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92_SB0654
LRB9207267RCcdA
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; and
12 (2) Submit evidence under penalty of perjury to the
13 Department of State Police that:
14 (i) He or she is 21 years of age or over, or
15 if he or she is under 21 years of age that he or she
16 has the written consent of his or her parent or
17 legal guardian to possess and acquire firearms and
18 firearm ammunition and that he or she has never been
19 convicted of a misdemeanor other than a traffic
20 offense or adjudged delinquent, provided, however,
21 that such parent or legal guardian is not an
22 individual prohibited from having a Firearm Owner's
23 Identification Card and files an affidavit with the
24 Department as prescribed by the Department stating
25 that he or she is not an individual prohibited from
26 having a Card;
27 (ii) He or she has not been convicted of a
28 felony under the laws of this or any other
29 jurisdiction;
30 (iii) He or she is not addicted to narcotics;
31 (iv) He or she has not been a patient in a
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1 mental institution within the past 5 years;
2 (v) He or she is not mentally retarded;
3 (vi) He or she is not an alien who is
4 unlawfully present in the United States under the
5 laws of the United States;
6 (vii) He or she is not subject to an existing
7 order of protection prohibiting him or her from
8 possessing a firearm;
9 (viii) He or she has not been convicted within
10 the past 5 years of battery, assault, aggravated
11 assault, violation of an order of protection, or a
12 substantially similar offense in another
13 jurisdiction, in which a firearm was used or
14 possessed;
15 (ix) He or she has not been convicted of
16 domestic battery or a substantially similar offense
17 in another jurisdiction committed on or after the
18 effective date of this amendatory Act of 1997; and
19 (x) He or she has not been convicted within
20 the past 5 years of domestic battery or a
21 substantially similar offense in another
22 jurisdiction committed before the effective date of
23 this amendatory Act of 1997; and
24 (xi) He or she has completed a course of
25 instruction approved by the Department regarding the
26 safe handling of firearms; and
27 (3) Upon request by the Department of State Police,
28 sign a release on a form prescribed by the Department of
29 State Police waiving any right to confidentiality and
30 requesting the disclosure to the Department of State
31 Police of limited mental health institution admission
32 information from another state, the District of Columbia,
33 any other territory of the United States, or a foreign
34 nation concerning the applicant for the sole purpose of
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1 determining whether the applicant is or was a patient in
2 a mental health institution and disqualified because of
3 that status from receiving a Firearm Owner's
4 Identification Card. No mental health care or treatment
5 records may be requested. The information received shall
6 be destroyed within one year of receipt.
7 (b) Each application form shall include the following
8 statement printed in bold type: "Warning: False statements
9 of the applicant shall result in prosecution for perjury in
10 accordance with Section 32-2 of the Criminal Code of 1961.".
11 (c) Upon such written consent, pursuant to Section 4,
12 paragraph (a) (2) (i), the parent or legal guardian giving
13 the consent shall be liable for any damages resulting from
14 the applicant's use of firearms or firearm ammunition.
15 (d) Clause (xi) of paragraph (2) of subsection (a) does
16 not apply to a person who has, on the effective date of this
17 amendatory Act of the 92nd General Assembly, a currently
18 valid Firearm Owner's Identification Card that has not
19 lapsed.
20 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00;
21 91-694, eff. 4-13-00.)
22 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
23 Sec. 8. The Department of State Police has authority to
24 deny an application for or to revoke and seize a Firearm
25 Owner's Identification Card previously issued under this Act
26 only if the Department finds that the applicant or the person
27 to whom such card was issued is or was at the time of
28 issuance:
29 (a) A person under 21 years of age who has been
30 convicted of a misdemeanor other than a traffic offense or
31 adjudged delinquent;
32 (b) A person under 21 years of age who does not have the
33 written consent of his parent or guardian to acquire and
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1 possess firearms and firearm ammunition, or whose parent or
2 guardian has revoked such written consent, or where such
3 parent or guardian does not qualify to have a Firearm Owner's
4 Identification Card;
5 (c) A person convicted of a felony under the laws of
6 this or any other jurisdiction;
7 (d) A person addicted to narcotics;
8 (e) A person who has been a patient of a mental
9 institution within the past 5 years;
10 (f) A person whose mental condition is of such a nature
11 that it poses a clear and present danger to the applicant,
12 any other person or persons or the community;
13 For the purposes of this Section, "mental condition"
14 means a state of mind manifested by violent, suicidal,
15 threatening or assaultive behavior.
16 (g) A person who is mentally retarded;
17 (h) A person who intentionally makes a false statement
18 in the Firearm Owner's Identification Card application;
19 (i) An alien who is unlawfully present in the United
20 States under the laws of the United States;
21 (j) A person who is subject to an existing order of
22 protection prohibiting him or her from possessing a firearm;
23 (k) A person who has been convicted within the past 5
24 years of battery, assault, aggravated assault, violation of
25 an order of protection, or a substantially similar offense in
26 another jurisdiction, in which a firearm was used or
27 possessed;
28 (l) A person who has been convicted of domestic battery
29 or a substantially similar offense in another jurisdiction
30 committed on or after January 1, 1998;
31 (m) A person who has been convicted within the past 5
32 years of domestic battery or a substantially similar offense
33 in another jurisdiction committed before January 1, 1998; or
34 (n) A person who is prohibited from acquiring or
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1 possessing firearms or firearm ammunition by any Illinois
2 State statute or by federal law; or.
3 (o) A person who has not completed a course of
4 instruction approved by the Department regarding the safe
5 handling of firearms. This paragraph (o) does not apply to a
6 person who has, on the effective date of this amendatory Act
7 of the 92nd General Assembly, a currently valid Firearm
8 Owner's Identification Card that has not lapsed.
9 (Source: P.A. 90-130, eff. 1-1-98; 90-493, eff. 1-1-98;
10 90-655, eff. 7-30-98; 91-694, eff. 4-13-00.)