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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, 5, 8, and 13.4 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 |
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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-5) This subparagraph (i-5) applies on and after | ||||||
7 | the 181st day following July 12, 2019 (the effective | ||||||
8 | date of Public Act 101-80). The applicant He or she is | ||||||
9 | 21 years of age or over, or if the applicant he or she | ||||||
10 | is under 21 years of age that the applicant he or she | ||||||
11 | has never been convicted of a misdemeanor other than a | ||||||
12 | traffic offense or adjudged delinquent and is an | ||||||
13 | active duty member of the United States Armed Forces | ||||||
14 | or the Illinois National Guard or has the written | ||||||
15 | consent of the applicant's his or her parent or legal | ||||||
16 | guardian to possess and acquire firearms and firearm | ||||||
17 | ammunition, provided, however, that such parent or | ||||||
18 | legal guardian is not an individual prohibited from | ||||||
19 | having a Firearm Owner's Identification Card and files | ||||||
20 | an affidavit with the Illinois State Police as | ||||||
21 | prescribed by the Illinois State Police stating that | ||||||
22 | the applicant he or she is not an individual | ||||||
23 | prohibited from having a Card or the active duty | ||||||
24 | member of the United States Armed Forces or the | ||||||
25 | Illinois National Guard under 21 years of age annually | ||||||
26 | submits proof to the Illinois State Police, in a |
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1 | manner prescribed by the Illinois State Police; | ||||||
2 | (ii) The applicant He or she has not been | ||||||
3 | convicted of a felony under the laws of this or any | ||||||
4 | other jurisdiction; | ||||||
5 | (iii) The applicant He or she is not addicted to | ||||||
6 | narcotics; | ||||||
7 | (iv) The applicant He or she has not been a patient | ||||||
8 | in a mental health facility within the past 5 years or, | ||||||
9 | if the applicant he or she has been a patient in a | ||||||
10 | mental health facility more than 5 years ago submit | ||||||
11 | the certification required under subsection (u) of | ||||||
12 | Section 8 of this Act; | ||||||
13 | (v) The applicant He or she is not a person with an | ||||||
14 | intellectual disability; | ||||||
15 | (vi) The applicant He or she is not a noncitizen | ||||||
16 | who is unlawfully present in the United States under | ||||||
17 | the laws of the United States; | ||||||
18 | (vii) The applicant He or she is not subject to an | ||||||
19 | existing order of protection prohibiting him or her | ||||||
20 | from possessing a firearm; | ||||||
21 | (viii) The applicant He or she has not been | ||||||
22 | convicted within the past 5 years of battery, assault, | ||||||
23 | aggravated assault, violation of an order of | ||||||
24 | protection, or a substantially similar offense in | ||||||
25 | another jurisdiction, in which a firearm was used or | ||||||
26 | possessed; |
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1 | (ix) The applicant He or she has not been | ||||||
2 | convicted of domestic battery, aggravated domestic | ||||||
3 | battery, or a substantially similar offense in another | ||||||
4 | jurisdiction committed before, on or after January 1, | ||||||
5 | 2012 (the effective date of Public Act 97-158). If the | ||||||
6 | applicant knowingly and intelligently waives the right | ||||||
7 | to have an offense described in this clause (ix) tried | ||||||
8 | by a jury, and by guilty plea or otherwise, results in | ||||||
9 | a 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 | ||||||
12 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
13 | the 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) The applicant He or she is not a noncitizen | ||||||
19 | who has been admitted to the United States under a | ||||||
20 | non-immigrant visa (as that term is defined in Section | ||||||
21 | 101(a)(26) of the Immigration and Nationality Act (8 | ||||||
22 | U.S.C. 1101(a)(26))), or that the applicant he or she | ||||||
23 | is a noncitizen who has been lawfully admitted to the | ||||||
24 | United States under a non-immigrant visa if that | ||||||
25 | noncitizen is: | ||||||
26 | (1) admitted to the United States for lawful |
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1 | hunting or sporting purposes; | ||||||
2 | (2) an official representative of a foreign | ||||||
3 | government who is: | ||||||
4 | (A) accredited to the United States | ||||||
5 | Government or the Government's mission to an | ||||||
6 | international organization having its | ||||||
7 | headquarters in the United States; or | ||||||
8 | (B) en route to or from another country to | ||||||
9 | which that noncitizen is accredited; | ||||||
10 | (3) an official of a foreign government or | ||||||
11 | distinguished foreign visitor who has been so | ||||||
12 | designated by the Department of State; | ||||||
13 | (4) a foreign law enforcement officer of a | ||||||
14 | friendly foreign government entering the United | ||||||
15 | States on official business; or | ||||||
16 | (5) one who has received a waiver from the | ||||||
17 | Attorney General of the United States pursuant to | ||||||
18 | 18 U.S.C. 922(y)(3); | ||||||
19 | (xii) The applicant He or she is not a minor | ||||||
20 | subject to a petition filed under Section 5-520 of the | ||||||
21 | Juvenile Court Act of 1987 alleging that the minor is a | ||||||
22 | delinquent minor for the commission of an offense that | ||||||
23 | if committed by an adult would be a felony; | ||||||
24 | (xiii) The applicant He or she is not an adult who | ||||||
25 | had been adjudicated a delinquent minor under the | ||||||
26 | Juvenile Court Act of 1987 for the commission of an |
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1 | offense that if committed by an adult would be a | ||||||
2 | felony; | ||||||
3 | (xiv) The applicant He or she is a resident of the | ||||||
4 | State of Illinois; | ||||||
5 | (xv) The applicant He or she has not been | ||||||
6 | adjudicated as a person with a mental disability; | ||||||
7 | (xvi) The applicant He or she has not been | ||||||
8 | involuntarily admitted into a mental health facility; | ||||||
9 | and | ||||||
10 | (xvii) The applicant He or she is not a person with | ||||||
11 | a developmental disability; and | ||||||
12 | (3) Upon request by the Illinois State Police, sign a | ||||||
13 | release on a form prescribed by the Illinois State Police | ||||||
14 | waiving any right to confidentiality and requesting the | ||||||
15 | disclosure to the Illinois State Police of limited mental | ||||||
16 | health institution admission information from another | ||||||
17 | state, the District of Columbia, any other territory of | ||||||
18 | the United States, or a foreign nation concerning the | ||||||
19 | applicant for the sole purpose of determining whether the | ||||||
20 | applicant is or was a patient in a mental health | ||||||
21 | institution and disqualified because of that status from | ||||||
22 | receiving a Firearm Owner's Identification Card. No mental | ||||||
23 | health care or treatment records may be requested. The | ||||||
24 | information received shall be destroyed within one year of | ||||||
25 | receipt. | ||||||
26 | (a-5) Each applicant for a Firearm Owner's Identification |
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1 | Card who is over the age of 18 shall furnish to the Illinois | ||||||
2 | State Police either the applicant's his or her Illinois | ||||||
3 | driver's license number or Illinois Identification Card | ||||||
4 | number, except as provided in subsection (a-10). | ||||||
5 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
6 | Card, who is employed as a law enforcement officer, an armed | ||||||
7 | security officer in Illinois, or by the United States Military | ||||||
8 | permanently assigned in Illinois and who is not an Illinois | ||||||
9 | resident, shall furnish to the Illinois State Police the | ||||||
10 | applicant's his or her driver's license number or state | ||||||
11 | identification card number from the applicant's his or her | ||||||
12 | state of residence. The Illinois State Police may adopt rules | ||||||
13 | to enforce the provisions of this subsection (a-10). | ||||||
14 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
15 | Identification Card moves from the residence address named in | ||||||
16 | the application, the applicant he or she shall immediately | ||||||
17 | notify in a form and manner prescribed by the Illinois State | ||||||
18 | Police of that change of address. | ||||||
19 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
20 | Card shall furnish to the Illinois State Police the | ||||||
21 | applicant's his or her photograph. An applicant who is 21 | ||||||
22 | years of age or older seeking a religious exemption to the | ||||||
23 | photograph requirement must furnish with the application an | ||||||
24 | approved copy of United States Department of the Treasury | ||||||
25 | Internal Revenue Service Form 4029. In lieu of a photograph, | ||||||
26 | an applicant regardless of age seeking a religious exemption |
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1 | to the photograph requirement shall submit fingerprints on a | ||||||
2 | form and manner prescribed by the Illinois State Police with | ||||||
3 | the applicant's his or her application. | ||||||
4 | (a-25) Beginning January 1, 2023, each applicant for the | ||||||
5 | issuance of a Firearm Owner's Identification Card may include | ||||||
6 | a full set of the applicant's his or her fingerprints in | ||||||
7 | electronic format to the Illinois State Police, unless the | ||||||
8 | applicant has previously provided a full set of the | ||||||
9 | applicant's his or her fingerprints to the Illinois State | ||||||
10 | Police under this Act or the Firearm Concealed Carry Act. | ||||||
11 | The fingerprints must be transmitted through a live scan | ||||||
12 | fingerprint vendor licensed by the Department of Financial and | ||||||
13 | Professional Regulation. The fingerprints shall be checked | ||||||
14 | against the fingerprint records now and hereafter filed in the | ||||||
15 | Illinois State Police and Federal Bureau of Investigation | ||||||
16 | criminal history records databases, including all available | ||||||
17 | State and local criminal history record information files. | ||||||
18 | The Illinois State Police shall charge applicants a | ||||||
19 | one-time fee for conducting the criminal history record check, | ||||||
20 | which shall be deposited into the State Police Services Fund | ||||||
21 | and shall not exceed the actual cost of the State and national | ||||||
22 | criminal history record check. | ||||||
23 | (a-26) The Illinois State Police shall research, explore, | ||||||
24 | and report to the General Assembly by January 1, 2022 on the | ||||||
25 | feasibility of permitting voluntarily submitted fingerprints | ||||||
26 | obtained for purposes other than Firearm Owner's |
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1 | Identification Card enforcement that are contained in the | ||||||
2 | Illinois State Police database for purposes of this Act. | ||||||
3 | (b) Each application form shall include the following | ||||||
4 | statement printed in bold type: "Warning: Entering false | ||||||
5 | information on an application for a Firearm Owner's | ||||||
6 | Identification Card is punishable as a Class 2 felony in | ||||||
7 | accordance with subsection (d-5) of Section 14 of the Firearm | ||||||
8 | Owners Identification Card Act.". | ||||||
9 | (c) Upon such written consent, pursuant to Section 4, | ||||||
10 | paragraph (a)(2)(i), the parent or legal guardian giving the | ||||||
11 | consent shall be liable for any damages resulting from the | ||||||
12 | applicant's use of firearms or firearm ammunition. | ||||||
13 | (d) Each application form shall include the date on which | ||||||
14 | hands-on firearm safety training has been or will be | ||||||
15 | completed. Proof that the applicant has completed or is | ||||||
16 | currently enrolled in a hands-on training course must | ||||||
17 | accompany the application. | ||||||
18 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
19 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
20 | 5-27-22; 102-1116, eff. 1-10-23.) | ||||||
21 | (430 ILCS 65/5) (from Ch. 38, par. 83-5) | ||||||
22 | Sec. 5. Application and renewal. | ||||||
23 | (a) The Illinois State Police shall either approve or deny | ||||||
24 | all applications within 30 days from the date they are | ||||||
25 | received, except as provided in subsections (b) and (c), and |
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1 | every applicant found qualified under Section 8 of this Act by | ||||||
2 | the Illinois State Police shall be entitled to a Firearm | ||||||
3 | Owner's Identification Card upon the payment of a $10 fee and | ||||||
4 | applicable processing fees. The processing fees shall be | ||||||
5 | limited to charges by the State Treasurer for using the | ||||||
6 | electronic online payment system. Any applicant who is an | ||||||
7 | active duty member of the Armed Forces of the United States, a | ||||||
8 | member of the Illinois National Guard, or a member of the | ||||||
9 | Reserve Forces of the United States is exempt from the | ||||||
10 | application fee. $5 of each fee derived from the issuance of a | ||||||
11 | Firearm Owner's Identification Card or renewals thereof shall | ||||||
12 | be deposited in the State Police Firearm Services Fund and $5 | ||||||
13 | into the State Police Revocation Enforcement Fund. | ||||||
14 | (b) Renewal applications shall be approved or denied | ||||||
15 | within 60 business days, provided the applicant submitted his | ||||||
16 | or her renewal application prior to the expiration of his or | ||||||
17 | her Firearm Owner's Identification Card. If a renewal | ||||||
18 | application has been submitted prior to the expiration date of | ||||||
19 | the applicant's Firearm Owner's Identification Card, the | ||||||
20 | Firearm Owner's Identification Card shall remain valid while | ||||||
21 | the Illinois State Police processes the application, unless | ||||||
22 | the person is subject to or becomes subject to revocation | ||||||
23 | under this Act. The cost for a renewal application shall be $10 | ||||||
24 | and may include applicable processing fees, which shall be | ||||||
25 | limited to charges by the State Treasurer for using the | ||||||
26 | electronic online payment system, which shall be deposited |
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1 | into the State Police Firearm Services Fund. A renewal shall | ||||||
2 | be automatically denied for any Firearm Owner's Identification | ||||||
3 | Card issued to an applicant who submitted an application on or | ||||||
4 | after the effective date of this amendatory Act of the 103rd | ||||||
5 | General Assembly, if the Firearm Owner's Identification Card | ||||||
6 | holder has failed to complete hands-on firearm safety training | ||||||
7 | within one year after the initial issuance of a Firearm | ||||||
8 | Owner's Identification Card. A revoked license for not | ||||||
9 | completing hands-on firearm safety training shall not be | ||||||
10 | grounds for a denial of a subsequent Firearm Owner's | ||||||
11 | Identification Card application. | ||||||
12 | (c) If the Firearm Owner's Identification Card of a | ||||||
13 | licensee under the Firearm Concealed Carry Act expires during | ||||||
14 | the term of the licensee's concealed carry license, the | ||||||
15 | Firearm Owner's Identification Card and the license remain | ||||||
16 | valid and the licensee does not have to renew his or her | ||||||
17 | Firearm Owner's Identification Card during the duration of the | ||||||
18 | concealed carry license. Unless the Illinois State Police has | ||||||
19 | reason to believe the licensee is no longer eligible for the | ||||||
20 | card, the Illinois State Police may automatically renew the | ||||||
21 | licensee's Firearm Owner's Identification Card and send a | ||||||
22 | renewed Firearm Owner's Identification Card to the licensee. | ||||||
23 | (d) The Illinois State Police may adopt rules concerning | ||||||
24 | the use of voluntarily submitted fingerprints, as allowed by | ||||||
25 | State and federal law. | ||||||
26 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
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1 | 102-813, eff. 5-13-22.) | ||||||
2 | (430 ILCS 65/8) (from Ch. 38, par. 83-8) | ||||||
3 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
4 | State Police has authority to deny an application for or to | ||||||
5 | revoke and seize a Firearm Owner's Identification Card | ||||||
6 | previously issued under this Act only if the Illinois State | ||||||
7 | Police finds that the applicant or the person to whom such card | ||||||
8 | was issued is or was at the time of issuance: | ||||||
9 | (a) A person under 21 years of age who has been | ||||||
10 | convicted of a misdemeanor other than a traffic offense or | ||||||
11 | adjudged delinquent; | ||||||
12 | (b) This subsection (b) applies through the 180th day | ||||||
13 | following July 12, 2019 (the effective date of Public Act | ||||||
14 | 101-80). A person under 21 years of age who does not have | ||||||
15 | the written consent of his parent or guardian to acquire | ||||||
16 | and possess firearms and firearm ammunition, or whose | ||||||
17 | parent or guardian has revoked such written consent, or | ||||||
18 | where such parent or guardian does not qualify to have a | ||||||
19 | Firearm Owner's Identification Card; | ||||||
20 | (b-5) This subsection (b-5) applies on and after the | ||||||
21 | 181st day following July 12, 2019 (the effective date of | ||||||
22 | Public Act 101-80). A person under 21 years of age who is | ||||||
23 | not an active duty member of the United States Armed | ||||||
24 | Forces or the Illinois National Guard and does not have | ||||||
25 | the written consent of his or her parent or guardian to |
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1 | acquire and possess firearms and firearm ammunition, or | ||||||
2 | whose parent or guardian has revoked such written consent, | ||||||
3 | or where such parent or guardian does not qualify to have a | ||||||
4 | Firearm Owner's 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 health | ||||||
9 | facility within the past 5 years or a person who has been a | ||||||
10 | patient in a mental health facility more than 5 years ago | ||||||
11 | who has not received the certification required under | ||||||
12 | subsection (u) of this Section. An active law enforcement | ||||||
13 | officer employed by a unit of government or a Department | ||||||
14 | of Corrections employee authorized to possess firearms who | ||||||
15 | is denied, revoked, or has his or her Firearm Owner's | ||||||
16 | Identification Card seized under this subsection (e) may | ||||||
17 | obtain relief as described in subsection (c-5) of Section | ||||||
18 | 10 of this Act if the officer or employee did not act in a | ||||||
19 | manner threatening to the officer or employee, another | ||||||
20 | person, or the public as determined by the treating | ||||||
21 | clinical psychologist or physician, and the officer or | ||||||
22 | employee seeks mental health treatment; | ||||||
23 | (f) A person whose mental condition is of such a | ||||||
24 | nature that it poses a clear and present danger to the | ||||||
25 | applicant, any other person or persons, or the community; | ||||||
26 | (g) A person who has an intellectual disability; |
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1 | (h) A person who intentionally makes a false statement | ||||||
2 | in the Firearm Owner's Identification Card application or | ||||||
3 | endorsement affidavit or who has failed to complete | ||||||
4 | hands-on firearm safety training by the specified date on | ||||||
5 | the Firearm Owner's Identification Card application ; | ||||||
6 | (i) A noncitizen who is unlawfully present in the | ||||||
7 | United States under the laws of the United States; | ||||||
8 | (i-5) A noncitizen who has been admitted to the United | ||||||
9 | States under a non-immigrant visa (as that term is defined | ||||||
10 | in Section 101(a)(26) of the Immigration and Nationality | ||||||
11 | Act (8 U.S.C. 1101(a)(26))), except that this subsection | ||||||
12 | (i-5) does not apply to any noncitizen who has been | ||||||
13 | lawfully admitted to the United States under a | ||||||
14 | non-immigrant visa if that noncitizen is: | ||||||
15 | (1) admitted to the United States for lawful | ||||||
16 | hunting or sporting purposes; | ||||||
17 | (2) an official representative of a foreign | ||||||
18 | government who is: | ||||||
19 | (A) accredited to the United States Government | ||||||
20 | or the Government's mission to an international | ||||||
21 | organization having its headquarters in the United | ||||||
22 | States; or | ||||||
23 | (B) en route to or from another country to | ||||||
24 | which that noncitizen is accredited; | ||||||
25 | (3) an official of a foreign government or | ||||||
26 | distinguished foreign visitor who has been so |
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1 | designated by the Department of State; | ||||||
2 | (4) a foreign law enforcement officer of a | ||||||
3 | friendly foreign government entering the United States | ||||||
4 | on official business; or | ||||||
5 | (5) one who has received a waiver from the | ||||||
6 | Attorney General of the United States pursuant to 18 | ||||||
7 | U.S.C. 922(y)(3); | ||||||
8 | (j) (Blank); | ||||||
9 | (k) A person who has been convicted within the past 5 | ||||||
10 | years of battery, assault, aggravated assault, violation | ||||||
11 | of an order of protection, or a substantially similar | ||||||
12 | offense in another jurisdiction, in which a firearm was | ||||||
13 | used or possessed; | ||||||
14 | (l) A person who has been convicted of domestic | ||||||
15 | battery, aggravated domestic battery, or a substantially | ||||||
16 | similar offense in another jurisdiction committed before, | ||||||
17 | on or after January 1, 2012 (the effective date of Public | ||||||
18 | Act 97-158). If the applicant or person who has been | ||||||
19 | previously issued a Firearm Owner's Identification Card | ||||||
20 | under this Act knowingly and intelligently waives the | ||||||
21 | right to have an offense described in this paragraph (l) | ||||||
22 | tried by a jury, and by guilty plea or otherwise, results | ||||||
23 | in a conviction for an offense in which a domestic | ||||||
24 | relationship is not a required element of the offense but | ||||||
25 | in which a determination of the applicability of 18 U.S.C. | ||||||
26 | 922(g)(9) is made under Section 112A-11.1 of the Code of |
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1 | Criminal Procedure of 1963, an entry by the court of a | ||||||
2 | judgment of conviction for that offense shall be grounds | ||||||
3 | for denying an application for and for revoking and | ||||||
4 | seizing a Firearm Owner's Identification Card previously | ||||||
5 | issued to the person under this Act; | ||||||
6 | (m) (Blank); | ||||||
7 | (n) A person who is prohibited from acquiring or | ||||||
8 | possessing firearms or firearm ammunition by any Illinois | ||||||
9 | State statute or by federal law; | ||||||
10 | (o) A minor subject to a petition filed under Section | ||||||
11 | 5-520 of the Juvenile Court Act of 1987 alleging that the | ||||||
12 | minor is a delinquent minor for the commission of an | ||||||
13 | offense that if committed by an adult would be a felony; | ||||||
14 | (p) An adult who had been adjudicated a delinquent | ||||||
15 | minor under the Juvenile Court Act of 1987 for the | ||||||
16 | commission of an offense that if committed by an adult | ||||||
17 | would be a felony; | ||||||
18 | (q) A person who is not a resident of the State of | ||||||
19 | Illinois, except as provided in subsection (a-10) of | ||||||
20 | Section 4; | ||||||
21 | (r) A person who has been adjudicated as a person with | ||||||
22 | a mental disability; | ||||||
23 | (s) A person who has been found to have a | ||||||
24 | developmental disability; | ||||||
25 | (t) A person involuntarily admitted into a mental | ||||||
26 | health facility; or |
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1 | (u) A person who has had his or her Firearm Owner's | ||||||
2 | Identification Card revoked or denied under subsection (e) | ||||||
3 | of this Section or item (iv) of paragraph (2) of | ||||||
4 | subsection (a) of Section 4 of this Act because the | ||||||
5 | applicant he or she was a patient in a mental health | ||||||
6 | facility as provided in subsection (e) of this Section, | ||||||
7 | shall not be permitted to obtain a Firearm Owner's | ||||||
8 | Identification Card, after the 5-year period has lapsed, | ||||||
9 | unless the applicant he or she has received a mental | ||||||
10 | health evaluation by a physician, clinical psychologist, | ||||||
11 | or qualified examiner as those terms are defined in the | ||||||
12 | Mental Health and Developmental Disabilities Code, and has | ||||||
13 | received a certification that the applicant he or she is | ||||||
14 | not a clear and present danger to himself, herself, or | ||||||
15 | others. The physician, clinical psychologist, or qualified | ||||||
16 | examiner making the certification and his or her employer | ||||||
17 | shall not be held criminally, civilly, or professionally | ||||||
18 | liable for making or not making the certification required | ||||||
19 | under this subsection, except for willful or wanton | ||||||
20 | misconduct. This subsection does not apply to a person | ||||||
21 | whose firearm possession rights have been restored through | ||||||
22 | administrative or judicial action under Section 10 or 11 | ||||||
23 | of this Act. | ||||||
24 | Upon revocation of a person's Firearm Owner's | ||||||
25 | Identification Card, the Illinois State Police shall provide | ||||||
26 | notice to the person and the person shall comply with Section |
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1 | 9.5 of this Act. | ||||||
2 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
3 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
4 | 5-27-22; 102-1116, eff. 1-10-23.) | ||||||
5 | (430 ILCS 65/13.4) | ||||||
6 | Sec. 13.4. Illinois State Police; rule making authority. | ||||||
7 | (a) The Illinois State Police shall by rule adopt the | ||||||
8 | following procedures: | ||||||
9 | (1) When a person who possesses a valid Firearm | ||||||
10 | Owner's Identification Card applies for and is approved | ||||||
11 | for a concealed carry license, the valid Firearm Owner's | ||||||
12 | Identification Card is renewed for 10 years from the time | ||||||
13 | of approval instead of 10 years from the date of the | ||||||
14 | original card. | ||||||
15 | (2) If a person is eligible for both a Firearm Owner's | ||||||
16 | Identification Card and a concealed carry license, the | ||||||
17 | Illinois State Police shall by rule create one card that | ||||||
18 | may be used as both a Firearm Owner's Identification Card | ||||||
19 | and a concealed carry license. A combined Firearm Owner's | ||||||
20 | Identification Card and concealed carry license shall be | ||||||
21 | considered a valid card for the purposes of this Act. If a | ||||||
22 | person who possesses a combined Firearm Owner's | ||||||
23 | Identification Card and a concealed carry license becomes | ||||||
24 | subject to suspension or revocation under the Firearm | ||||||
25 | Concealed Carry Act, but is otherwise eligible for a valid |
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1 | Firearm Owner's Identification Card, the Illinois State | ||||||
2 | Police shall ensure the person's Firearm Owner's | ||||||
3 | Identification Card status is not interrupted. The | ||||||
4 | Illinois State Police shall adopt rules to implement this | ||||||
5 | Section. | ||||||
6 | (b) The Illinois State Police shall adopt rules that | ||||||
7 | define "hands-on firearm safety training" including how the | ||||||
8 | training is conducted, how many hours is sufficient, who may | ||||||
9 | conduct the training, and what constitutes proof for the | ||||||
10 | purposes of a Firearm Owner's Identification Card application. | ||||||
11 | (Source: P.A. 102-237, eff. 1-1-22 .) | ||||||
12 | Section 10. The Criminal Code of 2012 is amended by | ||||||
13 | changing Sections 24-3.1 and 24-3.5 as follows: | ||||||
14 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1) | ||||||
15 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
16 | ammunition. | ||||||
17 | (a) A person commits the offense of unlawful possession of | ||||||
18 | firearms or firearm ammunition when: | ||||||
19 | (1) He is under 18 years of age and has in his | ||||||
20 | possession any firearm of a size which may be concealed | ||||||
21 | upon the person; or | ||||||
22 | (2) He is under 21 years of age, has been convicted of | ||||||
23 | a misdemeanor other than a traffic offense or adjudged | ||||||
24 | delinquent and has any firearms or firearm ammunition in |
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1 | his possession; or | ||||||
2 | (3) He is a narcotic addict and has any firearms or | ||||||
3 | firearm ammunition in his possession; or | ||||||
4 | (4) He has been a patient in a mental institution | ||||||
5 | within the past 5 years and has any firearms or firearm | ||||||
6 | ammunition in his possession. For purposes of this | ||||||
7 | paragraph (4): | ||||||
8 | "Mental institution" means any hospital, | ||||||
9 | institution, clinic, evaluation facility, mental | ||||||
10 | health center, or part thereof, which is used | ||||||
11 | primarily for the care or treatment of persons with | ||||||
12 | mental illness. | ||||||
13 | "Patient in a mental institution" means the person | ||||||
14 | was admitted, either voluntarily or involuntarily, to | ||||||
15 | a mental institution for mental health treatment, | ||||||
16 | unless the treatment was voluntary and solely for an | ||||||
17 | alcohol abuse disorder and no other secondary | ||||||
18 | substance abuse disorder or mental illness; or | ||||||
19 | (5) He is a person with an intellectual disability and | ||||||
20 | has any firearms or firearm ammunition in his possession; | ||||||
21 | or | ||||||
22 | (6) He has in his possession any explosive bullet. | ||||||
23 | For purposes of this paragraph "explosive bullet" means | ||||||
24 | the projectile portion of an ammunition cartridge which | ||||||
25 | contains or carries an explosive charge which will explode | ||||||
26 | upon contact with the flesh of a human or an animal. |
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1 | "Cartridge" means a tubular metal case having a projectile | ||||||
2 | affixed at the front thereof and a cap or primer at the rear | ||||||
3 | end thereof, with the propellant contained in such tube | ||||||
4 | between the projectile and the cap. | ||||||
5 | (b) Sentence. | ||||||
6 | Unlawful possession of firearms, other than handguns, and | ||||||
7 | firearm ammunition is a Class A misdemeanor. Unlawful | ||||||
8 | possession of handguns is a Class 4 felony. The possession of | ||||||
9 | each firearm or firearm ammunition in violation of this | ||||||
10 | Section constitutes a single and separate violation. | ||||||
11 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
12 | Section prohibits a person under 18 years of age from | ||||||
13 | participating in any lawful recreational activity with a | ||||||
14 | firearm such as, but not limited to, practice shooting at | ||||||
15 | targets upon established public or private target ranges or | ||||||
16 | hunting, trapping, or fishing in accordance with the Wildlife | ||||||
17 | Code or the Fish and Aquatic Life Code or from participating in | ||||||
18 | authorized hands-on firearm safety training as defined by | ||||||
19 | rules adopted by the Illinois State Police . | ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
21 | (720 ILCS 5/24-3.5) | ||||||
22 | Sec. 24-3.5. Unlawful purchase of a firearm. | ||||||
23 | (a) For purposes of this Section, "firearms transaction | ||||||
24 | record form" means a form: | ||||||
25 | (1) executed by a transferee of a firearm stating: (i) |
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1 | the transferee's name and address (including county or | ||||||
2 | similar political subdivision); (ii) whether the | ||||||
3 | transferee is a citizen of the United States; (iii) the | ||||||
4 | transferee's State of residence; and (iv) the date and | ||||||
5 | place of birth, height, weight, and race of the | ||||||
6 | transferee; and | ||||||
7 | (2) on which the transferee certifies that he or she | ||||||
8 | is not prohibited by federal law from transporting or | ||||||
9 | shipping a firearm in interstate or foreign commerce or | ||||||
10 | receiving a firearm that has been shipped or transported | ||||||
11 | in interstate or foreign commerce or possessing a firearm | ||||||
12 | in or affecting commerce. | ||||||
13 | (b) A person commits the offense of unlawful purchase of a | ||||||
14 | firearm who knowingly purchases or attempts to purchase a | ||||||
15 | firearm with the intent to deliver that firearm to another | ||||||
16 | person who is prohibited by federal or State law from | ||||||
17 | possessing a firearm. | ||||||
18 | (c) A person commits the offense of unlawful purchase of a | ||||||
19 | firearm when he or she, in purchasing or attempting to | ||||||
20 | purchase a firearm, intentionally provides false or misleading | ||||||
21 | information on a United States Department of the Treasury, | ||||||
22 | Bureau of Alcohol, Tobacco and Firearms firearms transaction | ||||||
23 | record form. | ||||||
24 | (c-1) A person commits unlawful purchase of a firearm when | ||||||
25 | the person purchases a firearm before the completion of | ||||||
26 | hands-on firearm safety training as defined by rules adopted |
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1 | by the Illinois State Police. | ||||||
2 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
3 | this Section for a person to make a gift or loan of a firearm | ||||||
4 | to a person who is not prohibited by federal or State law from | ||||||
5 | possessing a firearm if the transfer of the firearm is made in | ||||||
6 | accordance with Section 3 of the Firearm Owners Identification | ||||||
7 | Card Act. | ||||||
8 | (e) Sentence. | ||||||
9 | (1) A person who commits the offense of unlawful | ||||||
10 | purchase of a firearm: | ||||||
11 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
12 | attempting to purchase one firearm; | ||||||
13 | (B) is guilty of a Class 1 felony for purchasing or | ||||||
14 | attempting to purchase not less than 2 firearms and | ||||||
15 | not more than 5 firearms at the same time or within a | ||||||
16 | one year period; | ||||||
17 | (C) is guilty of a Class X felony for which the | ||||||
18 | offender shall be sentenced to a term of imprisonment | ||||||
19 | of not less than 9 years and not more than 40 years for | ||||||
20 | purchasing or attempting to purchase not less than 6 | ||||||
21 | firearms at the same time or within a 2 year period. | ||||||
22 | (2) In addition to any other penalty that may be | ||||||
23 | imposed for a violation of this Section, the court may | ||||||
24 | sentence a person convicted of a violation of subsection | ||||||
25 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
26 | each violation. |
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1 | (f) A prosecution for unlawful purchase of a firearm may | ||||||
2 | be commenced within 6 years after the commission of the | ||||||
3 | offense. | ||||||
4 | (Source: P.A. 95-882, eff. 1-1-09.) |