| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning safety. | |||||||||||||||||||||
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. Application for Firearm Owner's Identification | |||||||||||||||||||||
8 | Cards. | |||||||||||||||||||||
9 | (a) Each applicant for a Firearm Owner's Identification | |||||||||||||||||||||
10 | Card must: | |||||||||||||||||||||
11 | (1) Submit an application as made available by the | |||||||||||||||||||||
12 | Illinois State Police; and | |||||||||||||||||||||
13 | (2) Submit evidence to the Illinois State Police that: | |||||||||||||||||||||
14 | (i) (Blank); This subparagraph (i) applies through | |||||||||||||||||||||
15 | the 180th day following July 12, 2019 (the effective | |||||||||||||||||||||
16 | date of Public Act 101-80). He or she is 21 years of | |||||||||||||||||||||
17 | age or over, or if he or she is under 21 years of age | |||||||||||||||||||||
18 | that he or she has the written consent of his or her | |||||||||||||||||||||
19 | parent or legal guardian to possess and acquire | |||||||||||||||||||||
20 | firearms and firearm ammunition and that he or she has | |||||||||||||||||||||
21 | never been convicted of a misdemeanor other than a | |||||||||||||||||||||
22 | traffic offense or adjudged delinquent, provided, | |||||||||||||||||||||
23 | however, that such parent or legal guardian is not an |
| |||||||
| |||||||
1 | individual prohibited from having a Firearm Owner's | ||||||
2 | Identification Card and files an affidavit with the | ||||||
3 | Department as prescribed by the Department stating | ||||||
4 | that he or she is not an individual prohibited from | ||||||
5 | having a Card; | ||||||
6 | (i-4) If he or she is under 21 years of age, he or | ||||||
7 | she has never been convicted of a misdemeanor other | ||||||
8 | than a traffic offense or adjudged delinquent; | ||||||
9 | (i-5) This subparagraph (i-5) applies on and after | ||||||
10 | the 181st day following July 12, 2019 (the effective | ||||||
11 | date of Public Act 101-80). He or she is 18 21 years of | ||||||
12 | age or over, or if he or she is under 18 21 years of | ||||||
13 | age , that he or she has never been convicted of a | ||||||
14 | misdemeanor other than a traffic offense or adjudged | ||||||
15 | delinquent and is an active duty member of the United | ||||||
16 | States Armed Forces or the Illinois National Guard or | ||||||
17 | has the written consent of his or her parent or legal | ||||||
18 | guardian to possess and acquire firearms and firearm | ||||||
19 | ammunition, provided, however, that such parent or | ||||||
20 | legal guardian is not an individual prohibited from | ||||||
21 | having a Firearm Owner's Identification Card and files | ||||||
22 | an affidavit with the Illinois State Police as | ||||||
23 | prescribed by the Illinois State Police stating that | ||||||
24 | he or she is not an individual prohibited from having a | ||||||
25 | Card or the active duty member of the United States | ||||||
26 | Armed Forces or the Illinois National Guard under 18 |
| |||||||
| |||||||
1 | 21 years of age annually submits proof to the Illinois | ||||||
2 | State Police, in a manner prescribed by the Illinois | ||||||
3 | State Police; | ||||||
4 | (ii) He or she has not been convicted of a felony | ||||||
5 | under the laws of this or any other jurisdiction; | ||||||
6 | (iii) He or she is not addicted to narcotics; | ||||||
7 | (iv) He or she has not been a patient in a mental | ||||||
8 | health facility within the past 5 years or, if he or | ||||||
9 | she has been a patient in a mental health facility more | ||||||
10 | than 5 years ago submit the certification required | ||||||
11 | under subsection (u) of Section 8 of this Act; | ||||||
12 | (v) He or she is not a person with an intellectual | ||||||
13 | disability; | ||||||
14 | (vi) He or she is not a noncitizen who is | ||||||
15 | unlawfully present in the United States under the laws | ||||||
16 | of the 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 | ||||||
23 | substantially similar offense in another jurisdiction, | ||||||
24 | in which a firearm was used or possessed; | ||||||
25 | (ix) He or she has not been convicted of domestic | ||||||
26 | battery, aggravated domestic battery, or a |
| |||||||
| |||||||
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 | ||||||
5 | an offense described in this clause (ix) tried by a | ||||||
6 | jury, 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 | ||||||
10 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
11 | the 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 a noncitizen 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 a noncitizen who | ||||||
21 | has been lawfully admitted to the United States under | ||||||
22 | a non-immigrant visa if that noncitizen 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: |
| |||||||
| |||||||
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 noncitizen 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; | ||||||
25 | (xiv) He or she is a resident of the State of | ||||||
26 | Illinois; |
| |||||||
| |||||||
1 | (xv) He or she has not been adjudicated as a person | ||||||
2 | with a mental disability; | ||||||
3 | (xvi) He or she has not been involuntarily | ||||||
4 | admitted into a mental health facility; and | ||||||
5 | (xvii) He or she is not a person with a | ||||||
6 | developmental disability; and | ||||||
7 | (3) Upon request by the Illinois State Police, sign a | ||||||
8 | release on a form prescribed by the Illinois State Police | ||||||
9 | waiving any right to confidentiality and requesting the | ||||||
10 | disclosure to the Illinois State Police of limited mental | ||||||
11 | health institution admission information from another | ||||||
12 | state, the District of Columbia, any other territory of | ||||||
13 | the United States, or a foreign nation concerning the | ||||||
14 | applicant for the sole purpose of determining whether the | ||||||
15 | applicant is or was a patient in a mental health | ||||||
16 | institution and disqualified because of that status from | ||||||
17 | receiving a Firearm Owner's Identification Card. No mental | ||||||
18 | health care or treatment records may be requested. The | ||||||
19 | information received shall be destroyed within one year of | ||||||
20 | receipt. | ||||||
21 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
22 | Card who is over the age of 18 shall furnish to the Illinois | ||||||
23 | State Police either his or her Illinois driver's license | ||||||
24 | number or Illinois Identification Card number, except as | ||||||
25 | provided in subsection (a-10). | ||||||
26 | (a-10) Each applicant for a Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card, who is employed as a law enforcement officer, an armed | ||||||
2 | security officer in Illinois, or by the United States Military | ||||||
3 | permanently assigned in Illinois and who is not an Illinois | ||||||
4 | resident, shall furnish to the Illinois State Police his or | ||||||
5 | her driver's license number or state identification card | ||||||
6 | number from his or her state of residence. The Illinois State | ||||||
7 | Police may adopt rules to enforce the provisions of this | ||||||
8 | subsection (a-10). | ||||||
9 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
10 | Identification Card moves from the residence address named in | ||||||
11 | the application, he or she shall immediately notify in a form | ||||||
12 | and manner prescribed by the Illinois State Police of that | ||||||
13 | change of address. | ||||||
14 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
15 | Card shall furnish to the Illinois State Police his or her | ||||||
16 | photograph. An applicant who is 21 years of age or older | ||||||
17 | seeking a religious exemption to the photograph requirement | ||||||
18 | must furnish with the application an approved copy of United | ||||||
19 | States Department of the Treasury Internal Revenue Service | ||||||
20 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
21 | age seeking a religious exemption to the photograph | ||||||
22 | requirement shall submit fingerprints on a form and manner | ||||||
23 | prescribed by the Illinois State Police with his or her | ||||||
24 | application. | ||||||
25 | (a-25) Beginning January 1, 2023, each applicant for the | ||||||
26 | issuance of a Firearm Owner's Identification Card may include |
| |||||||
| |||||||
1 | a full set of his or her fingerprints in electronic format to | ||||||
2 | the Illinois State Police, unless the applicant has previously | ||||||
3 | provided a full set of his or her fingerprints to the Illinois | ||||||
4 | State Police under this Act or the Firearm Concealed Carry | ||||||
5 | Act. | ||||||
6 | The fingerprints must be transmitted through a live scan | ||||||
7 | fingerprint vendor licensed by the Department of Financial and | ||||||
8 | Professional Regulation. The fingerprints shall be checked | ||||||
9 | against the fingerprint records now and hereafter filed in the | ||||||
10 | Illinois State Police and Federal Bureau of Investigation | ||||||
11 | criminal history records databases, including all available | ||||||
12 | State and local criminal history record information files. | ||||||
13 | The Illinois State Police shall charge applicants a | ||||||
14 | one-time fee for conducting the criminal history record check, | ||||||
15 | which shall be deposited into the State Police Services Fund | ||||||
16 | and shall not exceed the actual cost of the State and national | ||||||
17 | criminal history record check. | ||||||
18 | (a-26) The Illinois State Police shall research, explore, | ||||||
19 | and report to the General Assembly by January 1, 2022 on the | ||||||
20 | feasibility of permitting voluntarily submitted fingerprints | ||||||
21 | obtained for purposes other than Firearm Owner's | ||||||
22 | Identification Card enforcement that are contained in the | ||||||
23 | Illinois State Police database for purposes of this Act. | ||||||
24 | (b) Each application form shall include the following | ||||||
25 | statement printed in bold type: "Warning: Entering false | ||||||
26 | information on an application for a Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card is punishable as a Class 2 felony in | ||||||
2 | accordance with subsection (d-5) of Section 14 of the Firearm | ||||||
3 | Owners Identification Card Act.". | ||||||
4 | (c) Upon such written consent, pursuant to Section 4, | ||||||
5 | paragraph (a)(2)(i), the parent or legal guardian giving the | ||||||
6 | consent shall be liable for any damages resulting from the | ||||||
7 | applicant's use of firearms or firearm ammunition. | ||||||
8 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
9 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
10 | 5-27-22; 102-1116, eff. 1-10-23.) | ||||||
11 | (430 ILCS 65/8) (from Ch. 38, par. 83-8) | ||||||
12 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
13 | State Police has authority to deny an application for or to | ||||||
14 | revoke and seize a Firearm Owner's Identification Card | ||||||
15 | previously issued under this Act only if the Illinois State | ||||||
16 | Police finds that the applicant or the person to whom such card | ||||||
17 | was issued is 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 July 12, 2019 (the effective date of | ||||||
23 | Public Act 101-80). A person under 21 years of age who does | ||||||
24 | not have the written consent of his parent or guardian to | ||||||
25 | acquire and possess firearms and firearm ammunition, or |
| |||||||
| |||||||
1 | whose parent or guardian has revoked such written consent, | ||||||
2 | or where such parent or guardian does not qualify to have a | ||||||
3 | Firearm Owner's Identification Card; | ||||||
4 | (b-5) This subsection (b-5) applies on and after the | ||||||
5 | 181st day following July 12, 2019 (the effective date of | ||||||
6 | Public Act 101-80). A person under 18 21 years of age who | ||||||
7 | is not an active duty member of the United States Armed | ||||||
8 | Forces or the Illinois National Guard and does not have | ||||||
9 | the written consent of his or her parent or guardian to | ||||||
10 | acquire and possess firearms and firearm ammunition, or | ||||||
11 | whose parent or guardian has revoked such written consent, | ||||||
12 | or where such parent or guardian does not qualify to have a | ||||||
13 | Firearm 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 or a Department | ||||||
23 | of Corrections employee authorized to possess firearms who | ||||||
24 | is denied, revoked, or has his or her Firearm Owner's | ||||||
25 | Identification Card seized under this subsection (e) may | ||||||
26 | obtain relief as described in subsection (c-5) of Section |
| |||||||
| |||||||
1 | 10 of this Act if the officer or employee did not act in a | ||||||
2 | manner threatening to the officer or employee, another | ||||||
3 | person, or the public as determined by the treating | ||||||
4 | clinical psychologist or physician, and the officer or | ||||||
5 | employee seeks mental health treatment; | ||||||
6 | (f) A person whose mental condition is of such a | ||||||
7 | nature that it poses a clear and present danger to the | ||||||
8 | applicant, any other person or persons, or the community; | ||||||
9 | (g) A person who has an intellectual disability; | ||||||
10 | (h) A person who intentionally makes a false statement | ||||||
11 | in the Firearm Owner's Identification Card application or | ||||||
12 | endorsement affidavit; | ||||||
13 | (i) A noncitizen who is unlawfully present in the | ||||||
14 | United States under the laws of the United States; | ||||||
15 | (i-5) A noncitizen who has been admitted to the United | ||||||
16 | States under a non-immigrant visa (as that term is defined | ||||||
17 | in Section 101(a)(26) of the Immigration and Nationality | ||||||
18 | Act (8 U.S.C. 1101(a)(26))), except that this subsection | ||||||
19 | (i-5) does not apply to any noncitizen who has been | ||||||
20 | lawfully admitted to the United States under a | ||||||
21 | non-immigrant visa if that noncitizen is: | ||||||
22 | (1) admitted to the United States for lawful | ||||||
23 | hunting or sporting purposes; | ||||||
24 | (2) an official representative of a foreign | ||||||
25 | government who is: | ||||||
26 | (A) accredited to the United States Government |
| |||||||
| |||||||
1 | or the Government's mission to an international | ||||||
2 | organization having its headquarters in the United | ||||||
3 | States; or | ||||||
4 | (B) en route to or from another country to | ||||||
5 | which that noncitizen is accredited; | ||||||
6 | (3) an official of a foreign government or | ||||||
7 | distinguished foreign visitor who has been so | ||||||
8 | designated by the Department of State; | ||||||
9 | (4) a foreign law enforcement officer of a | ||||||
10 | friendly foreign government entering the United States | ||||||
11 | on official business; or | ||||||
12 | (5) one who has received a waiver from the | ||||||
13 | Attorney General of the United States pursuant to 18 | ||||||
14 | U.S.C. 922(y)(3); | ||||||
15 | (j) (Blank); | ||||||
16 | (k) A person who has been convicted within the past 5 | ||||||
17 | years of battery, assault, aggravated assault, violation | ||||||
18 | of an order of protection, or a substantially similar | ||||||
19 | offense in another jurisdiction, in which a firearm was | ||||||
20 | used or possessed; | ||||||
21 | (l) A person who has been convicted of domestic | ||||||
22 | battery, aggravated domestic battery, or a substantially | ||||||
23 | similar offense in another jurisdiction committed before, | ||||||
24 | on or after January 1, 2012 (the effective date of Public | ||||||
25 | Act 97-158). If the applicant or person who has been | ||||||
26 | previously issued a Firearm Owner's Identification Card |
| |||||||
| |||||||
1 | under this Act knowingly and intelligently waives the | ||||||
2 | right to have an offense described in this paragraph (l) | ||||||
3 | tried by a jury, and by guilty plea or otherwise, results | ||||||
4 | in a conviction for an offense in which a domestic | ||||||
5 | relationship is not a required element of the offense but | ||||||
6 | in which a determination of the applicability of 18 U.S.C. | ||||||
7 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
8 | Criminal Procedure of 1963, an entry by the court of a | ||||||
9 | judgment of conviction for that offense shall be grounds | ||||||
10 | for denying an application for and for revoking and | ||||||
11 | seizing a Firearm Owner's Identification Card previously | ||||||
12 | issued to the person under this Act; | ||||||
13 | (m) (Blank); | ||||||
14 | (n) A person who is prohibited from acquiring or | ||||||
15 | possessing firearms or firearm ammunition by any Illinois | ||||||
16 | State statute or by federal law; | ||||||
17 | (o) A minor subject to a petition filed under Section | ||||||
18 | 5-520 of the Juvenile Court Act of 1987 alleging that the | ||||||
19 | minor is a delinquent minor for the commission of an | ||||||
20 | offense that if committed by an adult would be a felony; | ||||||
21 | (p) An adult who had been adjudicated a delinquent | ||||||
22 | minor under the Juvenile Court Act of 1987 for the | ||||||
23 | commission of an offense that if committed by an adult | ||||||
24 | would be a felony; | ||||||
25 | (q) A person who is not a resident of the State of | ||||||
26 | Illinois, except as provided in subsection (a-10) of |
| |||||||
| |||||||
1 | Section 4; | ||||||
2 | (r) A person who has been adjudicated as a person with | ||||||
3 | a mental disability; | ||||||
4 | (s) A person who has been found to have a | ||||||
5 | developmental disability; | ||||||
6 | (t) A person involuntarily admitted into a mental | ||||||
7 | health facility; or | ||||||
8 | (u) A person who has had his or her Firearm Owner's | ||||||
9 | Identification Card revoked or denied under subsection (e) | ||||||
10 | of this Section or item (iv) of paragraph (2) of | ||||||
11 | subsection (a) of Section 4 of this Act because he or she | ||||||
12 | was a patient in a mental health facility as provided in | ||||||
13 | subsection (e) of this Section, shall not be permitted to | ||||||
14 | obtain a Firearm Owner's Identification Card, after the | ||||||
15 | 5-year period has lapsed, unless he or she has received a | ||||||
16 | mental health evaluation by a physician, clinical | ||||||
17 | psychologist, or qualified examiner as those terms are | ||||||
18 | defined in the Mental Health and Developmental | ||||||
19 | Disabilities Code, and has received a certification that | ||||||
20 | he or she is not a clear and present danger to himself, | ||||||
21 | herself, or others. The physician, clinical psychologist, | ||||||
22 | or qualified examiner making the certification and his or | ||||||
23 | her employer shall not be held criminally, civilly, or | ||||||
24 | professionally liable for making or not making the | ||||||
25 | certification required under this subsection, except for | ||||||
26 | willful or wanton misconduct. This subsection does not |
| |||||||
| |||||||
1 | apply to a person whose firearm possession rights have | ||||||
2 | been restored through administrative or judicial action | ||||||
3 | under Section 10 or 11 of this Act. | ||||||
4 | Upon revocation of a person's Firearm Owner's | ||||||
5 | Identification Card, the Illinois State Police shall provide | ||||||
6 | notice to the person and the person shall comply with Section | ||||||
7 | 9.5 of this Act. | ||||||
8 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
9 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
10 | 5-27-22; 102-1116, eff. 1-10-23.) |