Illinois General Assembly - Full Text of HB1280
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Full Text of HB1280  103rd General Assembly

HB1280 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1280

 

Introduced 1/31/2023, by Rep. Daniel Didech and Joyce Mason

 

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. Provides that the Illinois State Police 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 Illinois State Police finds that the applicant or the person to whom the card was issued is or was at the time of issuance a person who has been convicted of misdemeanor stalking or a similar misdemeanor offense in another jurisdiction.


LRB103 04721 RLC 49730 b

 

 

A BILL FOR

 

HB1280LRB103 04721 RLC 49730 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) This subparagraph (i) applies through the
15        180th day following July 12, 2019 (the effective date
16        of Public Act 101-80). He or she is 21 years of age or
17        over, or if he or she is under 21 years of age that he
18        or she has the written consent of his or her parent or
19        legal guardian to possess and acquire firearms and
20        firearm ammunition and that he or she has never been
21        convicted of a misdemeanor other than a traffic
22        offense or adjudged delinquent, provided, however,
23        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). He or she is 21 years of
9        age or over, or if he or she is under 21 years of age
10        that he or she has never been convicted of a
11        misdemeanor other than a traffic offense or adjudged
12        delinquent and is an active duty member of the United
13        States Armed Forces or has the written consent of his
14        or her parent or legal guardian to possess and acquire
15        firearms and firearm ammunition, provided, however,
16        that such parent or legal guardian is not an
17        individual prohibited from having a Firearm Owner's
18        Identification Card and files an affidavit with the
19        Illinois State Police as prescribed by the Illinois
20        State Police stating that he or she is not an
21        individual prohibited from having a Card or the active
22        duty member of the United States Armed Forces under 21
23        years of age annually submits proof to the Illinois
24        State Police, in a manner prescribed by the Illinois
25        State Police;
26            (ii) He or she has not been convicted of a felony

 

 

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

 

 

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

 

 

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1                Government or the Government's mission to an
2                international organization having its
3                headquarters in the United 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
11            States on official business; or
12                (5) one who has received a waiver from the
13            Attorney General of the United States pursuant to
14            18 U.S.C. 922(y)(3);
15            (xii) He or she is not a minor subject to a
16        petition filed under Section 5-520 of the Juvenile
17        Court Act of 1987 alleging that the minor is a
18        delinquent minor for the commission of an offense that
19        if committed by an adult would be a felony;
20            (xiii) He or she is not an adult who had been
21        adjudicated a delinquent minor under the Juvenile
22        Court Act of 1987 for the commission of an offense that
23        if committed by an adult would be a felony;
24            (xiv) He or she is a resident of the State of
25        Illinois;
26            (xv) He or she has not been adjudicated as a person

 

 

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

 

 

HB1280- 7 -LRB103 04721 RLC 49730 b

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

 

 

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

 

 

HB1280- 9 -LRB103 04721 RLC 49730 b

1accordance with subsection (d-5) of Section 14 of the Firearm
2Owners Identification Card Act.".
3    (c) Upon such written consent, pursuant to Section 4,
4paragraph (a)(2)(i), the parent or legal guardian giving the
5consent shall be liable for any damages resulting from the
6applicant's use of firearms or firearm ammunition.
7(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
8102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
95-27-22.)
 
10    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
11    Sec. 8. Grounds for denial and revocation. The Illinois
12State Police has authority to deny an application for or to
13revoke and seize a Firearm Owner's Identification Card
14previously issued under this Act only if the Illinois State
15Police finds that the applicant or the person to whom such card
16was issued is or was at the time of issuance:
17        (a) A person under 21 years of age who has been
18    convicted of a misdemeanor other than a traffic offense or
19    adjudged delinquent;
20        (b) This subsection (b) applies through the 180th day
21    following July 12, 2019 (the effective date of Public Act
22    101-80). A person under 21 years of age who does not have
23    the written consent of his parent or guardian to acquire
24    and possess firearms and firearm ammunition, or whose
25    parent or guardian has revoked such written consent, or

 

 

HB1280- 10 -LRB103 04721 RLC 49730 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB1280- 15 -LRB103 04721 RLC 49730 b

1    willful or wanton misconduct. This subsection does not
2    apply to a person whose firearm possession rights have
3    been restored through administrative or judicial action
4    under Section 10 or 11 of this Act.
5    Upon revocation of a person's Firearm Owner's
6Identification Card, the Illinois State Police shall provide
7notice to the person and the person shall comply with Section
89.5 of this Act.
9(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
10102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
115-27-22.)