Illinois General Assembly - Full Text of SB2857
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Full Text of SB2857  99th General Assembly

SB2857 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2857

 

Introduced 2/17/2016, 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 16417 RLC 40750 b

 

 

A BILL FOR

 

SB2857LRB099 16417 RLC 40750 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 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

 

 

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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

 

 

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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

 

 

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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            (xviii) He or she has been issued a policy of
9        liability insurance in the amount of at least $100,000
10        specifically covering any damages resulting from
11        negligent or willful acts involving the use of a
12        firearm while owned or carried by the person. For the
13        purposes of this clause (xviii), a person shall be
14        deemed the owner of a firearm after the firearm is lost
15        or stolen until the loss or theft is reported to the
16        police department or sheriff of the jurisdiction in
17        which the owner resides; and
18        (3) Upon request by the Department of State Police,
19    sign a release on a form prescribed by the Department of
20    State Police waiving any right to confidentiality and
21    requesting the disclosure to the Department of State Police
22    of limited mental health institution admission information
23    from another state, the District of Columbia, any other
24    territory of the United States, or a foreign nation
25    concerning the applicant for the sole purpose of
26    determining whether the applicant is or was a patient in a

 

 

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

 

 

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1photograph. An applicant who is 21 years of age or older
2seeking a religious exemption to the photograph requirement
3must furnish with the application an approved copy of United
4States Department of the Treasury Internal Revenue Service Form
54029. In lieu of a photograph, an applicant regardless of age
6seeking a religious exemption to the photograph requirement
7shall submit fingerprints on a form and manner prescribed by
8the Department with his or her application.
9    (b) Each application form shall include the following
10statement printed in bold type: "Warning: Entering false
11information on an application for a Firearm Owner's
12Identification Card is punishable as a Class 2 felony in
13accordance with subsection (d-5) of Section 14 of the Firearm
14Owners Identification Card Act.".
15    (c) Upon such written consent, pursuant to Section 4,
16paragraph (a)(2)(i), the parent or legal guardian giving the
17consent shall be liable for any damages resulting from the
18applicant's use of firearms or firearm ammunition.
19(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
20    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
21    Sec. 8. Grounds for denial and revocation. The Department
22of State Police has authority to deny an application for or to
23revoke and seize a Firearm Owner's Identification Card
24previously issued under this Act only if the Department finds
25that the applicant or the person to whom such card was issued

 

 

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

 

 

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

 

 

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1        distinguished foreign visitor who has been so
2        designated by the Department of State;
3            (4) a foreign law enforcement officer of a friendly
4        foreign government entering the United States on
5        official business; or
6            (5) one who has received a waiver from the Attorney
7        General of the United States pursuant to 18 U.S.C.
8        922(y)(3);
9        (j) (Blank);
10        (k) A person who has been convicted within the past 5
11    years of battery, assault, aggravated assault, violation
12    of an order of protection, or a substantially similar
13    offense in another jurisdiction, in which a firearm was
14    used or possessed;
15        (l) A person who has been convicted of domestic
16    battery, aggravated domestic battery, or a substantially
17    similar offense in another jurisdiction committed before,
18    on or after January 1, 2012 (the effective date of Public
19    Act 97-158). If the applicant or person who has been
20    previously issued a Firearm Owner's Identification Card
21    under this Act knowingly and intelligently waives the right
22    to have an offense described in this paragraph (l) tried by
23    a jury, and by guilty plea or otherwise, results in a
24    conviction for an offense in which a domestic relationship
25    is not a required element of the offense but in which a
26    determination of the applicability of 18 U.S.C. 922(g)(9)

 

 

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

 

 

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

 

 

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1    or willful acts involving the use of a firearm while owned
2    or carried by the person or whose liability insurance has
3    been cancelled, not renewed, or revoked. For the purposes
4    of this subsection (v), a person shall be deemed the owner
5    of a firearm after the firearm is lost or stolen until the
6    loss or theft is reported to the police department or
7    sheriff of the jurisdiction in which the owner resides.
8    Upon revocation of a person's Firearm Owner's
9Identification Card, the Department of State Police shall
10provide notice to the person and the person shall comply with
11Section 9.5 of this Act.
12(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
13eff. 7-16-14; 99-143, eff. 7-27-15.)