State of Illinois
92nd General Assembly

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 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  Section  4  and  adding  Section  17  as
 6    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 must:
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  or  she is 21 years of age or over, or
16             if he or she is under 21 years of age that he or she
17             has the written consent of  his  or  her  parent  or
18             legal  guardian  to possess and acquire firearms and
19             firearm ammunition and that he or she has never been
20             convicted of a  misdemeanor  other  than  a  traffic
21             offense  or  adjudged delinquent, provided, however,
22             that  such  parent  or  legal  guardian  is  not  an
23             individual prohibited from having a Firearm  Owner's
24             Identification  Card and files an affidavit with the
25             Department as prescribed by the  Department  stating
26             that  he or she is not an individual prohibited from
27             having a Card;
28                  (ii)  He or she has not  been  convicted  of  a
29             felony   under   the  laws  of  this  or  any  other
30             jurisdiction;
31                  (iii)  He or she is not addicted to narcotics;
                            -2-                LRB9201957RCcd
 1                  (iv)  He or she has not been  a  patient  in  a
 2             mental institution within the past 5 years;
 3                  (v)  He or she is not mentally retarded;
 4                  (vi)  He   or  she  is  not  an  alien  who  is
 5             unlawfully present in the United  States  under  the
 6             laws of the United States;
 7                  (vii)  He  or she is not subject to an existing
 8             order of protection  prohibiting  him  or  her  from
 9             possessing a firearm;
10                  (viii)  He or she has not been convicted within
11             the  past  5  years  of battery, assault, aggravated
12             assault, violation of an order of protection,  or  a
13             substantially    similar    offense    in    another
14             jurisdiction,   in  which  a  firearm  was  used  or
15             possessed;
16                  (ix)  He or  she  has  not  been  convicted  of
17             domestic  battery or a substantially similar offense
18             in another jurisdiction committed on  or  after  the
19             effective date of this amendatory Act of 1997; and
20                  (x)  He  or  she  has not been convicted within
21             the  past  5  years  of  domestic   battery   or   a
22             substantially    similar    offense    in    another
23             jurisdiction  committed before the effective date of
24             this amendatory Act of 1997; and
25                  (xi)  He or  she  has  completed  a  course  of
26             firearms  safety  education as prescribed in Section
27             17 of this Act.  This  requirement  applies  to  new
28             applications  received  on or after January 1, 2002.
29             For  the  purposes  of  this   clause   (xi),   "new
30             application"  means  an  application of a person who
31             has   never   been   issued   a   Firearm    Owner's
32             Identification Card; and
33             (3)  Upon request by the Department of State Police,
34        sign  a release on a form prescribed by the Department of
                            -3-                LRB9201957RCcd
 1        State Police waiving any  right  to  confidentiality  and
 2        requesting  the  disclosure  to  the  Department of State
 3        Police of limited  mental  health  institution  admission
 4        information from another state, the District of Columbia,
 5        any  other  territory  of the United States, or a foreign
 6        nation concerning the applicant for the sole  purpose  of
 7        determining  whether the applicant is or was a patient in
 8        a mental health institution and disqualified  because  of
 9        that    status   from   receiving   a   Firearm   Owner's
10        Identification Card.  No mental health care or  treatment
11        records may be requested.  The information received shall
12        be destroyed within one year of receipt.
13        (b)  Each  application  form  shall include the following
14    statement printed in bold type:  "Warning:  False  statements
15    of  the  applicant shall result in prosecution for perjury in
16    accordance with Section 32-2 of the Criminal Code of 1961.".
17        (c)  Upon such written consent, pursuant  to  Section  4,
18    paragraph  (a)  (2)  (i), the parent or legal guardian giving
19    the consent shall be liable for any  damages  resulting  from
20    the applicant's use of firearms or firearm ammunition.
21    (Source:  P.A.  90-493,  eff.  1-1-98;  91-514,  eff. 1-1-00;
22    91-694, eff. 4-13-00.)

23        (430 ILCS 65/17 new)
24        Sec. 17.  Firearms safety education.
25        (a)  Authority.  The Illinois  Law  Enforcement  Training
26    Standards Board ("Board"), shall create, maintain, and update
27    a  course  of  firearms  safety  education.   Any  person may
28    voluntarily  take  the  firearms  safety  education   course,
29    whether  or  not  he  or she is a new applicant for a Firearm
30    Owner's Identification Card.   The  course  shall  provide  3
31    hours of classroom instruction in topics relating to firearms
32    safety.   The  topics  shall include, but are not limited to:
33    safe loading,  handling,  transportation,  and  storage;  and
                            -4-                LRB9201957RCcd
 1    preventing access to firearms by minors.
 2        (b)  Instruction.   The  Board  shall  establish  minimum
 3    standards  for  the  certification  of  schools  and  for the
 4    certification of instructors who shall provide  the  approved
 5    course   of  firearms  safety.  The  Board  may  prescribe  a
 6    reasonable fee for certification. All  fees  collected  under
 7    this  Section  shall be deposited in the Traffic and Criminal
 8    Conviction Surcharge Fund  and  may  be  used  only  for  the
 9    purposes  specified  in  paragraph  (1)  of  Section 9 of the
10    Illinois  Police  Training  Act.   The  Board   may   certify
11    providers  of  the  firearms  safety  course.   The Board may
12    certify sworn law enforcement personnel  as  instructors  for
13    the   firearms   safety   course,   and   may  certify  other
14    appropriately qualified persons. Schools that  are  certified
15    to  provide  the  firearms  safety  course  may not employ or
16    otherwise utilize the services of any person as an instructor
17    of the firearms safety education course unless that person is
18    certified as an instructor by the Board.
19        (c)  Alternative courses.  The  Board  may  review  other
20    courses  of firearms safety education and certify schools and
21    instructors as acceptable alternatives to the firearms safety
22    education course prescribed by the Board. The  providers  and
23    instructors  of  the certified acceptable alternative courses
24    may be certified as provided for in subsection  (b)  of  this
25    Section.
26        (d)  Rule-making.  The Board may make all rules necessary
27    to  carry  out the responsibilities assigned to it under this
28    Section.

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.

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