State of Illinois
90th General Assembly
Legislation

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90_HB0127

      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.
      Requires  that  a  Firearm  Owner's  Identification  Card  be
      revoked if the holder has been convicted of domestic battery.
      Prohibits  the  issuance  of a Firearm Owner's Identification
      Card to a person who has been convicted of domestic  battery.
      (Current law requires revocation (or prohibits issuance) of a
      Card  in  the  case  of  a  person  who has been convicted of
      domestic battery in the past 5 years.)
                                                     LRB9000940RCks
                                               LRB9000940RCks
 1        AN ACT to amend the Firearm  Owners  Identification  Card
 2    Act by changing Sections 4 and 8.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Firearm Owners Identification Card Act is
 6    amended by changing Sections 4 and 8 as follows:
 7        (430 ILCS 65/4) (from Ch. 38, par. 83-4)
 8        Sec.  4.  (a)  Each  applicant  for  a  Firearm   Owner's
 9    Identification Card shall:
10             (1)  Make  application  on  blank forms prepared and
11        furnished at convenient locations throughout the State by
12        the Department of State Police; and
13             (2)  Submit evidence under penalty of perjury to the
14        Department of State Police that:
15                  (i)  He is 21 years of age or over, or if he is
16             under 21 years  of  age  that  he  has  the  written
17             consent  of  his parent or legal guardian to possess
18             and acquire firearms and firearm ammunition and that
19             he has never been convicted of a  misdemeanor  other
20             than  a  traffic  offense  or  adjudged  delinquent,
21             provided,   however,   that  such  parent  or  legal
22             guardian is not an individual prohibited from having
23             a Firearm Owner's Identification Card and  files  an
24             affidavit  with  the Department as prescribed by the
25             Department stating that  he  is  not  an  individual
26             prohibited from having a Card;
27                  (ii)  He  has  not  been  convicted of a felony
28             under the laws of this or any other jurisdiction;
29                  (iii)  He is not addicted to narcotics;
30                  (iv)  He has not been a  patient  in  a  mental
31             institution within the past 5 years;
                            -2-                LRB9000940RCks
 1                  (v)  He is not mentally retarded;
 2                  (vi)  He  is  not  an  alien  who is unlawfully
 3             present in the United States under the laws  of  the
 4             United States;
 5                  (vii)  He  or she is not subject to an existing
 6             order of protection  prohibiting  him  or  her  from
 7             possessing a firearm; and
 8                  (viii)  He or she has not been convicted within
 9             the past  5  years  of  domestic  battery,  battery,
10             assault,  aggravated  assault, violation of an order
11             of protection, or a substantially similar offense in
12             another jurisdiction, in which a firearm was used or
13             possessed; and .
14                  (ix)  He or  she  has  not  been  convicted  of
15             domestic  battery or a substantially similar offense
16             in another jurisdiction.
17        (b)  Each application form shall  include  the  following
18    statement  printed  in bold type:  "Warning: False statements
19    of the applicant shall result in prosecution for  perjury  in
20    accordance with Section 32-2 of the Criminal Code of 1961.".
21        (c)  Upon  such  written  consent, pursuant to Section 4,
22    paragraph (a) (2) (i), the parent or  legal  guardian  giving
23    the  consent  shall  be liable for any damages resulting from
24    the applicant's use of firearms or firearm ammunition.
25    (Source: P.A. 88-680, eff. 1-1-95; 89-367, eff. 1-1-96.)
26        (430 ILCS 65/8) (from Ch. 38, par. 83-8)
27        Sec. 8.  The Department of State Police has authority  to
28    deny  an  application  for  or  to revoke and seize a Firearm
29    Owner's Identification Card previously issued under this  Act
30    only if the Department finds that the applicant or the person
31    to  whom  such  card  was  issued  is  or  was at the time of
32    issuance:
33        (a)  A  person  under  21  years  of  age  who  has  been
                            -3-                LRB9000940RCks
 1    convicted of a misdemeanor other than a  traffic  offense  or
 2    adjudged delinquent;
 3        (b)  A person under 21 years of age who does not have the
 4    written  consent  of  his  parent  or guardian to acquire and
 5    possess firearms and firearm ammunition, or whose  parent  or
 6    guardian  has  revoked  such  written  consent, or where such
 7    parent or guardian does not qualify to have a Firearm Owner's
 8    Identification Card;
 9        (c)  A person convicted of a felony  under  the  laws  of
10    this or any other jurisdiction;
11        (d)  A person addicted to narcotics;
12        (e)  A  person  who  has  been  a  patient  of  a  mental
13    institution within the past 5 years;
14        (f)  A  person whose mental condition is of such a nature
15    that it poses a clear and present danger  to  the  applicant,
16    any other person or persons or the community;
17        For  the  purposes  of  this  Section, "mental condition"
18    means a  state  of  mind  manifested  by  violent,  suicidal,
19    threatening or assaultive behavior.
20        (g)  A person who is mentally retarded;
21        (h)  A  person  who intentionally makes a false statement
22    in the Firearm Owner's Identification Card application;
23        (i)  An alien who is unlawfully  present  in  the  United
24    States under the laws of the United States;
25        (j)  A  person  who  is  subject  to an existing order of
26    protection prohibiting him or her from possessing a  firearm;
27    or
28        (k)  A  person  who  has been convicted within the past 5
29    years  of  domestic  battery,  battery,  assault,  aggravated
30    assault,  violation  of  an  order  of   protection,   or   a
31    substantially  similar  offense  in  another jurisdiction, in
32    which a firearm was used or possessed.
33        (l)  A person who has been convicted of domestic  battery
34    or a substantially similar offense in another jurisdiction.
                            -4-                LRB9000940RCks
 1    (Source: P.A. 88-680, eff. 1-1-95; 89-367, eff. 1-1-96.)

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