99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3385
 
Introduced , by Rep. Jerry F. Costello, II
 
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. Lowers the age in which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. 



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A BILL FOR
 


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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 18 21 years of age or over, or if 
17 he or she is under 18 21
years of age that he or she has 
18 the written consent of his or her parent or
legal 
19 guardian to possess and acquire firearms and firearm 
20 ammunition and that, if he or she is under 21 years of 
21 age, he or she has never been convicted of a 
22 misdemeanor other than a traffic
offense or adjudged

23 delinquent, provided, however, that, if the applicant 
 
 
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1 is under 18 years of age, the such parent or legal 
2 guardian is not an
individual prohibited from having a 
3 Firearm Owner's Identification Card and
files an 
4 affidavit with the Department as prescribed by the 
5 Department
stating that he or she is not an individual 
6 prohibited from having a Card;


7   (ii) He or she has not been convicted of a felony 
8 under the laws of
this or any other jurisdiction;


9   (iii) He or she is not addicted to narcotics;


10   (iv) He or she has not been a patient in a mental 
11 health facility within
the past 5 years or, if he or 
12 she has been a patient in a mental health facility more 
13 than 5 years ago submit the certification required 
14 under subsection (u) of Section 8 of this Act;


15   (v) He or she is not intellectually disabled;


16   (vi) He or she is not an alien who is unlawfully 
17 present in the
United States under the laws of the 
18 United States;


19   (vii) He or she is not subject to an existing order 
20 of protection
prohibiting him or her from possessing a 
21 firearm;


22   (viii) He or she has not been convicted within the 
23 past 5 years of
battery, assault, aggravated assault, 
24 violation of an order of
protection, or a substantially 
25 similar offense in another jurisdiction, in
which a 
26 firearm was used or possessed;


 
 
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1   (ix) He or she has not been convicted of domestic 
2 battery, aggravated domestic battery, or a

3 substantially similar offense in another
jurisdiction 
4 committed before, on or after January 1, 2012 (the 
5 effective date of Public Act 97-158). If the applicant 
6 knowingly and intelligently waives the right to have an 
7 offense described in this clause (ix) tried by a jury, 
8 and by guilty plea or otherwise, results in a 
9 conviction for an offense in which a domestic 
10 relationship is not a required element of the offense 
11 but in which a determination of the applicability of 18 
12 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the 
13 Code of Criminal Procedure of 1963, an entry by the 
14 court of a judgment of conviction for that offense 
15 shall be grounds for denying the issuance of a Firearm 
16 Owner's Identification Card under this Section;


17   (x) (Blank);


18   (xi) He or she is not an alien who has been 
19 admitted to the United
States under a non-immigrant 
20 visa (as that term is defined in Section
101(a)(26) of 
21 the Immigration and Nationality Act (8 U.S.C. 
22 1101(a)(26))),
or that he or she is an alien who has 
23 been lawfully admitted to the United
States under a 
24 non-immigrant visa if that alien is:


25    (1) admitted to the United States for lawful 
26 hunting or sporting
purposes;


 
 
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1    (2) an official representative of a foreign 
2 government who is:


3     (A) accredited to the United States 
4 Government or the Government's
mission to an 
5 international organization having its 
6 headquarters in the United
States; or


7     (B) en route to or from another country to 
8 which that alien is
accredited;


9    (3) an official of a foreign government or 
10 distinguished foreign
visitor who has been so 
11 designated by the Department of State;


12    (4) a foreign law enforcement officer of a 
13 friendly foreign
government entering the United 
14 States on official business; or


15    (5) one who has received a waiver from the 
16 Attorney General of the
United States pursuant to 
17 18 U.S.C. 922(y)(3);


18   (xii) He or she is not a minor subject to a 
19 petition filed
under Section 5-520 of the Juvenile 
20 Court Act of 1987 alleging that the
minor is a 
21 delinquent minor for the commission of an offense that 
22 if
committed by an adult would be a felony;


23   (xiii) He or she is not an adult who had been 
24 adjudicated a delinquent
minor under the Juvenile 
25 Court Act of 1987 for the commission of an offense
that 
26 if committed by an adult would be a felony;

 
 
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1   (xiv) He or she is a resident of the State of 
2 Illinois; 
3   (xv) He or she has not been adjudicated as a 
4 mentally disabled person; 
5   (xvi) He or she has not been involuntarily admitted 
6 into a mental health facility; and 
7   (xvii) He or she is not developmentally disabled; 
8 and 

9  (3) Upon request by the Department of State Police, 
10 sign a release on a
form prescribed by the Department of 
11 State Police waiving any right to
confidentiality and 
12 requesting the disclosure to the Department of State Police

13 of limited mental health institution admission information 
14 from another state,
the District of Columbia, any other 
15 territory of the United States, or a
foreign nation 
16 concerning the applicant for the sole purpose of 
17 determining
whether the applicant is or was a patient in a 
18 mental health institution and
disqualified because of that 
19 status from receiving a Firearm Owner's
Identification 
20 Card. No mental health care or treatment records may be

21 requested. The information received shall be destroyed 
22 within one year of
receipt.

23 (a-5) Each applicant for a Firearm Owner's Identification 
24Card who is over
the age of 18 shall furnish to the Department 
25of State Police either his or
her Illinois driver's license 
26number or Illinois Identification Card number, except as

 
 
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1provided in subsection (a-10).

2 (a-10) Each applicant for a Firearm Owner's Identification 
3Card,
who is employed as a law enforcement officer, an armed 
4security officer in Illinois, or by the United States Military

5permanently assigned in Illinois and who is not an Illinois 
6resident, shall furnish to
the Department of State Police his 
7or her driver's license number or state
identification card 
8number from his or her state of residence. The Department
of 
9State Police may adopt rules to enforce the provisions of this

10subsection (a-10).

11 (a-15) If an applicant applying for a Firearm Owner's 
12Identification Card moves from the residence address named in 
13the application, he or she shall immediately notify in a form 
14and manner prescribed by the Department of State Police of that 
15change of address.
16 (a-20) Each applicant for a Firearm Owner's Identification 
17Card shall furnish to the Department of State Police his or her 
18photograph. An applicant who is 18 21 years of age or older 
19seeking a religious exemption to the photograph requirement 
20must furnish with the application an approved copy of United 
21States Department of the Treasury Internal Revenue Service Form 
224029. In lieu of a photograph, an applicant regardless of age 
23seeking a religious exemption to the photograph requirement 
24shall submit fingerprints on a form and manner prescribed by 
25the Department with his or her application. 
26 (b) Each application form shall include the following 
 
 
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1statement printed in
bold type: "Warning: Entering false 
2information on an application for a Firearm
Owner's 
3Identification Card is punishable as a Class 2 felony in 
4accordance
with subsection (d-5) of Section 14 of the Firearm 
5Owners Identification Card
Act.".

6 (c) Upon such written consent, pursuant to Section 4, 
7paragraph (a)(2)(i),
the parent or legal guardian giving the 
8consent shall be liable for any
damages resulting from the 
9applicant's use of firearms or firearm ammunition.

10(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, 
11eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; 
1298-63, eff. 7-9-13.)




13 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

14 Sec. 8. Grounds for denial and revocation. The Department 
15of State Police has authority to deny an
application for or to 
16revoke and seize a Firearm Owner's Identification
Card 
17previously issued under this Act only if the Department finds 
18that the
applicant or the person to whom such card was issued 
19is or was at the time
of issuance:

20  (a) A person under 21 years of age who has been 
21 convicted of a
misdemeanor other than a traffic offense or 
22 adjudged delinquent;

23  (b) A person under 18 21 years of age who does not have 
24 the written consent
of his parent or guardian to acquire 
25 and possess firearms and firearm
ammunition, or whose 
 
 
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1 parent or guardian has revoked such written consent,
or 
2 where such parent or guardian does not qualify to have a 
3 Firearm Owner's
Identification Card;

4  (c) A person convicted of a felony under the laws of 
5 this or any other
jurisdiction;

6  (d) A person addicted to narcotics;

7  (e) A person who has been a patient of a mental health 
8 facility within the
past 5 years or a person who has been a 
9 patient in a mental health facility more than 5 years ago 
10 who has not received the certification required under 
11 subsection (u) of this Section. An active law enforcement 
12 officer employed by a unit of government who is denied, 
13 revoked, or has his or her Firearm Owner's Identification 
14 Card seized under this subsection (e) may obtain relief as 
15 described in subsection (c-5) of Section 10 of this Act if 
16 the officer did not act in a manner threatening to the 
17 officer, another person, or the public as determined by the 
18 treating clinical psychologist or physician, and the 
19 officer seeks mental health treatment;

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  (g) A person who is intellectually disabled;

24  (h) A person who intentionally makes a false statement 
25 in the Firearm
Owner's Identification Card application;

26  (i) An alien who is unlawfully present in
the United 
 
 
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1 States under the laws of the United States;

2  (i-5) An alien who has been admitted to the United 
3 States under a
non-immigrant visa (as that term is defined 
4 in Section 101(a)(26) of the
Immigration and Nationality 
5 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
6 (i-5) does not apply to any alien who has been lawfully 
7 admitted to
the United States under a non-immigrant visa if 
8 that alien is:

9   (1) admitted to the United States for lawful 
10 hunting or sporting purposes;

11   (2) an official representative of a foreign 
12 government who is:

13    (A) accredited to the United States Government 
14 or the Government's
mission to an international 
15 organization having its headquarters in the United

16 States; or

17    (B) en route to or from another country to 
18 which that alien is
accredited;

19   (3) an official of a foreign government or 
20 distinguished foreign visitor
who has been so 
21 designated by the Department of State;

22   (4) a foreign law enforcement officer of a friendly 
23 foreign government
entering the United States on 
24 official business; or

25   (5) one who has received a waiver from the Attorney 
26 General of the United
States pursuant to 18 U.S.C. 
 
 
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1 922(y)(3);

2  (j) (Blank);

3  (k) A person who has been convicted within the past 5 
4 years of battery,
assault, aggravated assault, violation 
5 of an order of protection, or a
substantially similar 
6 offense in another jurisdiction, in which a firearm was

7 used or possessed;

8  (l) A person who has been convicted of domestic 
9 battery, aggravated domestic battery, or a substantially

10 similar offense in another jurisdiction committed before, 
11 on or after January 1, 2012 (the effective date of Public 
12 Act 97-158). If the applicant or person who has been 
13 previously issued a Firearm Owner's Identification Card 
14 under this Act knowingly and intelligently waives the right 
15 to have an offense described in this paragraph (l) tried by 
16 a jury, and by guilty plea or otherwise, results in a 
17 conviction for an offense in which a domestic relationship 
18 is not a required element of the offense but in which a 
19 determination of the applicability of 18 U.S.C. 922(g)(9) 
20 is made under Section 112A-11.1 of the Code of Criminal 
21 Procedure of 1963, an entry by the court of a judgment of 
22 conviction for that offense shall be grounds for denying an 
23 application for and for revoking and seizing a Firearm 
24 Owner's Identification Card previously issued to the 
25 person under this Act;

26  (m) (Blank);

 
 
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1  (n) A person who is prohibited from acquiring or 
2 possessing
firearms or firearm ammunition by any Illinois 
3 State statute or by federal
law;

4  (o) A minor subject to a petition filed under Section 
5 5-520 of the
Juvenile Court Act of 1987 alleging that the 
6 minor is a delinquent minor for
the commission of an 
7 offense that if committed by an adult would be a felony;


8  (p) An adult who had been adjudicated a delinquent 
9 minor under the Juvenile
Court Act of 1987 for the 
10 commission of an offense that if committed by an
adult 
11 would be a felony;

12  (q) A person who is not a resident of the State of 
13 Illinois, except as provided in subsection (a-10) of 
14 Section 4; 
15  (r) A person who has been adjudicated as a mentally 
16 disabled person; 
17  (s) A person who has been found to be developmentally 
18 disabled; 
19  (t) A person involuntarily admitted into a mental 
20 health facility; or 
21  (u) A person who has had his or her Firearm Owner's 
22 Identification Card revoked or denied under subsection (e) 
23 of this Section or item (iv) of paragraph (2) of subsection 
24 (a) of Section 4 of this Act because he or she was a 
25 patient in a mental health facility as provided in 
26 subsection (e) of this Section, shall not be permitted to 
 
 
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1 obtain a Firearm Owner's Identification Card, after the 
2 5-year period has lapsed, unless he or she has received a 
3 mental health evaluation by a physician, clinical 
4 psychologist, or qualified examiner as those terms are 
5 defined in the Mental Health and Developmental 
6 Disabilities Code, and has received a certification that he 
7 or she is not a clear and present danger to himself, 
8 herself, or others. The physician, clinical psychologist, 
9 or qualified examiner making the certification and his or 
10 her employer shall not be held criminally, civilly, or 
11 professionally liable for making or not making the 
12 certification required under this subsection, except for 
13 willful or wanton misconduct. This subsection does not 
14 apply to a person whose firearm possession rights have been 
15 restored through administrative or judicial action under 
16 Section 10 or 11 of this Act. 
17 Upon revocation of a person's Firearm Owner's 
18Identification Card, the Department of State Police shall 
19provide notice to the person and the person shall comply with 
20Section 9.5 of this Act. 
21(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, 
22eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; 
2398-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff. 
247-16-14.)