94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0182

 

Introduced 1/12/2005, by Rep. Richard P. Myers

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4   from Ch. 38, par. 83-4
430 ILCS 65/7   from Ch. 38, par. 83-7
430 ILCS 65/8   from Ch. 38, par. 83-8

    Amends the Firearm Owners Identification Card Act. Changes, from 21 years of age or over to 18 years of age or over, the age at which a person may apply for and be issued a Firearm Owner's Identification Card without the consent of a parent or legal guardian. Provides that a Firearm Owner's Identification Card issued to a person who is on active duty for the Armed Forces of the United States that expires while that person is on active duty for the Armed Forces of the United States is valid for 6 months from the time the person is released from active duty. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Sections 4, 7, 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, or by electronic means, if
12     and when made available by the Department of State Police;
13     and
14         (2) Submit evidence to the Department of State Police
15     that:
16             (i) He or she is 18 21 years of age or over, or if
17         he or she is under 18 21 years of age that he or she has
18         the written consent of his or her parent or legal
19         guardian to possess and acquire firearms and firearm
20         ammunition and that, if he or she is under 21 years of
21         age, he or she has never been convicted of a
22         misdemeanor other than a traffic offense or adjudged
23         delinquent, provided, however, that such parent or
24         legal guardian of an applicant under 18 years of age is
25         not an individual prohibited from having a Firearm
26         Owner's Identification Card and files an affidavit
27         with the Department as prescribed by the Department
28         stating that he or she is not an individual prohibited
29         from having a Card;
30             (ii) He or she has not been convicted of a felony
31         under the laws of this or any other jurisdiction;
32             (iii) He or she is not addicted to narcotics;

 

 

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1             (iv) He or she has not been a patient in a mental
2         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 unlawfully
5         present in the United States under the laws of the
6         United States;
7             (vii) He or she is not subject to an existing order
8         of protection prohibiting him or her from possessing a
9         firearm;
10             (viii) He or she has not been convicted within the
11         past 5 years of battery, assault, aggravated assault,
12         violation of an order of protection, or a substantially
13         similar offense in another jurisdiction, in which a
14         firearm was used or possessed;
15             (ix) He or she has not been convicted of domestic
16         battery or a substantially similar offense in another
17         jurisdiction committed on or after the effective date
18         of this amendatory Act of 1997;
19             (x) He or she has not been convicted within the
20         past 5 years of domestic battery or a substantially
21         similar offense in another jurisdiction committed
22         before the effective date of this amendatory Act of
23         1997;
24             (xi) He or she is not an alien who has been
25         admitted to the United States under a non-immigrant
26         visa (as that term is defined in Section 101(a)(26) of
27         the Immigration and Nationality Act (8 U.S.C.
28         1101(a)(26))), or that he or she is an alien who has
29         been lawfully admitted to the United States under a
30         non-immigrant visa if that alien is:
31                 (1) admitted to the United States for lawful
32             hunting or sporting purposes;
33                 (2) an official representative of a foreign
34             government who is:
35                     (A) accredited to the United States
36                 Government or the Government's mission to an

 

 

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1                 international organization having its
2                 headquarters in the United States; or
3                     (B) en route to or from another country to
4                 which that alien is accredited;
5                 (3) an official of a foreign government or
6             distinguished foreign visitor who has been so
7             designated by the Department of State;
8                 (4) a foreign law enforcement officer of a
9             friendly foreign government entering the United
10             States on official business; or
11                 (5) one who has received a waiver from the
12             Attorney General of the United States pursuant to
13             18 U.S.C. 922(y)(3);
14             (xii) He or she is not a minor subject to a
15         petition filed under Section 5-520 of the Juvenile
16         Court Act of 1987 alleging that the minor is a
17         delinquent minor for the commission of an offense that
18         if committed by an adult would be a felony; and
19             (xiii) He or she is not an adult who had been
20         adjudicated a delinquent minor under the Juvenile
21         Court Act of 1987 for the commission of an offense that
22         if committed by an adult would be a felony; and
23         (3) Upon request by the Department of State Police,
24     sign a release on a form prescribed by the Department of
25     State Police waiving any right to confidentiality and
26     requesting the disclosure to the Department of State Police
27     of limited mental health institution admission information
28     from another state, the District of Columbia, any other
29     territory of the United States, or a foreign nation
30     concerning the applicant for the sole purpose of
31     determining whether the applicant is or was a patient in a
32     mental health institution and disqualified because of that
33     status from receiving a Firearm Owner's Identification
34     Card. No mental health care or treatment records may be
35     requested. The information received shall be destroyed
36     within one year of receipt.

 

 

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1     (a-5) Each applicant for a Firearm Owner's Identification
2 Card who is over the age of 18 shall furnish to the Department
3 of State Police either his or her driver's license number or
4 Illinois Identification Card number.
5     (a-10) Each applicant for a Firearm Owner's Identification
6 Card, who is employed as an armed security officer at a nuclear
7 energy, storage, weapons, or development facility regulated by
8 the Nuclear Regulatory Commission and who is not an Illinois
9 resident, shall furnish to the Department of State Police his
10 or her driver's license number or state identification card
11 number from his or her state of residence. The Department of
12 State Police may promulgate rules to enforce the provisions of
13 this subsection (a-10).
14     (b) Each application form shall include the following
15 statement printed in bold type: "Warning: Entering false
16 information on an application for a Firearm Owner's
17 Identification Card is punishable as a Class 2 felony in
18 accordance with subsection (d-5) of Section 14 of the Firearm
19 Owners Identification Card Act.".
20     (c) Upon such written consent, pursuant to Section 4,
21 paragraph (a)(2)(i), the parent or legal guardian giving the
22 consent shall be liable for any damages resulting from the
23 applicant's use of firearms or firearm ammunition.
24 (Source: P.A. 92-442, eff. 8-17-01; 92-839, eff. 8-22-02;
25 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)
 
26     (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
27     Sec. 7. Expiration of a Firearm Owner's Identification
28 Card.
29     (a) Except as provided in subsection (b) of this Section
30 and Section 8 of this Act, a Firearm Owner's Identification
31 Card issued under the provisions of this Act shall be valid for
32 the person to whom it is issued for a period of 5 years from the
33 date of issuance.
34     (b) A Firearm Owner's Identification Card issued under the
35 provisions of this Act to a person who is on active duty for

 

 

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1 the Armed Forces of the United States that expires while that
2 person is on active duty for the Armed Forces of the United
3 States is valid for 6 months from the time the person is
4 released from active duty.
5 (Source: Laws 1967, p. 2600.)
 
6     (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7     Sec. 8. The Department of State Police has authority to
8 deny an application for or to revoke and seize a Firearm
9 Owner's Identification Card previously issued under this Act
10 only if the Department finds that the applicant or the person
11 to whom such card was issued is or was at the time of issuance:
12     (a) A person under 21 years of age who has been convicted
13 of a misdemeanor other than a traffic offense or adjudged
14 delinquent;
15     (b) A person under 18 21 years of age who does not have the
16 written consent of his parent or guardian to acquire and
17 possess firearms and firearm ammunition, or whose parent or
18 guardian has revoked such written consent, or where such parent
19 or guardian does not qualify to have a Firearm Owner's
20 Identification Card;
21     (c) A person convicted of a felony under the laws of this
22 or any other jurisdiction;
23     (d) A person addicted to narcotics;
24     (e) A person who has been a patient of a mental institution
25 within the past 5 years;
26     (f) A person whose mental condition is of such a nature
27 that it poses a clear and present danger to the applicant, any
28 other person or persons or the community;
29     For the purposes of this Section, "mental condition" means
30 a state of mind manifested by violent, suicidal, threatening or
31 assaultive behavior.
32     (g) A person who is mentally retarded;
33     (h) A person who intentionally makes a false statement in
34 the Firearm Owner's Identification Card application;
35     (i) An alien who is unlawfully present in the United States

 

 

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1 under the laws of the United States;
2     (i-5) An alien who has been admitted to the United States
3 under a non-immigrant visa (as that term is defined in Section
4 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
5 1101(a)(26))), except that this subsection (i-5) does not apply
6 to any alien who has been lawfully admitted to the United
7 States under a non-immigrant visa if that alien is:
8         (1) admitted to the United States for lawful hunting or
9     sporting purposes;
10         (2) an official representative of a foreign government
11     who is:
12             (A) accredited to the United States Government or
13         the Government's mission to an international
14         organization having its headquarters in the United
15         States; or
16             (B) en route to or from another country to which
17         that alien is accredited;
18         (3) an official of a foreign government or
19     distinguished foreign visitor who has been so designated by
20     the Department of State;
21         (4) a foreign law enforcement officer of a friendly
22     foreign government entering the United States on official
23     business; or
24         (5) one who has received a waiver from the Attorney
25     General of the United States pursuant to 18 U.S.C.
26     922(y)(3);
27     (j) A person who is subject to an existing order of
28 protection prohibiting him or her from possessing a firearm;
29     (k) A person who has been convicted within the past 5 years
30 of battery, assault, aggravated assault, violation of an order
31 of protection, or a substantially similar offense in another
32 jurisdiction, in which a firearm was used or possessed;
33     (l) A person who has been convicted of domestic battery or
34 a substantially similar offense in another jurisdiction
35 committed on or after January 1, 1998;
36     (m) A person who has been convicted within the past 5 years

 

 

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1 of domestic battery or a substantially similar offense in
2 another jurisdiction committed before January 1, 1998;
3     (n) A person who is prohibited from acquiring or possessing
4 firearms or firearm ammunition by any Illinois State statute or
5 by federal law;
6     (o) A minor subject to a petition filed under Section 5-520
7 of the Juvenile Court Act of 1987 alleging that the minor is a
8 delinquent minor for the commission of an offense that if
9 committed by an adult would be a felony; or
10     (p) An adult who had been adjudicated a delinquent minor
11 under the Juvenile Court Act of 1987 for the commission of an
12 offense that if committed by an adult would be a felony.
13 (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.