101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3030

 

Introduced 2/5/2020, by Sen. Dale Fowler

 

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. Lowers the minimum age in which a person who is not an active duty member of the United States Armed Forces 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. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029.


LRB101 16616 RLC 66000 b

 

 

A BILL FOR

 

SB3030LRB101 16616 RLC 66000 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended 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
8Cards.
9    (a) Each applicant for a Firearm Owner's Identification
10Card must:
11        (1) Make application on blank forms prepared and
12    furnished at convenient locations throughout the State by
13    the Department of State Police, or by electronic means, if
14    and when made available by the Department of State Police;
15    and
16        (2) Submit evidence to the Department of State Police
17    that:
18            (i) (Blank); This subparagraph (i) applies through
19        the 180th day following the effective date of this
20        amendatory Act of the 101st General Assembly. He or she
21        is 21 years of age or over, or if he or she is under 21
22        years of age that he or she has the written consent of
23        his or her parent or legal guardian to possess and

 

 

SB3030- 2 -LRB101 16616 RLC 66000 b

1        acquire firearms and firearm ammunition and that he or
2        she has never been convicted of a misdemeanor other
3        than a traffic offense or adjudged delinquent,
4        provided, however, that such parent or legal guardian
5        is not an individual prohibited from having a Firearm
6        Owner's Identification Card and files an affidavit
7        with the Department as prescribed by the Department
8        stating that he or she is not an individual prohibited
9        from having a Card;
10            (i-4) If he or she is under 21 years of age he or
11        she has never been convicted of a misdemeanor other
12        than a traffic offense or adjudged delinquent;
13            (i-5) This subparagraph (i-5) applies on and after
14        the 181st day following the effective date of this
15        amendatory Act of the 101st General Assembly. He or she
16        is 18 21 years of age or over, or if he or she is under
17        18 21 years of age that he or she has never been
18        convicted of a misdemeanor other than a traffic offense
19        or adjudged delinquent and is an active duty member of
20        the United States Armed Forces or has the written
21        consent of his or her parent or legal guardian to
22        possess and acquire firearms and firearm ammunition,
23        provided, however, that such parent or legal guardian
24        is not an individual prohibited from having a Firearm
25        Owner's Identification Card and files an affidavit
26        with the Department as prescribed by the Department

 

 

SB3030- 3 -LRB101 16616 RLC 66000 b

1        stating that he or she is not an individual prohibited
2        from having a Card or the active duty member of the
3        United States Armed Forces under 18 21 years of age
4        annually submits proof to the Department of State
5        Police, in a manner prescribed by the Department;
6            (ii) He or she has not been convicted of a felony
7        under the laws of this or any other jurisdiction;
8            (iii) He or she is not addicted to narcotics;
9            (iv) He or she has not been a patient in a mental
10        health facility within the past 5 years or, if he or
11        she has been a patient in a mental health facility more
12        than 5 years ago submit the certification required
13        under subsection (u) of Section 8 of this Act;
14            (v) He or she is not a person with an intellectual
15        disability;
16            (vi) He or she is not an alien who is unlawfully
17        present in the United States under the laws of the
18        United States;
19            (vii) He or she is not subject to an existing order
20        of protection prohibiting him or her from possessing a
21        firearm;
22            (viii) He or she has not been convicted within the
23        past 5 years of battery, assault, aggravated assault,
24        violation of an order of protection, or a substantially
25        similar offense in another jurisdiction, in which a
26        firearm was used or possessed;

 

 

SB3030- 4 -LRB101 16616 RLC 66000 b

1            (ix) He or she has not been convicted of domestic
2        battery, aggravated domestic battery, or a
3        substantially similar offense in another jurisdiction
4        committed before, on or after January 1, 2012 (the
5        effective date of Public Act 97-158). If the applicant
6        knowingly and intelligently waives the right to have an
7        offense described in this clause (ix) tried by a jury,
8        and by guilty plea or otherwise, results in a
9        conviction for an offense in which a domestic
10        relationship is not a required element of the offense
11        but in which a determination of the applicability of 18
12        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
13        Code of Criminal Procedure of 1963, an entry by the
14        court of a judgment of conviction for that offense
15        shall be grounds for denying the issuance of a Firearm
16        Owner's Identification Card under this Section;
17            (x) (Blank);
18            (xi) He or she is not an alien who has been
19        admitted to the United States under a non-immigrant
20        visa (as that term is defined in Section 101(a)(26) of
21        the Immigration and Nationality Act (8 U.S.C.
22        1101(a)(26))), or that he or she is an alien who has
23        been lawfully admitted to the United States under a
24        non-immigrant visa if that alien is:
25                (1) admitted to the United States for lawful
26            hunting or sporting purposes;

 

 

SB3030- 5 -LRB101 16616 RLC 66000 b

1                (2) an official representative of a foreign
2            government who is:
3                    (A) accredited to the United States
4                Government or the Government's mission to an
5                international organization having its
6                headquarters in the United States; or
7                    (B) en route to or from another country to
8                which that alien is accredited;
9                (3) an official of a foreign government or
10            distinguished foreign visitor who has been so
11            designated by the Department of State;
12                (4) a foreign law enforcement officer of a
13            friendly foreign government entering the United
14            States on official business; or
15                (5) one who has received a waiver from the
16            Attorney General of the United States pursuant to
17            18 U.S.C. 922(y)(3);
18            (xii) He or she is not a minor subject to a
19        petition filed under Section 5-520 of the Juvenile
20        Court Act of 1987 alleging that the minor is a
21        delinquent minor for the commission of an offense that
22        if committed by an adult would be a felony;
23            (xiii) He or she is not an adult who had been
24        adjudicated a delinquent minor under the Juvenile
25        Court Act of 1987 for the commission of an offense that
26        if committed by an adult would be a felony;

 

 

SB3030- 6 -LRB101 16616 RLC 66000 b

1            (xiv) He or she is a resident of the State of
2        Illinois;
3            (xv) He or she has not been adjudicated as a person
4        with a mental disability;
5            (xvi) He or she has not been involuntarily admitted
6        into a mental health facility; and
7            (xvii) He or she is not a person with a
8        developmental disability; and
9        (3) Upon request by the Department of State Police,
10    sign a release on a form prescribed by the Department of
11    State Police waiving any right to confidentiality and
12    requesting the disclosure to the Department of State Police
13    of limited mental health institution admission information
14    from another state, the District of Columbia, any other
15    territory of the United States, or a foreign nation
16    concerning the applicant for the sole purpose of
17    determining whether the applicant is or was a patient in a
18    mental health institution and disqualified because of that
19    status from receiving a Firearm Owner's Identification
20    Card. No mental health care or treatment records may be
21    requested. The information received shall be destroyed
22    within one year of receipt.
23    (a-5) Each applicant for a Firearm Owner's Identification
24Card who is over the age of 18 shall furnish to the Department
25of State Police either his or her Illinois driver's license
26number or Illinois Identification Card number, except as

 

 

SB3030- 7 -LRB101 16616 RLC 66000 b

1provided in subsection (a-10).
2    (a-10) Each applicant for a Firearm Owner's Identification
3Card, who is employed as a law enforcement officer, an armed
4security officer in Illinois, or by the United States Military
5permanently assigned in Illinois and who is not an Illinois
6resident, shall furnish to the Department of State Police his
7or her driver's license number or state identification card
8number from his or her state of residence. The Department of
9State Police may adopt rules to enforce the provisions of this
10subsection (a-10).
11    (a-15) If an applicant applying for a Firearm Owner's
12Identification Card moves from the residence address named in
13the application, he or she shall immediately notify in a form
14and manner prescribed by the Department of State Police of that
15change of address.
16    (a-20) Each applicant for a Firearm Owner's Identification
17Card shall furnish to the Department of State Police his or her
18photograph. An applicant who is 18 21 years of age or older
19seeking a religious exemption to the photograph requirement
20must furnish with the application an approved copy of United
21States Department of the Treasury Internal Revenue Service Form
224029. In lieu of a photograph, an applicant regardless of age
23seeking a religious exemption to the photograph requirement
24shall submit fingerprints on a form and manner prescribed by
25the Department with his or her application.
26    (b) Each application form shall include the following

 

 

SB3030- 8 -LRB101 16616 RLC 66000 b

1statement printed in bold type: "Warning: Entering false
2information on an application for a Firearm Owner's
3Identification Card is punishable as a Class 2 felony in
4accordance with subsection (d-5) of Section 14 of the Firearm
5Owners Identification Card Act.".
6    (c) Upon such written consent, pursuant to Section 4,
7paragraph (a)(2)(i), the parent or legal guardian giving the
8consent shall be liable for any damages resulting from the
9applicant's use of firearms or firearm ammunition.
10(Source: P.A. 101-80, eff. 7-12-19.)
 
11    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
12    Sec. 8. Grounds for denial and revocation. The Department
13of State Police has authority to deny an application for or to
14revoke and seize a Firearm Owner's Identification Card
15previously issued under this Act only if the Department finds
16that the applicant or the person to whom such card was issued
17is 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) (Blank); This subsection (b) applies through the
22    180th day following the effective date of this amendatory
23    Act of the 101st General Assembly. A person under 21 years
24    of age who does not have the written consent of his parent
25    or guardian to acquire and possess firearms and firearm

 

 

SB3030- 9 -LRB101 16616 RLC 66000 b

1    ammunition, or whose parent or guardian has revoked such
2    written consent, or where such parent or guardian does not
3    qualify to have a Firearm Owner's Identification Card;
4        (b-5) This subsection (b-5) applies on and after the
5    181st day following the effective date of this amendatory
6    Act of the 101st General Assembly. A person under 18 21
7    years of age who is not an active duty member of the United
8    States Armed Forces and does not have the written consent
9    of his or her parent or guardian to acquire and possess
10    firearms and firearm ammunition, or whose parent or
11    guardian has revoked such written consent, or where such
12    parent or guardian does not qualify to have a Firearm
13    Owner's 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 who is denied,
23    revoked, or has his or her Firearm Owner's Identification
24    Card seized under this subsection (e) may obtain relief as
25    described in subsection (c-5) of Section 10 of this Act if
26    the officer did not act in a manner threatening to the

 

 

SB3030- 10 -LRB101 16616 RLC 66000 b

1    officer, another person, or the public as determined by the
2    treating clinical psychologist or physician, and the
3    officer seeks mental health treatment;
4        (f) A person whose mental condition is of such a nature
5    that it poses a clear and present danger to the applicant,
6    any other person or persons or the community;
7        (g) A person who has an intellectual disability;
8        (h) A person who intentionally makes a false statement
9    in the Firearm Owner's Identification Card application;
10        (i) An alien who is unlawfully present in the United
11    States under the laws of the United States;
12        (i-5) An alien who has been admitted to the United
13    States under a non-immigrant visa (as that term is defined
14    in Section 101(a)(26) of the Immigration and Nationality
15    Act (8 U.S.C. 1101(a)(26))), except that this subsection
16    (i-5) does not apply to any alien who has been lawfully
17    admitted to the United States under a non-immigrant visa if
18    that alien is:
19            (1) admitted to the United States for lawful
20        hunting or sporting purposes;
21            (2) an official representative of a foreign
22        government who is:
23                (A) accredited to the United States Government
24            or the Government's mission to an international
25            organization having its headquarters in the United
26            States; or

 

 

SB3030- 11 -LRB101 16616 RLC 66000 b

1                (B) en route to or from another country to
2            which that alien is accredited;
3            (3) an official of a foreign government or
4        distinguished foreign visitor who has been so
5        designated by the Department of State;
6            (4) a foreign law enforcement officer of a friendly
7        foreign government entering the United States on
8        official business; or
9            (5) one who has received a waiver from the Attorney
10        General of the United States pursuant to 18 U.S.C.
11        922(y)(3);
12        (j) (Blank);
13        (k) A person who has been convicted within the past 5
14    years of battery, assault, aggravated assault, violation
15    of an order of protection, or a substantially similar
16    offense in another jurisdiction, in which a firearm was
17    used or possessed;
18        (l) A person who has been convicted of domestic
19    battery, aggravated domestic battery, or a substantially
20    similar offense in another jurisdiction committed before,
21    on or after January 1, 2012 (the effective date of Public
22    Act 97-158). If the applicant or person who has been
23    previously issued a Firearm Owner's Identification Card
24    under this Act knowingly and intelligently waives the right
25    to have an offense described in this paragraph (l) tried by
26    a jury, and by guilty plea or otherwise, results in a

 

 

SB3030- 12 -LRB101 16616 RLC 66000 b

1    conviction for an offense in which a domestic relationship
2    is not a required element of the offense but in which a
3    determination of the applicability of 18 U.S.C. 922(g)(9)
4    is made under Section 112A-11.1 of the Code of Criminal
5    Procedure of 1963, an entry by the court of a judgment of
6    conviction for that offense shall be grounds for denying an
7    application for and for revoking and seizing a Firearm
8    Owner's Identification Card previously issued to the
9    person under this Act;
10        (m) (Blank);
11        (n) A person who is prohibited from acquiring or
12    possessing firearms or firearm ammunition by any Illinois
13    State statute or by federal law;
14        (o) A minor subject to a petition filed under Section
15    5-520 of the Juvenile Court Act of 1987 alleging that the
16    minor is a delinquent minor for the commission of an
17    offense that if committed by an adult would be a felony;
18        (p) An adult who had been adjudicated a delinquent
19    minor under the Juvenile Court Act of 1987 for the
20    commission of an offense that if committed by an adult
21    would be a felony;
22        (q) A person who is not a resident of the State of
23    Illinois, except as provided in subsection (a-10) of
24    Section 4;
25        (r) A person who has been adjudicated as a person with
26    a mental disability;

 

 

SB3030- 13 -LRB101 16616 RLC 66000 b

1        (s) A person who has been found to have a developmental
2    disability;
3        (t) A person involuntarily admitted into a mental
4    health facility; or
5        (u) A person who has had his or her Firearm Owner's
6    Identification Card revoked or denied under subsection (e)
7    of this Section or item (iv) of paragraph (2) of subsection
8    (a) of Section 4 of this Act because he or she was a
9    patient in a mental health facility as provided in
10    subsection (e) of this Section, shall not be permitted to
11    obtain a Firearm Owner's Identification Card, after the
12    5-year period has lapsed, unless he or she has received a
13    mental health evaluation by a physician, clinical
14    psychologist, or qualified examiner as those terms are
15    defined in the Mental Health and Developmental
16    Disabilities Code, and has received a certification that he
17    or she is not a clear and present danger to himself,
18    herself, or others. The physician, clinical psychologist,
19    or qualified examiner making the certification and his or
20    her employer shall not be held criminally, civilly, or
21    professionally liable for making or not making the
22    certification required under this subsection, except for
23    willful or wanton misconduct. This subsection does not
24    apply to a person whose firearm possession rights have been
25    restored through administrative or judicial action under
26    Section 10 or 11 of this Act.

 

 

SB3030- 14 -LRB101 16616 RLC 66000 b

1    Upon revocation of a person's Firearm Owner's
2Identification Card, the Department of State Police shall
3provide notice to the person and the person shall comply with
4Section 9.5 of this Act.
5(Source: P.A. 101-80, eff. 7-12-19.)