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Full Text of SB1279  99th General Assembly

SB1279 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1279

 

Introduced 2/17/2015, by Sen. Ira I. Silverstein

 

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 Department of 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 Department finds that the applicant or the person to whom the card was issued is or was at the time of issuance not covered by a policy of liability insurance in the amount of at least $100,000 specifically covering any damages resulting from negligent or willful acts involving the use of a firearm while owned or carried by the person. Provides that a person shall be deemed the owner of a firearm after the firearm is lost or stolen until the loss or theft is reported to the police department or sheriff of the jurisdiction in which the owner resides.


LRB099 08490 RLC 28646 b

 

 

A BILL FOR

 

SB1279LRB099 08490 RLC 28646 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. (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 intellectually disabled;
14            (vi) He or she is not an alien who is unlawfully
15        present in the United States under the laws of the
16        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 substantially
23        similar offense in another jurisdiction, in which a
24        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 an
5        offense described in this clause (ix) tried by a jury,
6        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 18
10        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
11        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 an alien 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 an alien who has
21        been lawfully admitted to the United States under a
22        non-immigrant visa if that alien 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 alien 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;

 

 

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1            (xv) He or she has not been adjudicated as a
2        mentally disabled person;
3            (xvi) He or she has not been involuntarily admitted
4        into a mental health facility; and
5            (xvii) He or she is not developmentally disabled;
6        and
7            (xviii) He or she has been issued a policy of
8        liability insurance in the amount of at least $100,000
9        specifically covering any damages resulting from
10        negligent or willful acts involving the use of a
11        firearm while owned or carried by the person. For the
12        purposes of this clause (xviii), a person shall be
13        deemed the owner of a firearm after the firearm is lost
14        or stolen until the loss or theft is reported to the
15        police department or sheriff of the jurisdiction in
16        which the owner resides; and
17        (3) Upon request by the Department of State Police,
18    sign a release on a form prescribed by the Department of
19    State Police waiving any right to confidentiality and
20    requesting the disclosure to the Department of State Police
21    of limited mental health institution admission information
22    from another state, the District of Columbia, any other
23    territory of the United States, or a foreign nation
24    concerning the applicant for the sole purpose of
25    determining whether the applicant is or was a patient in a
26    mental health institution and disqualified because of that

 

 

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1    status from receiving a Firearm Owner's Identification
2    Card. No mental health care or treatment records may be
3    requested. The information received shall be destroyed
4    within one year of receipt.
5    (a-5) Each applicant for a Firearm Owner's Identification
6Card who is over the age of 18 shall furnish to the Department
7of State Police either his or her Illinois driver's license
8number or Illinois Identification Card number, except as
9provided in subsection (a-10).
10    (a-10) Each applicant for a Firearm Owner's Identification
11Card, who is employed as a law enforcement officer, an armed
12security officer in Illinois, or by the United States Military
13permanently assigned in Illinois and who is not an Illinois
14resident, shall furnish to the Department of State Police his
15or her driver's license number or state identification card
16number from his or her state of residence. The Department of
17State Police may adopt rules to enforce the provisions of this
18subsection (a-10).
19    (a-15) If an applicant applying for a Firearm Owner's
20Identification Card moves from the residence address named in
21the application, he or she shall immediately notify in a form
22and manner prescribed by the Department of State Police of that
23change of address.
24    (a-20) Each applicant for a Firearm Owner's Identification
25Card shall furnish to the Department of State Police his or her
26photograph. An applicant who is 21 years of age or older

 

 

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1seeking a religious exemption to the photograph requirement
2must furnish with the application an approved copy of United
3States Department of the Treasury Internal Revenue Service Form
44029. In lieu of a photograph, an applicant regardless of age
5seeking a religious exemption to the photograph requirement
6shall submit fingerprints on a form and manner prescribed by
7the Department with his or her application.
8    (b) Each application form shall include the following
9statement printed in bold type: "Warning: Entering false
10information on an application for a Firearm Owner's
11Identification Card is punishable as a Class 2 felony in
12accordance with subsection (d-5) of Section 14 of the Firearm
13Owners Identification Card Act.".
14    (c) Upon such written consent, pursuant to Section 4,
15paragraph (a)(2)(i), the parent or legal guardian giving the
16consent shall be liable for any damages resulting from the
17applicant's use of firearms or firearm ammunition.
18(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
19eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
2098-63, eff. 7-9-13.)
 
21    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
22    Sec. 8. Grounds for denial and revocation. The Department
23of State Police has authority to deny an application for or to
24revoke and seize a Firearm Owner's Identification Card
25previously issued under this Act only if the Department finds

 

 

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1that the applicant or the person to whom such card was issued
2is or was at the time of issuance:
3        (a) A person under 21 years of age who has been
4    convicted of a misdemeanor other than a traffic offense or
5    adjudged delinquent;
6        (b) A person under 21 years of age who does not have
7    the written consent of his parent or guardian to acquire
8    and possess firearms and firearm ammunition, or whose
9    parent or guardian has revoked such written consent, or
10    where such parent or guardian does not qualify to have a
11    Firearm Owner's Identification Card;
12        (c) A person convicted of a felony under the laws of
13    this or any other jurisdiction;
14        (d) A person addicted to narcotics;
15        (e) A person who has been a patient of a mental health
16    facility within the past 5 years or a person who has been a
17    patient in a mental health facility more than 5 years ago
18    who has not received the certification required under
19    subsection (u) of this Section. An active law enforcement
20    officer employed by a unit of government who is denied,
21    revoked, or has his or her Firearm Owner's Identification
22    Card seized under this subsection (e) may obtain relief as
23    described in subsection (c-5) of Section 10 of this Act if
24    the officer did not act in a manner threatening to the
25    officer, another person, or the public as determined by the
26    treating clinical psychologist or physician, and the

 

 

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

 

 

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1            (3) an official of a foreign government or
2        distinguished foreign visitor who has been so
3        designated by the Department of State;
4            (4) a foreign law enforcement officer of a friendly
5        foreign government entering the United States on
6        official 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) (Blank);
11        (k) A person who has been convicted within the past 5
12    years of battery, assault, aggravated assault, violation
13    of an order of protection, or a substantially similar
14    offense in another jurisdiction, in which a firearm was
15    used or possessed;
16        (l) A person who has been convicted of domestic
17    battery, aggravated domestic battery, or a substantially
18    similar offense in another jurisdiction committed before,
19    on or after January 1, 2012 (the effective date of Public
20    Act 97-158). If the applicant or person who has been
21    previously issued a Firearm Owner's Identification Card
22    under this Act knowingly and intelligently waives the right
23    to have an offense described in this paragraph (l) tried by
24    a jury, and by guilty plea or otherwise, results in a
25    conviction for an offense in which a domestic relationship
26    is not a required element of the offense but in which a

 

 

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

 

 

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1        (t) A person involuntarily admitted into a mental
2    health facility; or
3        (u) A person who has had his or her Firearm Owner's
4    Identification Card revoked or denied under subsection (e)
5    of this Section or item (iv) of paragraph (2) of subsection
6    (a) of Section 4 of this Act because he or she was a
7    patient in a mental health facility as provided in
8    subsection (e) of this Section, shall not be permitted to
9    obtain a Firearm Owner's Identification Card, after the
10    5-year period has lapsed, unless he or she has received a
11    mental health evaluation by a physician, clinical
12    psychologist, or qualified examiner as those terms are
13    defined in the Mental Health and Developmental
14    Disabilities Code, and has received a certification that he
15    or she is not a clear and present danger to himself,
16    herself, or others. The physician, clinical psychologist,
17    or qualified examiner making the certification and his or
18    her employer shall not be held criminally, civilly, or
19    professionally liable for making or not making the
20    certification required under this subsection, except for
21    willful or wanton misconduct. This subsection does not
22    apply to a person whose firearm possession rights have been
23    restored through administrative or judicial action under
24    Section 10 or 11 of this Act.
25        (v) A person who has not been issued a policy of
26    liability insurance in the amount of at least $100,000

 

 

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1    specifically covering any damages resulting from negligent
2    or willful acts involving the use of a firearm while owned
3    or carried by the person or whose liability insurance has
4    been cancelled, not renewed, or revoked. For the purposes
5    of this subsection (v), a person shall be deemed the owner
6    of a firearm after the firearm is lost or stolen until the
7    loss or theft is reported to the police department or
8    sheriff of the jurisdiction in which the owner resides.
9    Upon revocation of a person's Firearm Owner's
10Identification Card, the Department of State Police shall
11provide notice to the person and the person shall comply with
12Section 9.5 of this Act.
13(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
14eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
1598-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff.
167-16-14.)