99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6331

 

Introduced 2/11/2016, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police also has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Department finds that the applicant or the person to whom the card was issued is or was at the time of issuance: (1) a person who is subject to an order of protection, or similar protective order entered by another state, tribal, or territorial court; or (2) a person who is subject to a stalking no contact order prohibiting him or her from possessing a firearm. Provides that in counties with more than 3,000,000 inhabitants, in conjunction with the service of the protective order, the sheriff may serve a notice of revocation on behalf of the Department of State Police if the revocation is based on the issuance of an order of protection or of a stalking no contact order that prohibits the person from possessing a firearm. Provides that if the person is served by the sheriff with a notice of revocation based on the issuance of an order of protection or of a stalking no contact order that prohibits the person from possessing a firearm, establishes procedures for the person to surrender his or her firearms and Firearm Owner's Identification Card.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6331LRB099 19516 RLC 43909 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 4, 8, 9, and 9.5 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. (a) Each applicant for a Firearm Owner's
8Identification 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 21 years of age or over, or if he
17        or she is under 21 years of age that he or she has the
18        written consent of his or her parent or legal guardian
19        to possess and acquire firearms and firearm ammunition
20        and that he or she has never been convicted of a
21        misdemeanor other than a traffic offense or adjudged
22        delinquent, provided, however, that such parent or
23        legal guardian is not an individual prohibited from

 

 

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1        having a Firearm Owner's Identification Card and files
2        an affidavit with the Department as prescribed by the
3        Department stating that he or she is not an individual
4        prohibited 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        health facility within the past 5 years or, if he or
10        she has been a patient in a mental health facility more
11        than 5 years ago submit the certification required
12        under subsection (u) of Section 8 of this Act;
13            (v) He or she is not a person with an intellectual
14        disability;
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, or similar protective order entered by
21        another state, tribal, or territorial court;
22            (viii) He or she has not been convicted within the
23        past 5 years of battery, assault, aggravated assault,
24        violation of an order of protection, or a substantially
25        similar offense in another jurisdiction, in which a
26        firearm was used or possessed;

 

 

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1            (ix) He or she has not been convicted of domestic
2        battery, aggravated domestic battery, or a
3        substantially similar offense in another jurisdiction
4        committed before, on or after January 1, 2012 (the
5        effective date of Public Act 97-158). If the applicant
6        knowingly and intelligently waives the right to have an
7        offense described in this clause (ix) tried by a jury,
8        and by guilty plea or otherwise, results in a
9        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 18
12        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
13        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            (ix-5) He or she is not subject to a stalking no
18        contact order prohibiting him or her from possessing a
19        firearm;
20            (x) (Blank);
21            (xi) He or she is not an alien who has been
22        admitted to the United States under a non-immigrant
23        visa (as that term is defined in Section 101(a)(26) of
24        the Immigration and Nationality Act (8 U.S.C.
25        1101(a)(26))), or that he or she is an alien who has
26        been lawfully admitted to the United States under a

 

 

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1        non-immigrant visa if that alien is:
2                (1) admitted to the United States for lawful
3            hunting or sporting purposes;
4                (2) an official representative of a foreign
5            government who is:
6                    (A) accredited to the United States
7                Government or the Government's mission to an
8                international organization having its
9                headquarters in the United States; or
10                    (B) en route to or from another country to
11                which that alien is accredited;
12                (3) an official of a foreign government or
13            distinguished foreign visitor who has been so
14            designated by the Department of State;
15                (4) a foreign law enforcement officer of a
16            friendly foreign government entering the United
17            States on official business; or
18                (5) one who has received a waiver from the
19            Attorney General of the United States pursuant to
20            18 U.S.C. 922(y)(3);
21            (xii) He or she is not a minor subject to a
22        petition filed under Section 5-520 of the Juvenile
23        Court Act of 1987 alleging that the minor is a
24        delinquent minor for the commission of an offense that
25        if committed by an adult would be a felony;
26            (xiii) He or she is not an adult who had been

 

 

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1        adjudicated a delinquent minor under the Juvenile
2        Court Act of 1987 for the commission of an offense that
3        if committed by an adult would be a felony;
4            (xiv) He or she is a resident of the State of
5        Illinois;
6            (xv) He or she has not been adjudicated as a person
7        with a mental disability;
8            (xvi) He or she has not been involuntarily admitted
9        into a mental health facility; and
10            (xvii) He or she is not a person with a
11        developmental disability; and
12        (3) Upon request by the Department of State Police,
13    sign a release on a form prescribed by the Department of
14    State Police waiving any right to confidentiality and
15    requesting the disclosure to the Department of State Police
16    of limited mental health institution admission information
17    from another state, the District of Columbia, any other
18    territory of the United States, or a foreign nation
19    concerning the applicant for the sole purpose of
20    determining whether the applicant is or was a patient in a
21    mental health institution and disqualified because of that
22    status from receiving a Firearm Owner's Identification
23    Card. No mental health care or treatment records may be
24    requested. The information received shall be destroyed
25    within one year of receipt.
26    (a-5) Each applicant for a Firearm Owner's Identification

 

 

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1Card who is over the age of 18 shall furnish to the Department
2of State Police either his or her Illinois driver's license
3number or Illinois Identification Card number, except as
4provided in subsection (a-10).
5    (a-10) Each applicant for a Firearm Owner's Identification
6Card, who is employed as a law enforcement officer, an armed
7security officer in Illinois, or by the United States Military
8permanently assigned in Illinois and who is not an Illinois
9resident, shall furnish to the Department of State Police his
10or her driver's license number or state identification card
11number from his or her state of residence. The Department of
12State Police may adopt rules to enforce the provisions of this
13subsection (a-10).
14    (a-15) If an applicant applying for a Firearm Owner's
15Identification Card moves from the residence address named in
16the application, he or she shall immediately notify in a form
17and manner prescribed by the Department of State Police of that
18change of address.
19    (a-20) Each applicant for a Firearm Owner's Identification
20Card shall furnish to the Department of State Police his or her
21photograph. An applicant who is 21 years of age or older
22seeking a religious exemption to the photograph requirement
23must furnish with the application an approved copy of United
24States Department of the Treasury Internal Revenue Service Form
254029. In lieu of a photograph, an applicant regardless of age
26seeking a religious exemption to the photograph requirement

 

 

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1shall submit fingerprints on a form and manner prescribed by
2the Department with his or her application.
3    (b) Each application form shall include the following
4statement printed in bold type: "Warning: Entering false
5information on an application for a Firearm Owner's
6Identification Card is punishable as a Class 2 felony in
7accordance with subsection (d-5) of Section 14 of the Firearm
8Owners Identification Card Act.".
9    (c) Upon such written consent, pursuant to Section 4,
10paragraph (a)(2)(i), the parent or legal guardian giving the
11consent shall be liable for any damages resulting from the
12applicant's use of firearms or firearm ammunition.
13(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
14    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
15    Sec. 8. Grounds for denial and revocation. The Department
16of State Police has authority to deny an application for or to
17revoke and seize a Firearm Owner's Identification Card
18previously issued under this Act only if the Department finds
19that the applicant or the person to whom such card was issued
20is or was at the time of issuance:
21        (a) A person under 21 years of age who has been
22    convicted of a misdemeanor other than a traffic offense or
23    adjudged delinquent;
24        (b) A person under 21 years of age who does not have
25    the written consent of his parent or guardian to acquire

 

 

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1    and possess firearms and firearm ammunition, or whose
2    parent or guardian has revoked such written consent, or
3    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 who is denied,
14    revoked, or has his or her Firearm Owner's Identification
15    Card seized under this subsection (e) may obtain relief as
16    described in subsection (c-5) of Section 10 of this Act if
17    the officer did not act in a manner threatening to the
18    officer, another person, or the public as determined by the
19    treating clinical psychologist or physician, and the
20    officer seeks mental health treatment;
21        (f) A person whose mental condition is of such a nature
22    that it poses a clear and present danger to the applicant,
23    any other person or persons or the community;
24        (g) A person who has an intellectual disability;
25        (h) A person who intentionally makes a false statement
26    in the Firearm Owner's Identification Card application;

 

 

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1        (i) An alien who is unlawfully present in the United
2    States under the laws of the United States;
3        (i-5) An alien who has been admitted to the United
4    States under a non-immigrant visa (as that term is defined
5    in Section 101(a)(26) of the Immigration and Nationality
6    Act (8 U.S.C. 1101(a)(26))), except that this subsection
7    (i-5) does not apply to any alien who has been lawfully
8    admitted to the United States under a non-immigrant visa if
9    that alien is:
10            (1) admitted to the United States for lawful
11        hunting or sporting purposes;
12            (2) an official representative of a foreign
13        government who is:
14                (A) accredited to the United States Government
15            or the Government's mission to an international
16            organization having its headquarters in the United
17            States; or
18                (B) en route to or from another country to
19            which that alien is accredited;
20            (3) an official of a foreign government or
21        distinguished foreign visitor who has been so
22        designated by the Department of State;
23            (4) a foreign law enforcement officer of a friendly
24        foreign government entering the United States on
25        official business; or
26            (5) one who has received a waiver from the Attorney

 

 

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1        General of the United States pursuant to 18 U.S.C.
2        922(y)(3);
3        (i-6) A person who is subject to an order of
4    protection, or similar protective order entered by another
5    state, tribal, or territorial court;
6        (j) (Blank);
7        (k) A person who has been convicted within the past 5
8    years of battery, assault, aggravated assault, violation
9    of an order of protection, or a substantially similar
10    offense in another jurisdiction, in which a firearm was
11    used or possessed;
12        (l) A person who has been convicted of domestic
13    battery, aggravated domestic battery, or a substantially
14    similar offense in another jurisdiction committed before,
15    on or after January 1, 2012 (the effective date of Public
16    Act 97-158). If the applicant or person who has been
17    previously issued a Firearm Owner's Identification Card
18    under this Act knowingly and intelligently waives the right
19    to have an offense described in this paragraph (l) tried by
20    a jury, and by guilty plea or otherwise, results in a
21    conviction for an offense in which a domestic relationship
22    is not a required element of the offense but in which a
23    determination of the applicability of 18 U.S.C. 922(g)(9)
24    is made under Section 112A-11.1 of the Code of Criminal
25    Procedure of 1963, an entry by the court of a judgment of
26    conviction for that offense shall be grounds for denying an

 

 

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1    application for and for revoking and seizing a Firearm
2    Owner's Identification Card previously issued to the
3    person under this Act;
4        (l-5) A person who is subject to a stalking no contact
5    order prohibiting him or her from possessing a firearm;
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 developmental
24    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 subsection
4    (a) of Section 4 of this Act because he or she was a
5    patient in a mental health facility as provided in
6    subsection (e) of this Section, shall not be permitted to
7    obtain a Firearm Owner's Identification Card, after the
8    5-year period has lapsed, unless he or she has received a
9    mental health evaluation by a physician, clinical
10    psychologist, or qualified examiner as those terms are
11    defined in the Mental Health and Developmental
12    Disabilities Code, and has received a certification that he
13    or she is not a clear and present danger to himself,
14    herself, or others. The physician, clinical psychologist,
15    or qualified examiner making the certification and his or
16    her employer shall not be held criminally, civilly, or
17    professionally liable for making or not making the
18    certification required under this subsection, except for
19    willful or wanton misconduct. This subsection does not
20    apply to a person whose firearm possession rights have been
21    restored through administrative or judicial action under
22    Section 10 or 11 of this Act.
23    Upon revocation of a person's Firearm Owner's
24Identification Card, the Department of State Police shall
25provide notice to the person and the person shall comply with
26Section 9.5 of this Act.

 

 

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1(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
2eff. 7-16-14; 99-143, eff. 7-27-15.)
 
3    (430 ILCS 65/9)  (from Ch. 38, par. 83-9)
4    Sec. 9.
5    (a) Every person whose application for a Firearm Owner's
6Identification Card is denied, and every holder of such a Card
7whose Card is revoked or seized, shall receive a written notice
8from the Department of State Police stating specifically the
9grounds upon which his application has been denied or upon
10which his Identification Card has been revoked. The written
11notice shall include the requirements of Section 9.5 of this
12Act and the persons's right to administrative or judicial
13review under Section 10 and 11 of this Act. A copy of the
14written notice shall be provided to the sheriff and law
15enforcement agency where the person resides.
16    (b) In counties with more than 3,000,000 inhabitants, in
17conjunction with the service of the protective order, the
18sheriff may serve a notice of revocation on behalf of the
19Department of State Police if the revocation is based on the
20issuance of an order of protection or of a stalking no contact
21order that prohibits the person from possessing a firearm. The
22sheriff shall use a standard form approved by the Department of
23State Police.
24(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
 

 

 

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1    (430 ILCS 65/9.5)
2    Sec. 9.5. Revocation of Firearm Owner's Identification
3Card.
4    (a) Except for counties with more than 3,000,000
5inhabitants when the revocation is based on the issuance of a
6protective order, a A person who receives a revocation notice
7under Section 9 of this Act shall, within 48 hours of receiving
8notice of the revocation:
9        (1) surrender his or her Firearm Owner's
10    Identification Card to the local law enforcement agency
11    where the person resides. The local law enforcement agency
12    shall provide the person a receipt and transmit the Firearm
13    Owner's Identification Card to the Department of State
14    Police; and
15        (2) complete a Firearm Disposition Record on a form
16    prescribed by the Department of State Police and place his
17    or her firearms in the location or with the person reported
18    in the Firearm Disposition Record. The form shall require
19    the person to disclose:
20            (A) the make, model, and serial number of each
21        firearm owned by or under the custody and control of
22        the revoked person;
23            (B) the location where each firearm will be
24        maintained during the prohibited term; and
25            (C) if any firearm will be transferred to the
26        custody of another person, the name, address and

 

 

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1        Firearm Owner's Identification Card number of the
2        transferee.
3    (a-5) If the person is served by the sheriff with a notice
4of revocation based on the issuance of an order of protection
5or of a stalking no contact order that prohibits the person
6from possessing a firearm:
7        (1) the person shall immediately surrender his or her
8    Firearm Owner's Identification Card to the sheriff serving
9    the protective order. The sheriff shall provide the person
10    with a receipt and send the Firearm Owner's Identification
11    Card to the Department of State Police;
12        (2) the person shall immediately surrender all
13    firearms in his or her possession to the sheriff serving
14    the protective order for safekeeping;
15        (3) the sheriff shall store the firearms for a period
16    of up to 2 years until the person's Firearm Owner's
17    Identification Card is reinstated or allow the person to
18    transfer the firearms to a federally licensed firearm
19    dealer or to another person who holds a valid Firearm
20    Owner's Identification Card and who does not reside with
21    the person. If the transfer is made, the person shall
22    complete the Firearm Disposition Record as described in
23    paragraph (2) of subsection (a) of this Section; and
24        (4) if the person has not retrieved or transferred the
25    firearms within 2 years and cannot be located or fails to
26    respond to requests to retrieve the firearms, the sheriff

 

 

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1    may seek a court order from the court that issued the order
2    of protection or stalking no contact order to destroy the
3    firearms, use the firearms for training purposes, or for
4    any other appropriate law enforcement purpose.
5    (b) The local law enforcement agency shall provide a copy
6of the Firearm Disposition Record to the person whose Firearm
7Owner's Identification Card has been revoked and to the
8Department of State Police.
9    (c) If the person whose Firearm Owner's Identification Card
10has been revoked fails to comply with the requirements of this
11Section, the sheriff or law enforcement agency where the person
12resides may petition the circuit court to issue a warrant to
13search for and seize the Firearm Owner's Identification Card
14and firearms in the possession or under the custody or control
15of the person whose Firearm Owner's Identification Card has
16been revoked.
17    (d) A violation of subsection (a) of this Section is a
18Class A misdemeanor.
19    (e) The observation of a Firearm Owner's Identification
20Card in the possession of a person whose Firearm Owner's
21Identification Card has been revoked constitutes a sufficient
22basis for the arrest of that person for violation of this
23Section.
24    (f) Within 30 days after the effective date of this
25amendatory Act of the 98th General Assembly, the Department of
26State Police shall provide written notice of the requirements

 

 

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1of this Section to persons whose Firearm Owner's Identification
2Cards have been revoked, suspended, or expired and who have
3failed to surrender their cards to the Department.
4    (g) A person whose Firearm Owner's Identification Card has
5been revoked and who received notice under subsection (f) shall
6comply with the requirements of this Section within 48 hours of
7receiving notice.
8(Source: P.A. 98-63, eff. 7-9-13.)
 
9    (430 ILCS 65/8.2 rep.)
10    Section 10. The Firearm Owners Identification Card Act is
11amended by repealing Section 8.2.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    430 ILCS 65/4from Ch. 38, par. 83-4
4    430 ILCS 65/8from Ch. 38, par. 83-8
5    430 ILCS 65/9from Ch. 38, par. 83-9
6    430 ILCS 65/9.5
7    430 ILCS 65/8.2 rep.