Full Text of SB1286 98th General Assembly
SB1286 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1286 Introduced 2/5/2013, by Sen. Gary Forby 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. Changes, from 21 years of
age or over to 18 years of age or over, the age at which a person may apply
for and be issued a Firearm Owner's Identification Card without the consent of
a parent or legal guardian. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB1286 | | LRB098 05504 RLC 35539 b |
|
| 1 | | AN ACT concerning firearms.
| 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. (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 18 21 years of age or over, or if | 17 | | he or she is under 18 21
years of age that he or she has | 18 | | the written consent of his or her parent or
legal | 19 | | guardian to possess and acquire firearms and firearm | 20 | | ammunition and that , if he or she is under 21 years of | 21 | | age,
he or she has never been convicted of a | 22 | | misdemeanor other than a traffic
offense or adjudged
| 23 | | delinquent, provided, however, that such parent or |
| | | SB1286 | - 2 - | LRB098 05504 RLC 35539 b |
|
| 1 | | legal guardian of an applicant under 18 years of age is | 2 | | not an
individual prohibited from having a Firearm | 3 | | Owner's Identification Card and
files an affidavit | 4 | | with the Department as prescribed by the Department
| 5 | | stating that he or she is not an individual prohibited | 6 | | from having a Card;
| 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 | | institution within
the past 5 years and he or she has | 12 | | not been adjudicated as a mental defective;
| 13 | | (v) He or she is not intellectually disabled;
| 14 | | (vi) He or she is not an alien who is unlawfully | 15 | | present in the
United States under the laws of the | 16 | | 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 substantially | 23 | | similar offense in another jurisdiction, in
which a | 24 | | firearm was used or possessed;
| 25 | | (ix) He or she has not been convicted of domestic | 26 | | battery, aggravated domestic battery, or a
|
| | | SB1286 | - 3 - | LRB098 05504 RLC 35539 b |
|
| 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 an | 5 | | offense described in this clause (ix) tried by a jury, | 6 | | 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 18 | 10 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 11 | | 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 an alien 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 an alien who has | 21 | | been lawfully admitted to the United
States under a | 22 | | non-immigrant visa if that alien 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:
|
| | | SB1286 | - 4 - | LRB098 05504 RLC 35539 b |
|
| 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 alien 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; and
| 25 | | (xiv) He or she is a resident of the State of | 26 | | Illinois; and
|
| | | SB1286 | - 5 - | LRB098 05504 RLC 35539 b |
|
| 1 | | (3) Upon request by the Department of State Police, | 2 | | sign a release on a
form prescribed by the Department of | 3 | | State Police waiving any right to
confidentiality and | 4 | | requesting the disclosure to the Department of State Police
| 5 | | of limited mental health institution admission information | 6 | | from another state,
the District of Columbia, any other | 7 | | territory of the United States, or a
foreign nation | 8 | | concerning the applicant for the sole purpose of | 9 | | determining
whether the applicant is or was a patient in a | 10 | | mental health institution and
disqualified because of that | 11 | | status from receiving a Firearm Owner's
Identification | 12 | | Card. No mental health care or treatment records may be
| 13 | | requested. The information received shall be destroyed | 14 | | within one year of
receipt.
| 15 | | (a-5) Each applicant for a Firearm Owner's Identification | 16 | | Card who is over
the age of 18 shall furnish to the Department | 17 | | of State Police either his or
her Illinois driver's license | 18 | | number or Illinois Identification Card number, except as
| 19 | | provided in subsection (a-10).
| 20 | | (a-10) Each applicant for a Firearm Owner's Identification | 21 | | Card,
who is employed as a law enforcement officer, an armed | 22 | | security officer in Illinois, or by the United States Military
| 23 | | permanently assigned in Illinois and who is not an Illinois | 24 | | resident, shall furnish to
the Department of State Police his | 25 | | or her driver's license number or state
identification card | 26 | | number from his or her state of residence. The Department
of |
| | | SB1286 | - 6 - | LRB098 05504 RLC 35539 b |
|
| 1 | | State Police may promulgate rules to enforce the provisions of | 2 | | this
subsection (a-10).
| 3 | | (a-15) If an applicant applying for a Firearm Owner's | 4 | | Identification Card moves from the residence address named in | 5 | | the application, he or she shall immediately notify in a form | 6 | | and manner prescribed by the Department of State Police of that | 7 | | change of address. | 8 | | (a-20) Each applicant for a Firearm Owner's Identification | 9 | | Card shall furnish to the Department of State Police his or her | 10 | | photograph. An applicant who is 21 years of age or older | 11 | | seeking a religious exemption to the photograph requirement | 12 | | must furnish with the application an approved copy of United | 13 | | States Department of the Treasury Internal Revenue Service Form | 14 | | 4029. In lieu of a photograph, an applicant regardless of age | 15 | | seeking a religious exemption to the photograph requirement | 16 | | shall submit fingerprints on a form and manner prescribed by | 17 | | the Department with his or her application. | 18 | | (b) Each application form shall include the following | 19 | | statement printed in
bold type: "Warning: Entering false | 20 | | information on an application for a Firearm
Owner's | 21 | | Identification Card is punishable as a Class 2 felony in | 22 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 23 | | Owners Identification Card
Act.".
| 24 | | (c) Upon such written consent, pursuant to Section 4, | 25 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 26 | | consent shall be liable for any
damages resulting from the |
| | | SB1286 | - 7 - | LRB098 05504 RLC 35539 b |
|
| 1 | | applicant's use of firearms or firearm ammunition.
| 2 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 3 | | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 4 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 5 | | Sec. 8. The Department of State Police has authority to | 6 | | deny an
application for or to revoke and seize a Firearm | 7 | | Owner's Identification
Card previously issued under this Act | 8 | | only if the Department finds that the
applicant or the person | 9 | | to whom such card was issued is or was at the time
of issuance:
| 10 | | (a) A person under 21 years of age who has been convicted | 11 | | of a
misdemeanor other than a traffic offense or adjudged | 12 | | delinquent;
| 13 | | (b) A person under 18 21 years of age who does not have the | 14 | | written consent
of his parent or guardian to acquire and | 15 | | possess firearms and firearm
ammunition, or whose parent or | 16 | | guardian has revoked such written consent,
or where such parent | 17 | | or guardian does not qualify to have a Firearm Owner's
| 18 | | Identification Card;
| 19 | | (c) A person convicted of a felony under the laws of this | 20 | | or any other
jurisdiction;
| 21 | | (d) A person addicted to narcotics;
| 22 | | (e) A person who has been a patient of a mental institution | 23 | | within the
past 5 years or has been adjudicated as a mental | 24 | | defective;
| 25 | | (f) A person whose mental condition is of such a nature |
| | | SB1286 | - 8 - | LRB098 05504 RLC 35539 b |
|
| 1 | | that it poses
a clear and present danger to the applicant, any | 2 | | other person or persons or
the community;
| 3 | | For the purposes of this Section, "mental condition" means | 4 | | a state of
mind manifested by violent, suicidal, threatening or | 5 | | assaultive behavior.
| 6 | | (g) A person who is intellectually disabled;
| 7 | | (h) A person who intentionally makes a false statement in | 8 | | the Firearm
Owner's Identification Card application;
| 9 | | (i) An alien who is unlawfully present in
the United States | 10 | | under the laws of the United States;
| 11 | | (i-5) An alien who has been admitted to the United States | 12 | | under a
non-immigrant visa (as that term is defined in Section | 13 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 14 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 15 | | to any alien who has been lawfully admitted to
the United | 16 | | States under a non-immigrant visa if that alien is:
| 17 | | (1) admitted to the United States for lawful hunting or | 18 | | sporting purposes;
| 19 | | (2) an official representative of a foreign government | 20 | | who is:
| 21 | | (A) accredited to the United States Government or | 22 | | the Government's
mission to an international | 23 | | organization having its headquarters in the United
| 24 | | States; or
| 25 | | (B) en route to or from another country to which | 26 | | that alien is
accredited;
|
| | | SB1286 | - 9 - | LRB098 05504 RLC 35539 b |
|
| 1 | | (3) an official of a foreign government or | 2 | | distinguished foreign visitor
who has been so designated by | 3 | | the Department of State;
| 4 | | (4) a foreign law enforcement officer of a friendly | 5 | | foreign government
entering the United States on official | 6 | | business; or
| 7 | | (5) one who has received a waiver from the Attorney | 8 | | General of the United
States pursuant to 18 U.S.C. | 9 | | 922(y)(3);
| 10 | | (j) (Blank);
| 11 | | (k) A person who has been convicted within the past 5 years | 12 | | of battery,
assault, aggravated assault, violation of an order | 13 | | of protection, or a
substantially similar offense in another | 14 | | jurisdiction, in which a firearm was
used or possessed;
| 15 | | (l) A person who has been convicted of domestic battery, | 16 | | aggravated domestic battery, or a substantially
similar | 17 | | offense in another jurisdiction committed before, on or after | 18 | | January 1, 2012 (the effective date of Public Act 97-158). If | 19 | | the applicant or person who has been previously issued a | 20 | | Firearm Owner's Identification Card under this Act knowingly | 21 | | and intelligently waives the right to have an offense described | 22 | | in this paragraph (l) tried by a jury, and by guilty plea or | 23 | | otherwise, results in a conviction for an offense in which a | 24 | | domestic relationship is not a required element of the offense | 25 | | but in which a determination of the applicability of 18 U.S.C. | 26 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
| | | SB1286 | - 10 - | LRB098 05504 RLC 35539 b |
|
| 1 | | Criminal Procedure of 1963, an entry by the court of a judgment | 2 | | of conviction for that offense shall be grounds for denying an | 3 | | application for and for revoking and seizing a Firearm Owner's | 4 | | Identification Card previously issued to the person under this | 5 | | Act;
| 6 | | (m) (Blank);
| 7 | | (n) A person who is prohibited from acquiring or possessing
| 8 | | firearms or firearm ammunition by any Illinois State statute or | 9 | | by federal
law;
| 10 | | (o) A minor subject to a petition filed under Section 5-520 | 11 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 12 | | delinquent minor for
the commission of an offense that if | 13 | | committed by an adult would be a felony;
| 14 | | (p) An adult who had been adjudicated a delinquent minor | 15 | | under the Juvenile
Court Act of 1987 for the commission of an | 16 | | offense that if committed by an
adult would be a felony; or
| 17 | | (q) A person who is not a resident of the State of | 18 | | Illinois, except as provided in subsection (a-10) of Section 4. | 19 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 20 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law. |
|