[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0514
SB48 Enrolled LRB9100790RCks
AN ACT in relation to mental health records of applicants
for Firearm Owner's Identification Cards.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 4 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must shall:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police; and
(2) Submit evidence under penalty of perjury to the
Department of State Police that:
(i) He or she is 21 years of age or over, or
if he or she is under 21 years of age that he or she
has the written consent of his or her parent or
legal guardian to possess and acquire firearms and
firearm ammunition and that he or she has never been
convicted of a misdemeanor other than a traffic
offense or adjudged delinquent, provided, however,
that such parent or legal guardian is not an
individual prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card;
(ii) He or she has not been convicted of a
felony under the laws of this or any other
jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a
mental institution within the past 5 years;
(v) He or she is not mentally retarded;
(vi) He or she is not an alien who is
unlawfully present in the United States under the
laws of the United States;
(vii) He or she is not subject to an existing
order of protection prohibiting him or her from
possessing a firearm;
(viii) He or she has not been convicted within
the past 5 years of battery, assault, aggravated
assault, violation of an order of protection, or a
substantially similar offense in another
jurisdiction, in which a firearm was used or
possessed;
(ix) He or she has not been convicted of
domestic battery or a substantially similar offense
in another jurisdiction committed on or after the
effective date of this amendatory Act of 1997; and
(x) He or she has not been convicted within
the past 5 years of domestic battery or a
substantially similar offense in another
jurisdiction committed before the effective date of
this amendatory Act of 1997; and.
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State
Police of limited mental health institution admission
information from another state, the District of Columbia,
any other territory of the United States, or a foreign
nation concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in
a mental health institution and disqualified because of
that status from receiving a Firearm Owner's
Identification Card. No mental health care or treatment
records may be requested. The information received shall
be destroyed within one year of receipt.
(b) Each application form shall include the following
statement printed in bold type: "Warning: False statements
of the applicant shall result in prosecution for perjury in
accordance with Section 32-2 of the Criminal Code of 1961.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a) (2) (i), the parent or legal guardian giving
the consent shall be liable for any damages resulting from
the applicant's use of firearms or firearm ammunition.
(Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98)
[ Top ]