Full Text of SB3448 099th General Assembly
SB3448 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB3448 Introduced 11/9/2016, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/4 | from Ch. 38, par. 83-4 | 430 ILCS 66/30 | |
|
Amends the Firearm Owners Identification Card Act. Provides that on and after the effective date of the amendatory Act, each applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of fingerprints in electronic format to the Department of State Police for the purpose of identity verification. Provides that a license application shall contain a full set of fingerprints submitted to the Department in electronic format for the purpose of verification of identity (rather than a license application shall contain a full set of fingerprints submitted to the Department in electronic format provided the Department may accept an application submitted without a set of fingerprints in which case the Department shall be granted 30 days in addition to the 90 days period to issue or deny a license).
|
| |
| | A BILL FOR |
|
| | | SB3448 | | LRB099 23678 SLF 51188 b |
|
| 1 | | AN ACT concerning public safety.
| 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 Section 4 as follows:
| 6 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 7 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 8 | | Identification 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 |
| | | SB3448 | - 2 - | LRB099 23678 SLF 51188 b |
|
| 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;
| 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 |
| | | SB3448 | - 3 - | LRB099 23678 SLF 51188 b |
|
| 1 | | battery, aggravated domestic battery, or a
| 2 | | substantially similar offense in another
jurisdiction | 3 | | committed before, on or after January 1, 2012 (the | 4 | | effective date of Public Act 97-158). If the applicant | 5 | | knowingly and intelligently waives the right to have an | 6 | | offense described in this clause (ix) tried by a jury, | 7 | | and by guilty plea or otherwise, results in a | 8 | | conviction for an offense in which a domestic | 9 | | relationship is not a required element of the offense | 10 | | but in which a determination of the applicability of 18 | 11 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 12 | | Code of Criminal Procedure of 1963, an entry by the | 13 | | court of a judgment of conviction for that offense | 14 | | shall be grounds for denying the issuance of a Firearm | 15 | | Owner's Identification Card under this Section;
| 16 | | (x) (Blank);
| 17 | | (xi) He or she is not an alien who has been | 18 | | admitted to the United
States under a non-immigrant | 19 | | visa (as that term is defined in Section
101(a)(26) of | 20 | | the Immigration and Nationality Act (8 U.S.C. | 21 | | 1101(a)(26))),
or that he or she is an alien who has | 22 | | been lawfully admitted to the United
States under a | 23 | | non-immigrant visa if that alien is:
| 24 | | (1) admitted to the United States for lawful | 25 | | hunting or sporting
purposes;
| 26 | | (2) an official representative of a foreign |
| | | SB3448 | - 4 - | LRB099 23678 SLF 51188 b |
|
| 1 | | government who is:
| 2 | | (A) accredited to the United States | 3 | | Government or the Government's
mission to an | 4 | | international organization having its | 5 | | headquarters in the United
States; or
| 6 | | (B) en route to or from another country to | 7 | | which that alien is
accredited;
| 8 | | (3) an official of a foreign government or | 9 | | distinguished foreign
visitor who has been so | 10 | | designated by the Department of State;
| 11 | | (4) a foreign law enforcement officer of a | 12 | | friendly foreign
government entering the United | 13 | | States on official business; or
| 14 | | (5) one who has received a waiver from the | 15 | | Attorney General of the
United States pursuant to | 16 | | 18 U.S.C. 922(y)(3);
| 17 | | (xii) He or she is not a minor subject to a | 18 | | petition filed
under Section 5-520 of the Juvenile | 19 | | Court Act of 1987 alleging that the
minor is a | 20 | | delinquent minor for the commission of an offense that | 21 | | if
committed by an adult would be a felony;
| 22 | | (xiii) He or she is not an adult who had been | 23 | | adjudicated a delinquent
minor under the Juvenile | 24 | | Court Act of 1987 for the commission of an offense
that | 25 | | if committed by an adult would be a felony;
| 26 | | (xiv) He or she is a resident of the State of |
| | | SB3448 | - 5 - | LRB099 23678 SLF 51188 b |
|
| 1 | | Illinois; | 2 | | (xv) He or she has not been adjudicated as a person | 3 | | with a mental disability; | 4 | | (xvi) He or she has not been involuntarily admitted | 5 | | into a mental health facility; and | 6 | | (xvii) He or she is not a person with a | 7 | | developmental disability; and
| 8 | | (3) Upon request by the Department of State Police, | 9 | | sign a release on a
form prescribed by the Department of | 10 | | State Police waiving any right to
confidentiality and | 11 | | requesting the disclosure to the Department of State Police
| 12 | | of limited mental health institution admission information | 13 | | from another state,
the District of Columbia, any other | 14 | | territory of the United States, or a
foreign nation | 15 | | concerning the applicant for the sole purpose of | 16 | | determining
whether the applicant is or was a patient in a | 17 | | mental health institution and
disqualified because of that | 18 | | status from receiving a Firearm Owner's
Identification | 19 | | Card. No mental health care or treatment records may be
| 20 | | requested. The information received shall be destroyed | 21 | | within one year of
receipt.
| 22 | | (a-5) Each applicant for a Firearm Owner's Identification | 23 | | Card who is over
the age of 18 shall furnish to the Department | 24 | | of State Police either his or
her Illinois driver's license | 25 | | number or Illinois Identification Card number, except as
| 26 | | provided in subsection (a-10).
|
| | | SB3448 | - 6 - | LRB099 23678 SLF 51188 b |
|
| 1 | | (a-10) Each applicant for a Firearm Owner's Identification | 2 | | Card,
who is employed as a law enforcement officer, an armed | 3 | | security officer in Illinois, or by the United States Military
| 4 | | permanently assigned in Illinois and who is not an Illinois | 5 | | resident, shall furnish to
the Department of State Police his | 6 | | or her driver's license number or state
identification card | 7 | | number from his or her state of residence. The Department
of | 8 | | State Police may adopt rules to enforce the provisions of this
| 9 | | subsection (a-10).
| 10 | | (a-15) If an applicant applying for a Firearm Owner's | 11 | | Identification Card moves from the residence address named in | 12 | | the application, he or she shall immediately notify in a form | 13 | | and manner prescribed by the Department of State Police of that | 14 | | change of address. | 15 | | (a-20) Each applicant for a Firearm Owner's Identification | 16 | | Card shall furnish to the Department of State Police his or her | 17 | | photograph. An applicant who is 21 years of age or older | 18 | | seeking a religious exemption to the photograph requirement | 19 | | must furnish with the application an approved copy of United | 20 | | States Department of the Treasury Internal Revenue Service Form | 21 | | 4029. In lieu of a photograph, an applicant regardless of age | 22 | | seeking a religious exemption to the photograph requirement | 23 | | shall submit fingerprints on a form and manner prescribed by | 24 | | the Department with his or her application. | 25 | | (a-25) On and after the effective date of this amendatory | 26 | | Act of the 99th General Assembly, each applicant for the |
| | | SB3448 | - 7 - | LRB099 23678 SLF 51188 b |
|
| 1 | | issuance or renewal of a Firearm Owner's Identification Card | 2 | | shall include a full set of fingerprints in electronic format | 3 | | to the Department of State Police for the purpose of identity | 4 | | verification, unless the applicant has previously provided a | 5 | | full set of fingerprints to the Department under this Act or | 6 | | the Concealed Carry Act. | 7 | | (b) Each application form shall include the following | 8 | | statement printed in
bold type: "Warning: Entering false | 9 | | information on an application for a Firearm
Owner's | 10 | | Identification Card is punishable as a Class 2 felony in | 11 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 12 | | Owners Identification Card
Act.".
| 13 | | (c) Upon such written consent, pursuant to Section 4, | 14 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 15 | | consent shall be liable for any
damages resulting from the | 16 | | applicant's use of firearms or firearm ammunition.
| 17 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| 18 | | Section 10. The Firearm Concealed Carry Act is amended by | 19 | | changing Section 30 as follows: | 20 | | (430 ILCS 66/30)
| 21 | | Sec. 30. Contents of license application. | 22 | | (a) The license application shall be in writing, under | 23 | | penalty of perjury, on a standard form adopted by the | 24 | | Department and shall be accompanied by the documentation |
| | | SB3448 | - 8 - | LRB099 23678 SLF 51188 b |
|
| 1 | | required in this Section and the applicable fee. Each | 2 | | application form shall include the following statement printed | 3 | | in bold type: "Warning: Entering false information on this form | 4 | | is punishable as perjury under Section 32-2 of the Criminal | 5 | | Code of 2012." | 6 | | (b) The application shall contain the following: | 7 | | (1) the applicant's name, current address, date and | 8 | | year of birth, place of birth, height, weight, hair color, | 9 | | eye color, maiden name or any other name the applicant has | 10 | | used or identified with, and any address where the | 11 | | applicant resided for more than 30 days within the 10 years | 12 | | preceding the date of the license application; | 13 | | (2) the applicant's valid driver's license number or | 14 | | valid state identification card number; | 15 | | (3) a waiver of the applicant's privacy and | 16 | | confidentiality rights and privileges under all federal | 17 | | and state laws, including those limiting access to juvenile | 18 | | court, criminal justice, psychological, or psychiatric | 19 | | records or records relating to any institutionalization of | 20 | | the applicant, and an affirmative request that a person | 21 | | having custody of any of these records provide it or | 22 | | information concerning it to the Department. The waiver | 23 | | only applies to records sought in connection with | 24 | | determining whether the applicant qualifies for a license | 25 | | to carry a concealed firearm under this Act, or whether the | 26 | | applicant remains in compliance with the Firearm Owners |
| | | SB3448 | - 9 - | LRB099 23678 SLF 51188 b |
|
| 1 | | Identification Card Act; | 2 | | (4) an affirmation that the applicant possesses a | 3 | | currently valid Firearm Owner's Identification Card and | 4 | | card number if possessed or notice the applicant is | 5 | | applying for a Firearm Owner's Identification Card in | 6 | | conjunction with the license application; | 7 | | (5) an affirmation that the applicant has not been | 8 | | convicted or found guilty of: | 9 | | (A) a felony; | 10 | | (B) a misdemeanor involving the use or threat of | 11 | | physical force or violence to any person within the 5 | 12 | | years preceding the date of the application; or | 13 | | (C) 2 or more violations related to driving while | 14 | | under the influence of alcohol, other drug or drugs, | 15 | | intoxicating compound or compounds, or any combination | 16 | | thereof, within the 5 years preceding the date of the | 17 | | license application; and | 18 | | (6) whether the applicant has failed a drug test for a | 19 | | drug for which the applicant did not have a prescription, | 20 | | within the previous year, and if so, the provider of the | 21 | | test, the specific substance involved, and the date of the | 22 | | test; | 23 | | (7) written consent for the Department to review and | 24 | | use the applicant's Illinois digital driver's license or | 25 | | Illinois identification card photograph and signature; | 26 | | (8) a full set of fingerprints submitted to the |
| | | SB3448 | - 10 - | LRB099 23678 SLF 51188 b |
|
| 1 | | Department in electronic format for the purpose of | 2 | | verification of identity , provided the Department may | 3 | | accept an application submitted without a set of | 4 | | fingerprints in which case the Department shall be granted | 5 | | 30 days in addition to the 90 days provided under | 6 | | subsection (e) of Section 10 of this Act to issue or deny a | 7 | | license ; | 8 | | (9) a head and shoulder color photograph in a size | 9 | | specified by the Department taken within the 30 days | 10 | | preceding the date of the license application; and | 11 | | (10) a photocopy of any certificates or other evidence | 12 | | of compliance with the training requirements under this | 13 | | Act.
| 14 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
|
|