093_SB2090
LRB093 12628 RLC 17821 b
1 AN ACT in relation to 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 6 as follows:
6 (430 ILCS 65/6) (from Ch. 38, par. 83-6)
7 Sec. 6. Contents of Firearm Owner's Identification Card.
8 (a) Except as otherwise provided in subsection (d), a
9 Firearm Owner's Identification Card, issued by the Department
10 of State Police at such places as the Director of the
11 Department shall specify, shall contain the applicant's name,
12 residence, date of birth, sex, physical description, recent
13 photograph and signature. Each Firearm Owner's Identification
14 Card must have the expiration date boldly and conspicuously
15 displayed on the face of the card. Each Firearm Owner's
16 Identification Card must have printed on it the following:
17 "CAUTION - This card does not permit bearer to UNLAWFULLY
18 carry or use firearms." Before December 1, 2002, the
19 Department may use a person's digital photograph and
20 signature from his or her Illinois driver's license or
21 Illinois Identification Card, if available. On and after
22 December 1, 2002, the Department shall use a person's digital
23 photograph and signature from his or her Illinois driver's
24 license or Illinois Identification Card, if available. The
25 Department shall decline to use a person's digital photograph
26 or signature if the digital photograph or signature is the
27 result of or associated with fraudulent or erroneous data,
28 unless otherwise provided by law.
29 (b) Except as otherwise provided in subsection (d), a
30 person applying for a Firearm Owner's Identification Card
31 shall consent to the Department of State Police using the
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1 applicant's digital driver's license or Illinois
2 Identification Card photograph, if available, and signature
3 on the applicant's Firearm Owner's Identification Card. The
4 Secretary of State shall allow the Department of State Police
5 access to the photograph and signature for the purpose of
6 identifying the applicant and issuing to the applicant a
7 Firearm Owner's Identification Card.
8 (c) The Secretary of State shall conduct a study to
9 determine the cost and feasibility of creating a method of
10 adding an identifiable code, background, or other means on
11 the driver's license or Illinois Identification Card to show
12 that an individual is not disqualified from owning or
13 possessing a firearm under State or federal law. The
14 Secretary shall report the findings of this study 12 months
15 after the effective date of this amendatory Act of the 92nd
16 General Assembly.
17 (d) An applicant for a Firearm Owner's Identification
18 Card is not required to submit to a photograph or digital
19 photograph if sufficient justification is provided by the
20 applicant to establish that such photograph or digital
21 photograph would be in violation of or contradictory to the
22 applicant's religious convictions. If an applicant declares
23 that the use of a photograph or digital photograph is against
24 his or her religious convictions, the applicant must be given
25 an affidavit to be completed. This affidavit must contain
26 designated areas for a detailed written explanation of the
27 reasons why a photograph or digital photograph is against the
28 applicant's religious convictions, a place for the
29 applicant's signature and date, and the designation of the
30 religious sect or denomination involved; and space for a
31 minister or other religious leader to apply his or her
32 signature attesting to the explanation that the applicant has
33 offered, along with the date and official title of the
34 minister or religious leader. The affidavit shall be
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1 forwarded by the applicant to the Department of State Police
2 where a review and a decision shall be made by the Director
3 of State Police relative to the issuance or non-issuance of a
4 valid Firearm Owner's Identification Card without a
5 photograph or digital photograph. To assist the Director in
6 his or her decision, a committee of 3 administrative staff
7 persons shall be appointed by the Director. Each affidavit
8 shall be reviewed by each member of the committee, and each
9 individual recommendation shall be made to the Director for
10 his or her final decision. The Director of State Police may
11 require an applicant who is exempted under this subsection
12 (d) from submitting to a photograph or digital photograph to
13 be fingerprinted in such manner and under such conditions as
14 the Director may by rule require.
15 (Source: P.A. 91-694, eff. 4-13-00; 92-442, eff. 8-17-01.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.