98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2646
 
Introduced 1/21/2014, 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.



LRB098 15964 RLC 51014 b


 
 
A BILL FOR
 


SB2646LRB098 15964 RLC 51014 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; 
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 item (2) 
8 of subsection (e) of this Section, shall not be permitted 
9 to obtain a Firearm Owner's Identification Card, after the 
10 5-year 5 year period has lapsed, unless he or she has 
11 received a mental health evaluation by a physician, 
12 clinical psychologist, or qualified examiner as those 
13 terms are 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; or 
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 (v) 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; revised 9-24-13.)