Illinois General Assembly - Full Text of SB3143
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Full Text of SB3143  103rd General Assembly

SB3143 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3143

 

Introduced 2/6/2024, by Sen. Dale Fowler

 

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. Lowers the minimum age in which a person who is not an active duty member of the United States Armed Forces or the Illinois National Guard may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029.


LRB103 38001 RLC 68133 b

 

 

A BILL FOR

 

SB3143LRB103 38001 RLC 68133 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 and 8 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. Application for Firearm Owner's Identification
8Cards.
9    (a) Each applicant for a Firearm Owner's Identification
10Card 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

 

 

SB3143- 2 -LRB103 38001 RLC 68133 b

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-4) If he or she is under 21 years of age, he or
7        she has never been convicted of a misdemeanor other
8        than a traffic offense or adjudged delinquent;
9            (i-5) This subparagraph (i-5) applies on and after
10        the 181st day following July 12, 2019 (the effective
11        date of Public Act 101-80). He or she is 18 21 years of
12        age or over, or if he or she is under 18 21 years of
13        age, that he or she has never been convicted of a
14        misdemeanor other than a traffic offense or adjudged
15        delinquent and is an active duty member of the United
16        States Armed Forces or the Illinois National Guard or
17        has the written consent of his or her parent or legal
18        guardian to possess and acquire firearms and firearm
19        ammunition, provided, however, that such parent or
20        legal guardian is not an individual prohibited from
21        having a Firearm Owner's Identification Card and files
22        an affidavit with the Illinois State Police as
23        prescribed by the Illinois State Police stating that
24        he or she is not an individual prohibited from having a
25        Card or the active duty member of the United States
26        Armed Forces or the Illinois National Guard under 18

 

 

SB3143- 3 -LRB103 38001 RLC 68133 b

1        21 years of age annually submits proof to the Illinois
2        State Police, in a manner prescribed by the Illinois
3        State Police;
4            (ii) He or she has not been convicted of a felony
5        under the laws of this or any other jurisdiction;
6            (iii) He or she is not addicted to narcotics;
7            (iv) He or she has not been a patient in a mental
8        health facility within the past 5 years or, if he or
9        she has been a patient in a mental health facility more
10        than 5 years ago submit the certification required
11        under subsection (u) of Section 8 of this Act;
12            (v) He or she is not a person with an intellectual
13        disability;
14            (vi) He or she is not a noncitizen who is
15        unlawfully present in the United States under the laws
16        of the United States;
17            (vii) He or she is not subject to an existing order
18        of protection prohibiting him or her from possessing a
19        firearm;
20            (viii) He or she has not been convicted within the
21        past 5 years of battery, assault, aggravated assault,
22        violation of an order of protection, or a
23        substantially similar offense in another jurisdiction,
24        in which a firearm was used or possessed;
25            (ix) He or she has not been convicted of domestic
26        battery, aggravated domestic battery, or a

 

 

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1        substantially similar offense in another jurisdiction
2        committed before, on or after January 1, 2012 (the
3        effective date of Public Act 97-158). If the applicant
4        knowingly and intelligently waives the right to have
5        an offense described in this clause (ix) tried by a
6        jury, and by guilty plea or otherwise, results in a
7        conviction for an offense in which a domestic
8        relationship is not a required element of the offense
9        but in which a determination of the applicability of
10        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
11        the Code of Criminal Procedure of 1963, an entry by the
12        court of a judgment of conviction for that offense
13        shall be grounds for denying the issuance of a Firearm
14        Owner's Identification Card under this Section;
15            (x) (Blank);
16            (xi) He or she is not a noncitizen who has been
17        admitted to the United States under a non-immigrant
18        visa (as that term is defined in Section 101(a)(26) of
19        the Immigration and Nationality Act (8 U.S.C.
20        1101(a)(26))), or that he or she is a noncitizen who
21        has been lawfully admitted to the United States under
22        a non-immigrant visa if that noncitizen is:
23                (1) admitted to the United States for lawful
24            hunting or sporting purposes;
25                (2) an official representative of a foreign
26            government who is:

 

 

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

 

 

SB3143- 6 -LRB103 38001 RLC 68133 b

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

 

 

SB3143- 7 -LRB103 38001 RLC 68133 b

1Card, who is employed as a law enforcement officer, an armed
2security officer in Illinois, or by the United States Military
3permanently assigned in Illinois and who is not an Illinois
4resident, shall furnish to the Illinois State Police his or
5her driver's license number or state identification card
6number from his or her state of residence. The Illinois State
7Police may adopt rules to enforce the provisions of this
8subsection (a-10).
9    (a-15) If an applicant applying for a Firearm Owner's
10Identification Card moves from the residence address named in
11the application, he or she shall immediately notify in a form
12and manner prescribed by the Illinois State Police of that
13change of address.
14    (a-20) Each applicant for a Firearm Owner's Identification
15Card shall furnish to the Illinois State Police his or her
16photograph. An applicant who is 21 years of age or older
17seeking a religious exemption to the photograph requirement
18must furnish with the application an approved copy of United
19States Department of the Treasury Internal Revenue Service
20Form 4029. In lieu of a photograph, an applicant regardless of
21age seeking a religious exemption to the photograph
22requirement shall submit fingerprints on a form and manner
23prescribed by the Illinois State Police with his or her
24application.
25    (a-25) Beginning January 1, 2023, each applicant for the
26issuance of a Firearm Owner's Identification Card may include

 

 

SB3143- 8 -LRB103 38001 RLC 68133 b

1a full set of his or her fingerprints in electronic format to
2the Illinois State Police, unless the applicant has previously
3provided a full set of his or her fingerprints to the Illinois
4State Police under this Act or the Firearm Concealed Carry
5Act.
6    The fingerprints must be transmitted through a live scan
7fingerprint vendor licensed by the Department of Financial and
8Professional Regulation. The fingerprints shall be checked
9against the fingerprint records now and hereafter filed in the
10Illinois State Police and Federal Bureau of Investigation
11criminal history records databases, including all available
12State and local criminal history record information files.
13    The Illinois State Police shall charge applicants a
14one-time fee for conducting the criminal history record check,
15which shall be deposited into the State Police Services Fund
16and shall not exceed the actual cost of the State and national
17criminal history record check.
18    (a-26) The Illinois State Police shall research, explore,
19and report to the General Assembly by January 1, 2022 on the
20feasibility of permitting voluntarily submitted fingerprints
21obtained for purposes other than Firearm Owner's
22Identification Card enforcement that are contained in the
23Illinois State Police database for purposes of this Act.
24    (b) Each application form shall include the following
25statement printed in bold type: "Warning: Entering false
26information on an application for a Firearm Owner's

 

 

SB3143- 9 -LRB103 38001 RLC 68133 b

1Identification Card is punishable as a Class 2 felony in
2accordance with subsection (d-5) of Section 14 of the Firearm
3Owners Identification Card Act.".
4    (c) Upon such written consent, pursuant to Section 4,
5paragraph (a)(2)(i), the parent or legal guardian giving the
6consent shall be liable for any damages resulting from the
7applicant's use of firearms or firearm ammunition.
8(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
9102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
105-27-22; 102-1116, eff. 1-10-23.)
 
11    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
12    Sec. 8. Grounds for denial and revocation. The Illinois
13State Police has authority to deny an application for or to
14revoke and seize a Firearm Owner's Identification Card
15previously issued under this Act only if the Illinois State
16Police finds that the applicant or the person to whom such card
17was issued is or was at the time of issuance:
18        (a) A person under 21 years of age who has been
19    convicted of a misdemeanor other than a traffic offense or
20    adjudged delinquent;
21        (b) (Blank); This subsection (b) applies through the
22    180th day following July 12, 2019 (the effective date of
23    Public Act 101-80). A person under 21 years of age who does
24    not have the written consent of his parent or guardian to
25    acquire and possess firearms and firearm ammunition, or

 

 

SB3143- 10 -LRB103 38001 RLC 68133 b

1    whose parent or guardian has revoked such written consent,
2    or where such parent or guardian does not qualify to have a
3    Firearm Owner's Identification Card;
4        (b-5) This subsection (b-5) applies on and after the
5    181st day following July 12, 2019 (the effective date of
6    Public Act 101-80). A person under 18 21 years of age who
7    is not an active duty member of the United States Armed
8    Forces or the Illinois National Guard and does not have
9    the written consent of his or her parent or guardian to
10    acquire and possess firearms and firearm ammunition, or
11    whose parent or guardian has revoked such written consent,
12    or where such parent or guardian does not qualify to have a
13    Firearm Owner's Identification Card;
14        (c) A person convicted of a felony under the laws of
15    this or any other jurisdiction;
16        (d) A person addicted to narcotics;
17        (e) A person who has been a patient of a mental health
18    facility within the past 5 years or a person who has been a
19    patient in a mental health facility more than 5 years ago
20    who has not received the certification required under
21    subsection (u) of this Section. An active law enforcement
22    officer employed by a unit of government or a Department
23    of Corrections employee authorized to possess firearms who
24    is denied, revoked, or has his or her Firearm Owner's
25    Identification Card seized under this subsection (e) may
26    obtain relief as described in subsection (c-5) of Section

 

 

SB3143- 11 -LRB103 38001 RLC 68133 b

1    10 of this Act if the officer or employee did not act in a
2    manner threatening to the officer or employee, another
3    person, or the public as determined by the treating
4    clinical psychologist or physician, and the officer or
5    employee seeks mental health treatment;
6        (f) A person whose mental condition is of such a
7    nature that it poses a clear and present danger to the
8    applicant, any other person or persons, or the community;
9        (g) A person who has an intellectual disability;
10        (h) A person who intentionally makes a false statement
11    in the Firearm Owner's Identification Card application or
12    endorsement affidavit;
13        (i) A noncitizen who is unlawfully present in the
14    United States under the laws of the United States;
15        (i-5) A noncitizen who has been admitted to the United
16    States under a non-immigrant visa (as that term is defined
17    in Section 101(a)(26) of the Immigration and Nationality
18    Act (8 U.S.C. 1101(a)(26))), except that this subsection
19    (i-5) does not apply to any noncitizen who has been
20    lawfully admitted to the United States under a
21    non-immigrant visa if that noncitizen is:
22            (1) admitted to the United States for lawful
23        hunting or sporting purposes;
24            (2) an official representative of a foreign
25        government who is:
26                (A) accredited to the United States Government

 

 

SB3143- 12 -LRB103 38001 RLC 68133 b

1            or the Government's mission to an international
2            organization having its headquarters in the United
3            States; or
4                (B) en route to or from another country to
5            which that noncitizen is accredited;
6            (3) an official of a foreign government or
7        distinguished foreign visitor who has been so
8        designated by the Department of State;
9            (4) a foreign law enforcement officer of a
10        friendly foreign government entering the United States
11        on official business; or
12            (5) one who has received a waiver from the
13        Attorney General of the United States pursuant to 18
14        U.S.C. 922(y)(3);
15        (j) (Blank);
16        (k) A person who has been convicted within the past 5
17    years of battery, assault, aggravated assault, violation
18    of an order of protection, or a substantially similar
19    offense in another jurisdiction, in which a firearm was
20    used or possessed;
21        (l) A person who has been convicted of domestic
22    battery, aggravated domestic battery, or a substantially
23    similar offense in another jurisdiction committed before,
24    on or after January 1, 2012 (the effective date of Public
25    Act 97-158). If the applicant or person who has been
26    previously issued a Firearm Owner's Identification Card

 

 

SB3143- 13 -LRB103 38001 RLC 68133 b

1    under this Act knowingly and intelligently waives the
2    right to have an offense described in this paragraph (l)
3    tried by a jury, and by guilty plea or otherwise, results
4    in a conviction for an offense in which a domestic
5    relationship is not a required element of the offense but
6    in which a determination of the applicability of 18 U.S.C.
7    922(g)(9) is made under Section 112A-11.1 of the Code of
8    Criminal Procedure of 1963, an entry by the court of a
9    judgment of conviction for that offense shall be grounds
10    for denying an application for and for revoking and
11    seizing a Firearm Owner's Identification Card previously
12    issued to the person under this Act;
13        (m) (Blank);
14        (n) A person who is prohibited from acquiring or
15    possessing firearms or firearm ammunition by any Illinois
16    State statute or by federal law;
17        (o) A minor subject to a petition filed under Section
18    5-520 of the Juvenile Court Act of 1987 alleging that the
19    minor is a delinquent minor for the commission of an
20    offense that if committed by an adult would be a felony;
21        (p) An adult who had been adjudicated a delinquent
22    minor under the Juvenile Court Act of 1987 for the
23    commission of an offense that if committed by an adult
24    would be a felony;
25        (q) A person who is not a resident of the State of
26    Illinois, except as provided in subsection (a-10) of

 

 

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1    Section 4;
2        (r) A person who has been adjudicated as a person with
3    a mental disability;
4        (s) A person who has been found to have a
5    developmental disability;
6        (t) A person involuntarily admitted into a mental
7    health facility; or
8        (u) A person who has had his or her Firearm Owner's
9    Identification Card revoked or denied under subsection (e)
10    of this Section or item (iv) of paragraph (2) of
11    subsection (a) of Section 4 of this Act because he or she
12    was a patient in a mental health facility as provided in
13    subsection (e) of this Section, shall not be permitted to
14    obtain a Firearm Owner's Identification Card, after the
15    5-year period has lapsed, unless he or she has received a
16    mental health evaluation by a physician, clinical
17    psychologist, or qualified examiner as those terms are
18    defined in the Mental Health and Developmental
19    Disabilities Code, and has received a certification that
20    he or she is not a clear and present danger to himself,
21    herself, or others. The physician, clinical psychologist,
22    or qualified examiner making the certification and his or
23    her employer shall not be held criminally, civilly, or
24    professionally liable for making or not making the
25    certification required under this subsection, except for
26    willful or wanton misconduct. This subsection does not

 

 

SB3143- 15 -LRB103 38001 RLC 68133 b

1    apply to a person whose firearm possession rights have
2    been restored through administrative or judicial action
3    under Section 10 or 11 of this Act.
4    Upon revocation of a person's Firearm Owner's
5Identification Card, the Illinois State Police shall provide
6notice to the person and the person shall comply with Section
79.5 of this Act.
8(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
9102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
105-27-22; 102-1116, eff. 1-10-23.)