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90_HB0127enr
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.
Requires that a Firearm Owner's Identification Card be
revoked if the holder has been convicted of domestic battery.
Prohibits the issuance of a Firearm Owner's Identification
Card to a person who has been convicted of domestic battery.
(Current law requires revocation (or prohibits issuance) of a
Card in the case of a person who has been convicted of
domestic battery in the past 5 years.)
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1 AN ACT to amend the Firearm Owners Identification Card
2 Act by changing Sections 4 and 8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Firearm Owners Identification Card Act is
6 amended by changing Sections 4 and 8 as follows:
7 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
8 Sec. 4. (a) Each applicant for a Firearm Owner's
9 Identification Card shall:
10 (1) Make application on blank forms prepared and
11 furnished at convenient locations throughout the State by
12 the Department of State Police; and
13 (2) Submit evidence under penalty of perjury to the
14 Department of State Police that:
15 (i) He is 21 years of age or over, or if he is
16 under 21 years of age that he has the written
17 consent of his parent or legal guardian to possess
18 and acquire firearms and firearm ammunition and that
19 he has never been convicted of a misdemeanor other
20 than a traffic offense or adjudged delinquent,
21 provided, however, that such parent or legal
22 guardian is not an individual prohibited from having
23 a Firearm Owner's Identification Card and files an
24 affidavit with the Department as prescribed by the
25 Department stating that he is not an individual
26 prohibited from having a Card;
27 (ii) He has not been convicted of a felony
28 under the laws of this or any other jurisdiction;
29 (iii) He is not addicted to narcotics;
30 (iv) He has not been a patient in a mental
31 institution within the past 5 years;
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1 (v) He is not mentally retarded;
2 (vi) He is not an alien who is unlawfully
3 present in the United States under the laws of the
4 United States;
5 (vii) He or she is not subject to an existing
6 order of protection prohibiting him or her from
7 possessing a firearm; and
8 (viii) He or she has not been convicted within
9 the past 5 years of domestic battery, battery,
10 assault, aggravated assault, violation of an order
11 of protection, or a substantially similar offense in
12 another jurisdiction, in which a firearm was used or
13 possessed;.
14 (ix) He or she has not been convicted of
15 domestic battery or a substantially similar offense
16 in another jurisdiction committed on or after the
17 effective date of this amendatory Act of 1997; and
18 (x) He or she has not been convicted within
19 the past 5 years of domestic battery or a
20 substantially similar offense in another
21 jurisdiction committed before the effective date of
22 this amendatory Act of 1997.
23 (b) Each application form shall include the following
24 statement printed in bold type: "Warning: False statements
25 of the applicant shall result in prosecution for perjury in
26 accordance with Section 32-2 of the Criminal Code of 1961.".
27 (c) Upon such written consent, pursuant to Section 4,
28 paragraph (a) (2) (i), the parent or legal guardian giving
29 the consent shall be liable for any damages resulting from
30 the applicant's use of firearms or firearm ammunition.
31 (Source: P.A. 88-680, eff. 1-1-95; 89-367, eff. 1-1-96.)
32 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
33 Sec. 8. The Department of State Police has authority to
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1 deny an application for or to revoke and seize a Firearm
2 Owner's Identification Card previously issued under this Act
3 only if the Department finds that the applicant or the person
4 to whom such card was issued is or was at the time of
5 issuance:
6 (a) A person under 21 years of age who has been
7 convicted of a misdemeanor other than a traffic offense or
8 adjudged delinquent;
9 (b) A person under 21 years of age who does not have the
10 written consent of his parent or guardian to acquire and
11 possess firearms and firearm ammunition, or whose parent or
12 guardian has revoked such written consent, or where such
13 parent or guardian does not qualify to have a Firearm Owner's
14 Identification Card;
15 (c) A person convicted of a felony under the laws of
16 this or any other jurisdiction;
17 (d) A person addicted to narcotics;
18 (e) A person who has been a patient of a mental
19 institution within the past 5 years;
20 (f) A person whose mental condition is of such a nature
21 that it poses a clear and present danger to the applicant,
22 any other person or persons or the community;
23 For the purposes of this Section, "mental condition"
24 means a state of mind manifested by violent, suicidal,
25 threatening or assaultive behavior.
26 (g) A person who is mentally retarded;
27 (h) A person who intentionally makes a false statement
28 in the Firearm Owner's Identification Card application;
29 (i) An alien who is unlawfully present in the United
30 States under the laws of the United States;
31 (j) A person who is subject to an existing order of
32 protection prohibiting him or her from possessing a firearm;
33 or
34 (k) A person who has been convicted within the past 5
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1 years of domestic battery, battery, assault, aggravated
2 assault, violation of an order of protection, or a
3 substantially similar offense in another jurisdiction, in
4 which a firearm was used or possessed;.
5 (l) A person who has been convicted of domestic battery
6 or a substantially similar offense in another jurisdiction
7 committed on or after the effective date of this amendatory
8 Act of 1997; or
9 (m) A person who has been convicted within the past 5
10 years of domestic battery or a substantially similar offense
11 in another jurisdiction committed before the effective date
12 of this amendatory Act of 1997.
13 (Source: P.A. 88-680, eff. 1-1-95; 89-367, eff. 1-1-96.)