95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2813

 

Introduced 2/15/2008, by Sen. Gary Forby

 

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. 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. Effective immediately.


LRB095 19484 RLC 45780 b

 

 

A BILL FOR

 

SB2813 LRB095 19484 RLC 45780 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 Sections 4 and 8 as follows:
 
6     (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7     (Text of Section before amendment by P.A. 95-581)
8     Sec. 4. (a) Each applicant for a Firearm Owner's
9 Identification Card must:
10
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) He or she is 18 21 years of age or over, or if
19         he or she is under 18 21 years of age that he or she has
20         the written consent of his or her parent or legal
21         guardian to possess and acquire firearms and firearm
22         ammunition and that, if he or she is under 21 years of
23         age, he or she has never been convicted of a

 

 

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1         misdemeanor other than a traffic offense or adjudged
2         delinquent, provided, however, that such parent or
3         legal guardian of an applicant under 18 years of age is
4         not an individual prohibited from having a Firearm
5         Owner's Identification Card and files an affidavit
6         with the Department as prescribed by the Department
7         stating that he or she is not an individual prohibited
8         from having a Card;
9             (ii) He or she has not been convicted of a felony
10         under the laws of this or any other jurisdiction;
11             (iii) He or she is not addicted to narcotics;
12             (iv) He or she has not been a patient in a mental
13         institution within the past 5 years;
14             (v) He or she is not mentally retarded;
15             (vi) He or she is not an alien who is unlawfully
16         present in the United States under the laws of the
17         United States;
18             (vii) He or she is not subject to an existing order
19         of protection prohibiting him or her from possessing a
20         firearm;
21             (viii) He or she has not been convicted within the
22         past 5 years of battery, assault, aggravated assault,
23         violation of an order of protection, or a substantially
24         similar offense in another jurisdiction, in which a
25         firearm was used or possessed;
26             (ix) He or she has not been convicted of domestic

 

 

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1         battery or a substantially similar offense in another
2         jurisdiction committed on or after the effective date
3         of this amendatory Act of 1997;
4             (x) He or she has not been convicted within the
5         past 5 years of domestic battery or a substantially
6         similar offense in another jurisdiction committed
7         before the effective date of this amendatory Act of
8         1997;
9             (xi) He or she is not an alien who has been
10         admitted to the United States under a non-immigrant
11         visa (as that term is defined in Section 101(a)(26) of
12         the Immigration and Nationality Act (8 U.S.C.
13         1101(a)(26))), or that he or she is an alien who has
14         been lawfully admitted to the United States under a
15         non-immigrant visa if that alien is:
16                 (1) admitted to the United States for lawful
17             hunting or sporting purposes;
18                 (2) an official representative of a foreign
19             government who is:
20                     (A) accredited to the United States
21                 Government or the Government's mission to an
22                 international organization having its
23                 headquarters in the United States; or
24                     (B) en route to or from another country to
25                 which that alien is accredited;
26                 (3) an official of a foreign government or

 

 

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1             distinguished foreign visitor who has been so
2             designated by the Department of State;
3                 (4) a foreign law enforcement officer of a
4             friendly foreign government entering the United
5             States on official business; or
6                 (5) one who has received a waiver from the
7             Attorney General of the United States pursuant to
8             18 U.S.C. 922(y)(3);
9             (xii) He or she is not a minor subject to a
10         petition filed under Section 5-520 of the Juvenile
11         Court Act of 1987 alleging that the minor is a
12         delinquent minor for the commission of an offense that
13         if committed by an adult would be a felony; and
14             (xiii) He or she is not an adult who had been
15         adjudicated a delinquent minor under the Juvenile
16         Court Act of 1987 for the commission of an offense that
17         if committed by an adult would be a felony; and
18         (3) Upon request by the Department of State Police,
19     sign a release on a form prescribed by the Department of
20     State Police waiving any right to confidentiality and
21     requesting the disclosure to the Department of State Police
22     of limited mental health institution admission information
23     from another state, the District of Columbia, any other
24     territory of the United States, or a foreign nation
25     concerning the applicant for the sole purpose of
26     determining whether the applicant is or was a patient in a

 

 

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1     mental health institution and disqualified because of that
2     status from receiving a Firearm Owner's Identification
3     Card. No mental health care or treatment records may be
4     requested. The information received shall be destroyed
5     within one year of receipt.
6     (a-5) Each applicant for a Firearm Owner's Identification
7 Card who is over the age of 18 shall furnish to the Department
8 of State Police either his or her driver's license number or
9 Illinois Identification Card number.
10     (a-10) Each applicant for a Firearm Owner's Identification
11 Card, who is employed as an armed security officer at a nuclear
12 energy, storage, weapons, or development facility regulated by
13 the Nuclear Regulatory Commission and who is not an Illinois
14 resident, shall furnish to the Department of State Police his
15 or her driver's license number or state identification card
16 number from his or her state of residence. The Department of
17 State Police may promulgate rules to enforce the provisions of
18 this subsection (a-10).
19     (b) Each application form shall include the following
20 statement printed in bold type: "Warning: Entering false
21 information on an application for a Firearm Owner's
22 Identification Card is punishable as a Class 2 felony in
23 accordance with subsection (d-5) of Section 14 of the Firearm
24 Owners Identification Card Act.".
25     (c) Upon such written consent, pursuant to Section 4,
26 paragraph (a)(2)(i), the parent or legal guardian giving the

 

 

SB2813 - 6 - LRB095 19484 RLC 45780 b

1 consent shall be liable for any damages resulting from the
2 applicant's use of firearms or firearm ammunition.
3 (Source: P.A. 92-442, eff. 8-17-01; 92-839, eff. 8-22-02;
4 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)
 
5     (Text of Section after amendment by P.A. 95-581)
6     Sec. 4. (a) Each applicant for a Firearm Owner's
7 Identification Card must:
8
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

 

 

SB2813 - 7 - LRB095 19484 RLC 45780 b

1         Owner's Identification Card and files an affidavit
2         with the Department as prescribed by the Department
3         stating that he or she is not an individual prohibited
4         from having a Card;
5             (ii) He or she has not been convicted of a felony
6         under the laws of this or any other jurisdiction;
7             (iii) He or she is not addicted to narcotics;
8             (iv) He or she has not been a patient in a mental
9         institution within the past 5 years and he or she has
10         not been adjudicated as a mental defective;
11             (v) He or she is not mentally retarded;
12             (vi) He or she is not an alien who is unlawfully
13         present in the United States under the laws of the
14         United States;
15             (vii) He or she is not subject to an existing order
16         of protection prohibiting him or her from possessing a
17         firearm;
18             (viii) He or she has not been convicted within the
19         past 5 years of battery, assault, aggravated assault,
20         violation of an order of protection, or a substantially
21         similar offense in another jurisdiction, in which a
22         firearm was used or possessed;
23             (ix) He or she has not been convicted of domestic
24         battery or a substantially similar offense in another
25         jurisdiction committed on or after the effective date
26         of this amendatory Act of 1997;

 

 

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1             (x) He or she has not been convicted within the
2         past 5 years of domestic battery or a substantially
3         similar offense in another jurisdiction committed
4         before the effective date of this amendatory Act of
5         1997;
6             (xi) He or she is not an alien who has been
7         admitted to the United States under a non-immigrant
8         visa (as that term is defined in Section 101(a)(26) of
9         the Immigration and Nationality Act (8 U.S.C.
10         1101(a)(26))), or that he or she is an alien who has
11         been lawfully admitted to the United States under a
12         non-immigrant visa if that alien is:
13                 (1) admitted to the United States for lawful
14             hunting or sporting purposes;
15                 (2) an official representative of a foreign
16             government who is:
17                     (A) accredited to the United States
18                 Government or the Government's mission to an
19                 international organization having its
20                 headquarters in the United States; or
21                     (B) en route to or from another country to
22                 which that alien is accredited;
23                 (3) an official of a foreign government or
24             distinguished foreign visitor who has been so
25             designated by the Department of State;
26                 (4) a foreign law enforcement officer of a

 

 

SB2813 - 9 - LRB095 19484 RLC 45780 b

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

 

 

SB2813 - 10 - LRB095 19484 RLC 45780 b

1     requested. The information received shall be destroyed
2     within one year of receipt.
3     (a-5) Each applicant for a Firearm Owner's Identification
4 Card who is over the age of 18 shall furnish to the Department
5 of State Police either his or her driver's license number or
6 Illinois Identification Card number.
7     (a-10) Each applicant for a Firearm Owner's Identification
8 Card, who is employed as an armed security officer at a nuclear
9 energy, storage, weapons, or development facility regulated by
10 the Nuclear Regulatory Commission and who is not an Illinois
11 resident, shall furnish to the Department of State Police his
12 or her driver's license number or state identification card
13 number from his or her state of residence. The Department of
14 State Police may promulgate rules to enforce the provisions of
15 this subsection (a-10).
16     (b) Each application form shall include the following
17 statement printed in bold type: "Warning: Entering false
18 information on an application for a Firearm Owner's
19 Identification Card is punishable as a Class 2 felony in
20 accordance with subsection (d-5) of Section 14 of the Firearm
21 Owners Identification Card Act.".
22     (c) Upon such written consent, pursuant to Section 4,
23 paragraph (a)(2)(i), the parent or legal guardian giving the
24 consent shall be liable for any damages resulting from the
25 applicant's use of firearms or firearm ammunition.
26 (Source: P.A. 95-581, eff. 6-1-08.)
 

 

 

SB2813 - 11 - LRB095 19484 RLC 45780 b

1     (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
2     (Text of Section before amendment by P.A. 95-581)
3     Sec. 8. The Department of State Police has authority to
4 deny an application for or to revoke and seize a Firearm
5 Owner's Identification Card previously issued under this Act
6 only if the Department finds that the applicant or the person
7 to whom such card was issued is or was at the time of issuance:
8     (a) A person under 21 years of age who has been convicted
9 of a misdemeanor other than a traffic offense or adjudged
10 delinquent;
11     (b) A person under 18 21 years of age who does not have the
12 written consent of his parent or guardian to acquire and
13 possess firearms and firearm ammunition, or whose parent or
14 guardian has revoked such written consent, or where such parent
15 or guardian does not qualify to have a Firearm Owner's
16 Identification Card;
17     (c) A person convicted of a felony under the laws of this
18 or any other jurisdiction;
19     (d) A person addicted to narcotics;
20     (e) A person who has been a patient of a mental institution
21 within the past 5 years;
22     (f) A person whose mental condition is of such a nature
23 that it poses a clear and present danger to the applicant, any
24 other person or persons or the community;
25     For the purposes of this Section, "mental condition" means

 

 

SB2813 - 12 - LRB095 19484 RLC 45780 b

1 a state of mind manifested by violent, suicidal, threatening or
2 assaultive behavior.
3     (g) A person who is mentally retarded;
4     (h) A person who intentionally makes a false statement in
5 the Firearm Owner's Identification Card application;
6     (i) An alien who is unlawfully present in the United States
7 under the laws of the United States;
8     (i-5) An alien who has been admitted to the United States
9 under a non-immigrant visa (as that term is defined in Section
10 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
11 1101(a)(26))), except that this subsection (i-5) does not apply
12 to any alien who has been lawfully admitted to the United
13 States under a non-immigrant visa if that alien is:
14         (1) admitted to the United States for lawful hunting or
15     sporting purposes;
16         (2) an official representative of a foreign government
17     who is:
18             (A) accredited to the United States Government or
19         the Government's mission to an international
20         organization having its headquarters in the United
21         States; or
22             (B) en route to or from another country to which
23         that alien is accredited;
24         (3) an official of a foreign government or
25     distinguished foreign visitor who has been so designated by
26     the Department of State;

 

 

SB2813 - 13 - LRB095 19484 RLC 45780 b

1         (4) a foreign law enforcement officer of a friendly
2     foreign government entering the United States on official
3     business; or
4         (5) one who has received a waiver from the Attorney
5     General of the United States pursuant to 18 U.S.C.
6     922(y)(3);
7     (j) A person who is subject to an existing order of
8 protection prohibiting him or her from possessing a firearm;
9     (k) A person who has been convicted within the past 5 years
10 of battery, assault, aggravated assault, violation of an order
11 of protection, or a substantially similar offense in another
12 jurisdiction, in which a firearm was used or possessed;
13     (l) A person who has been convicted of domestic battery or
14 a substantially similar offense in another jurisdiction
15 committed on or after January 1, 1998;
16     (m) A person who has been convicted within the past 5 years
17 of domestic battery or a substantially similar offense in
18 another jurisdiction committed before January 1, 1998;
19     (n) A person who is prohibited from acquiring or possessing
20 firearms or firearm ammunition by any Illinois State statute or
21 by federal law;
22     (o) A minor subject to a petition filed under Section 5-520
23 of the Juvenile Court Act of 1987 alleging that the minor is a
24 delinquent minor for the commission of an offense that if
25 committed by an adult would be a felony; or
26     (p) An adult who had been adjudicated a delinquent minor

 

 

SB2813 - 14 - LRB095 19484 RLC 45780 b

1 under the Juvenile Court Act of 1987 for the commission of an
2 offense that if committed by an adult would be a felony.
3 (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)
 
4     (Text of Section after amendment by P.A. 95-581)
5     Sec. 8. The Department of State Police has authority to
6 deny an application for or to revoke and seize a Firearm
7 Owner's Identification Card previously issued under this Act
8 only if the Department finds that the applicant or the person
9 to whom such card was issued is or was at the time of issuance:
10     (a) A person under 21 years of age who has been convicted
11 of a misdemeanor other than a traffic offense or adjudged
12 delinquent;
13     (b) A person under 18 21 years of age who does not have the
14 written consent of his parent or guardian to acquire and
15 possess firearms and firearm ammunition, or whose parent or
16 guardian has revoked such written consent, or where such parent
17 or guardian does not qualify to have a Firearm Owner's
18 Identification Card;
19     (c) A person convicted of a felony under the laws of this
20 or any other jurisdiction;
21     (d) A person addicted to narcotics;
22     (e) A person who has been a patient of a mental institution
23 within the past 5 years or has been adjudicated as a mental
24 defective;
25     (f) A person whose mental condition is of such a nature

 

 

SB2813 - 15 - LRB095 19484 RLC 45780 b

1 that it poses a clear and present danger to the applicant, any
2 other person or persons or the community;
3     For the purposes of this Section, "mental condition" means
4 a state of mind manifested by violent, suicidal, threatening or
5 assaultive behavior.
6     (g) A person who is mentally retarded;
7     (h) A person who intentionally makes a false statement in
8 the Firearm Owner's Identification Card application;
9     (i) An alien who is unlawfully present in the United States
10 under the laws of the United States;
11     (i-5) An alien who has been admitted to the United States
12 under a non-immigrant visa (as that term is defined in Section
13 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
14 1101(a)(26))), except that this subsection (i-5) does not apply
15 to any alien who has been lawfully admitted to the United
16 States under a non-immigrant visa if that alien is:
17         (1) admitted to the United States for lawful hunting or
18     sporting purposes;
19         (2) an official representative of a foreign government
20     who is:
21             (A) accredited to the United States Government or
22         the Government's mission to an international
23         organization having its headquarters in the United
24         States; or
25             (B) en route to or from another country to which
26         that alien is accredited;

 

 

SB2813 - 16 - LRB095 19484 RLC 45780 b

1         (3) an official of a foreign government or
2     distinguished foreign visitor who has been so designated by
3     the Department of State;
4         (4) a foreign law enforcement officer of a friendly
5     foreign government entering the United States on official
6     business; or
7         (5) one who has received a waiver from the Attorney
8     General of the United States pursuant to 18 U.S.C.
9     922(y)(3);
10     (j) A person who is subject to an existing order of
11 protection prohibiting him or her from possessing a firearm;
12     (k) A person who has been convicted within the past 5 years
13 of battery, assault, aggravated assault, violation of an order
14 of protection, or a substantially similar offense in another
15 jurisdiction, in which a firearm was used or possessed;
16     (l) A person who has been convicted of domestic battery or
17 a substantially similar offense in another jurisdiction
18 committed on or after January 1, 1998;
19     (m) A person who has been convicted within the past 5 years
20 of domestic battery or a substantially similar offense in
21 another jurisdiction committed before January 1, 1998;
22     (n) A person who is prohibited from acquiring or possessing
23 firearms or firearm ammunition by any Illinois State statute or
24 by federal law;
25     (o) A minor subject to a petition filed under Section 5-520
26 of the Juvenile Court Act of 1987 alleging that the minor is a

 

 

SB2813 - 17 - LRB095 19484 RLC 45780 b

1 delinquent minor for the commission of an offense that if
2 committed by an adult would be a felony; or
3     (p) An adult who had been adjudicated a delinquent minor
4 under the Juvenile Court Act of 1987 for the commission of an
5 offense that if committed by an adult would be a felony.
6 (Source: P.A. 95-581, eff. 6-1-08.)
 
7     Section 95. No acceleration or delay. Where this Act makes
8 changes in a statute that is represented in this Act by text
9 that is not yet or no longer in effect (for example, a Section
10 represented by multiple versions), the use of that text does
11 not accelerate or delay the taking effect of (i) the changes
12 made by this Act or (ii) provisions derived from any other
13 Public Act.
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.