense in another
jurisdiction | 2 | | committed before, on or after January 1, 2012 (the | 3 | | effective date of Public Act 97-158). If the applicant | 4 | | knowingly and intelligently waives the right to have | 5 | | an offense described in this clause (ix) tried by a | 6 | | jury, and by guilty plea or otherwise, results in a | 7 | | conviction for an offense in which a domestic | 8 | | relationship is not a required element of the offense | 9 | | but in which a determination of the applicability of | 10 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | 11 | | the Code of Criminal Procedure of 1963, an entry by the | 12 | | court of a judgment of conviction for that offense | 13 | | shall be grounds for denying the issuance of a Firearm | 14 | | Owner's Identification Card under this Section;
| 15 | | (x) (Blank);
| 16 | | (xi) He or she is not a noncitizen who has been | 17 | | admitted to the United
States under a non-immigrant | 18 | | visa (as that term is defined in Section
101(a)(26) of | 19 | | the Immigration and Nationality Act (8 U.S.C. | 20 | | 1101(a)(26))),
or that he or she is a noncitizen who | 21 | | has been lawfully admitted to the United
States under | 22 | | a non-immigrant visa if that noncitizen is:
| 23 | | (1) admitted to the United States for lawful | 24 | | hunting or sporting
purposes;
| 25 | | (2) an official representative of a foreign | 26 | | government who is:
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| 1 | | (A) accredited to the United States | 2 | | Government or the Government's
mission to an | 3 | | international organization having its | 4 | | headquarters in the United
States; or
| 5 | | (B) en route to or from another country to | 6 | | which that noncitizen is
accredited;
| 7 | | (3) an official of a foreign government or | 8 | | distinguished foreign
visitor who has been so | 9 | | designated by the Department of State;
| 10 | | (4) a foreign law enforcement officer of a | 11 | | friendly foreign
government entering the United | 12 | | States on official business; or
| 13 | | (5) one who has received a waiver from the | 14 | | Attorney General of the
United States pursuant to | 15 | | 18 U.S.C. 922(y)(3);
| 16 | | (xii) He or she is not a minor subject to a | 17 | | petition filed
under Section 5-520 of the Juvenile | 18 | | Court Act of 1987 alleging that the
minor is a | 19 | | delinquent minor for the commission of an offense that | 20 | | if
committed by an adult would be a felony;
| 21 | | (xiii) He or she is not an adult who had been | 22 | | adjudicated a delinquent
minor under the Juvenile | 23 | | Court Act of 1987 for the commission of an offense
that | 24 | | if committed by an adult would be a felony;
| 25 | | (xiv) He or she is a resident of the State of | 26 | | Illinois; |
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| 1 | | (xv) He or she has not been adjudicated as a person | 2 | | with a mental disability; | 3 | | (xvi) He or she has not been involuntarily | 4 | | admitted into a mental health facility; and | 5 | | (xvii) He or she is not a person with a | 6 | | developmental disability; and | 7 | | (3) Upon request by the Illinois State Police, sign a | 8 | | release on a
form prescribed by the Illinois State Police | 9 | | waiving any right to
confidentiality and requesting the | 10 | | disclosure to the Illinois State Police
of limited mental | 11 | | health institution admission information from another | 12 | | state,
the District of Columbia, any other territory of | 13 | | the United States, or a
foreign nation concerning the | 14 | | applicant for the sole purpose of determining
whether the | 15 | | applicant is or was a patient in a mental health | 16 | | institution and
disqualified because of that status from | 17 | | receiving a Firearm Owner's
Identification Card. No mental | 18 | | health care or treatment records may be
requested. The | 19 | | information received shall be destroyed within one year of
| 20 | | receipt.
| 21 | | (a-5) Each applicant for a Firearm Owner's Identification | 22 | | Card who is over
the age of 18 shall furnish to the Illinois | 23 | | State Police either his or
her Illinois driver's license | 24 | | number or Illinois Identification Card number, except as
| 25 | | provided in subsection (a-10).
| 26 | | (a-10) Each applicant for a Firearm Owner's Identification |
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| 1 | | Card,
who is employed as a law enforcement officer, an armed | 2 | | security officer in Illinois, or by the United States Military
| 3 | | permanently assigned in Illinois and who is not an Illinois | 4 | | resident, shall furnish to
the Illinois State Police his or | 5 | | her driver's license number or state
identification card | 6 | | number from his or her state of residence. The Illinois State | 7 | | Police may adopt rules to enforce the provisions of this
| 8 | | subsection (a-10).
| 9 | | (a-15) If an applicant applying for a Firearm Owner's | 10 | | Identification Card moves from the residence address named in | 11 | | the application, he or she shall immediately notify in a form | 12 | | and manner prescribed by the Illinois State Police of that | 13 | | change of address. | 14 | | (a-20) Each applicant for a Firearm Owner's Identification | 15 | | Card shall furnish to the Illinois State Police his or her | 16 | | photograph. An applicant who is 18 21 years of age or older | 17 | | seeking a religious exemption to the photograph requirement | 18 | | must furnish with the application an approved copy of United | 19 | | States Department of the Treasury Internal Revenue Service | 20 | | Form 4029. In lieu of a photograph, an applicant regardless of | 21 | | age seeking a religious exemption to the photograph | 22 | | requirement shall submit fingerprints on a form and manner | 23 | | prescribed by the Illinois State Police with his or her | 24 | | application. | 25 | | (a-25) Beginning January 1, 2023, each applicant for the | 26 | | issuance of a Firearm Owner's Identification Card may include |
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| 1 | | a full set of his or her fingerprints in electronic format to | 2 | | the Illinois State Police, unless the applicant has previously | 3 | | provided a full set of his or her fingerprints to the Illinois | 4 | | State Police under this Act or the Firearm Concealed Carry | 5 | | Act. | 6 | | The fingerprints must be transmitted through a live scan | 7 | | fingerprint vendor licensed by the Department of Financial and | 8 | | Professional Regulation. The fingerprints shall be checked | 9 | | against the fingerprint records now and hereafter filed in the | 10 | | Illinois State Police and Federal Bureau of Investigation | 11 | | criminal history records databases, including all available | 12 | | State and local criminal history record information files. | 13 | | The Illinois State Police shall charge applicants a | 14 | | one-time fee for conducting the criminal history record check, | 15 | | which shall be deposited into the State Police Services Fund | 16 | | and shall not exceed the actual cost of the State and national | 17 | | criminal history record check. | 18 | | (a-26) The Illinois State Police shall research, explore, | 19 | | and report to the General Assembly by January 1, 2022 on the | 20 | | feasibility of permitting voluntarily submitted fingerprints | 21 | | obtained for purposes other than Firearm Owner's | 22 | | Identification Card enforcement that are contained in the | 23 | | Illinois State Police database for purposes of this Act. | 24 | | (b) Each application form shall include the following | 25 | | statement printed in
bold type: "Warning: Entering false | 26 | | information on an application for a Firearm
Owner's |
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| 1 | | Identification Card is punishable as a Class 2 felony in | 2 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 3 | | Owners Identification Card
Act.".
| 4 | | (c) Upon such written consent, pursuant to Section 4, | 5 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 6 | | consent shall be liable for any
damages resulting from the | 7 | | applicant's use of firearms or firearm ammunition.
| 8 | | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | 9 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. | 10 | | 5-27-22.)
| 11 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 12 | | Sec. 8. Grounds for denial and revocation. The Illinois | 13 | | State Police has authority to deny an
application for or to | 14 | | revoke and seize a Firearm Owner's Identification
Card | 15 | | previously issued under this Act only if the Illinois State | 16 | | Police finds that the
applicant or the person to whom such card | 17 | | was issued is or was at the time
of issuance:
| 18 | | (a) A person under 21 years of age who has been | 19 | | convicted of a
misdemeanor other than a traffic offense or | 20 | | adjudged delinquent;
| 21 | | (b) This subsection (b) applies through the 180th day | 22 | | following July 12, 2019 (the effective date of Public Act | 23 | | 101-80). A person under 21 years of age who does not have | 24 | | the written consent
of his parent or guardian to acquire | 25 | | and possess firearms and firearm
ammunition, or whose |
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| 1 | | parent or guardian has revoked such written consent,
or | 2 | | where such parent or guardian does not qualify to have a | 3 | | Firearm Owner's
Identification Card; | 4 | | (b-5) This subsection (b-5) applies on and after the | 5 | | 181st day following July 12, 2019 (the effective date of | 6 | | Public Act 101-80). A person under 18 21 years of age who | 7 | | is not an active duty member of the United States Armed | 8 | | Forces and does not have the written consent
of his or her | 9 | | parent or guardian to acquire and possess firearms and | 10 | | firearm
ammunition, or whose parent or guardian has | 11 | | revoked such written consent,
or where such parent or | 12 | | guardian does not qualify to have a Firearm Owner's
| 13 | | Identification Card;
| 14 | | (c) A person convicted of a felony under the laws of | 15 | | this or any other
jurisdiction;
| 16 | | (d) A person addicted to narcotics;
| 17 | | (e) A person who has been a patient of a mental health | 18 | | facility within the
past 5 years or a person who has been a | 19 | | patient in a mental health facility more than 5 years ago | 20 | | who has not received the certification required under | 21 | | subsection (u) of this Section. An active law enforcement | 22 | | officer employed by a unit of government or a Department | 23 | | of Corrections employee authorized to possess firearms who | 24 | | is denied, revoked, or has his or her Firearm Owner's | 25 | | Identification Card seized under this subsection (e) may | 26 | | obtain relief as described in subsection (c-5) of Section |
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| 1 | | 10 of this Act if the officer or employee did not act in a | 2 | | manner threatening to the officer or employee, another | 3 | | person, or the public as determined by the treating | 4 | | clinical psychologist or physician, and the officer or | 5 | | employee seeks mental health treatment;
| 6 | | (f) A person whose mental condition is of such a | 7 | | nature that it poses
a clear and present danger to the | 8 | | applicant, any other person or persons, or
the community;
| 9 | | (g) A person who has an intellectual disability;
| 10 | | (h) A person who intentionally makes a false statement | 11 | | in the Firearm
Owner's Identification Card application;
| 12 | | (i) A noncitizen who is unlawfully present in
the | 13 | | United States under the laws of the United States;
| 14 | | (i-5) A noncitizen who has been admitted to the United | 15 | | States under a
non-immigrant visa (as that term is defined | 16 | | in Section 101(a)(26) of the
Immigration and Nationality | 17 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 18 | | (i-5) does not apply to any noncitizen who has been | 19 | | lawfully admitted to
the United States under a | 20 | | non-immigrant visa if that noncitizen is:
| 21 | | (1) admitted to the United States for lawful | 22 | | hunting or sporting purposes;
| 23 | | (2) an official representative of a foreign | 24 | | government who is:
| 25 | | (A) accredited to the United States Government | 26 | | or the Government's
mission to an international |
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| 1 | | organization having its headquarters in the United
| 2 | | States; or
| 3 | | (B) en route to or from another country to | 4 | | which that noncitizen is
accredited;
| 5 | | (3) an official of a foreign government or | 6 | | distinguished foreign visitor
who has been so | 7 | | designated by the Department of State;
| 8 | | (4) a foreign law enforcement officer of a | 9 | | friendly foreign government
entering the United States | 10 | | on official business; or
| 11 | | (5) one who has received a waiver from the | 12 | | Attorney General of the United
States pursuant to 18 | 13 | | U.S.C. 922(y)(3);
| 14 | | (j) (Blank);
| 15 | | (k) A person who has been convicted within the past 5 | 16 | | years of battery,
assault, aggravated assault, violation | 17 | | of an order of protection, or a
substantially similar | 18 | | offense in another jurisdiction, in which a firearm was
| 19 | | used or possessed;
| 20 | | (l) A person who has been convicted of domestic | 21 | | battery, aggravated domestic battery, or a substantially
| 22 | | similar offense in another jurisdiction committed before, | 23 | | on or after January 1, 2012 (the effective date of Public | 24 | | Act 97-158). If the applicant or person who has been | 25 | | previously issued a Firearm Owner's Identification Card | 26 | | under this Act knowingly and intelligently waives the |
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| 1 | | right to have an offense described in this paragraph (l) | 2 | | tried by a jury, and by guilty plea or otherwise, results | 3 | | in a conviction for an offense in which a domestic | 4 | | relationship is not a required element of the offense but | 5 | | in which a determination of the applicability of 18 U.S.C. | 6 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 7 | | Criminal Procedure of 1963, an entry by the court of a | 8 | | judgment of conviction for that offense shall be grounds | 9 | | for denying an application for and for revoking and | 10 | | seizing a Firearm Owner's Identification Card previously | 11 | | issued to the person under this Act;
| 12 | | (m) (Blank);
| 13 | | (n) A person who is prohibited from acquiring or | 14 | | possessing
firearms or firearm ammunition by any Illinois | 15 | | State statute or by federal
law;
| 16 | | (o) A minor subject to a petition filed under Section | 17 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 18 | | minor is a delinquent minor for
the commission of an | 19 | | offense that if committed by an adult would be a felony;
| 20 | | (p) An adult who had been adjudicated a delinquent | 21 | | minor under the Juvenile
Court Act of 1987 for the | 22 | | commission of an offense that if committed by an
adult | 23 | | would be a felony;
| 24 | | (q) A person who is not a resident of the State of | 25 | | Illinois, except as provided in subsection (a-10) of | 26 | | Section 4; |
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| 1 | | (r) A person who has been adjudicated as a person with | 2 | | a mental disability; | 3 | | (s) A person who has been found to have a | 4 | | developmental disability; | 5 | | (t) A person involuntarily admitted into a mental | 6 | | health facility; or | 7 | | (u) A person who has had his or her Firearm Owner's | 8 | | Identification Card revoked or denied under subsection (e) | 9 | | of this Section or item (iv) of paragraph (2) of | 10 | | subsection (a) of Section 4 of this Act because he or she | 11 | | was a patient in a mental health facility as provided in | 12 | | subsection (e) of this Section, shall not be permitted to | 13 | | obtain a Firearm Owner's Identification Card, after the | 14 | | 5-year period has lapsed, unless he or she has received a | 15 | | mental health evaluation by a physician, clinical | 16 | | psychologist, or qualified examiner as those terms are | 17 | | defined in the Mental Health and Developmental | 18 | | Disabilities Code, and has received a certification that | 19 | | he or she is not a clear and present danger to himself, | 20 | | herself, or others. The physician, clinical psychologist, | 21 | | or qualified examiner making the certification and his or | 22 | | her employer shall not be held criminally, civilly, or | 23 | | professionally liable for making or not making the | 24 | | certification required under this subsection, except for | 25 | | willful or wanton misconduct. This subsection does not | 26 | | apply to a person whose firearm possession rights have |
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| 1 | | been restored through administrative or judicial action | 2 | | under Section 10 or 11 of this Act. | 3 | | Upon revocation of a person's Firearm Owner's | 4 | | Identification Card, the Illinois State Police shall provide | 5 | | notice to the person and the person shall comply with Section | 6 | | 9.5 of this Act. | 7 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | 8 | | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | 9 | | 5-27-22.)
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