100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4530
 
Introduced , by Rep. C.D. Davidsmeyer
 
SYNOPSIS AS INTRODUCED:



    
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 66/25

 Amends the Firearm Owners Identification Card Act. Provides that a person who is under 21 years of age may apply for a Firearm Owner's Identification Card without parental consent required if he or she is an active duty member of the United States Armed Forces. Amends the Firearm Concealed Carry Act. Provides that the Department of State Police shall issue a concealed carry license to an applicant who is an active duty member of the United States Armed Forces. 



LRB100 14493 SLF 29277 b


 
 
A BILL FOR
 


HB4530LRB100 14493 SLF 29277 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 Section 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 
18 never been convicted of a misdemeanor other than a 
19 traffic offense or adjudged delinquent and is an active 
20 duty member of the United States Armed Forces or has 
21 the written consent of his or her parent or
legal 
22 guardian to possess and acquire firearms and firearm 
23 ammunition and that
he or she has never been convicted 
 
 
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1 of a misdemeanor other than a traffic
offense or 
2 adjudged
delinquent, provided, however, that such 
3 parent or legal guardian is not an
individual 
4 prohibited from having a Firearm Owner's 
5 Identification Card and
files an affidavit with the 
6 Department as prescribed by the Department
stating 
7 that he or she is not an individual prohibited from 
8 having a Card;


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


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


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


17   (v) He or she is not a person with an intellectual 
18 disability;


19   (vi) He or she is not an alien who is unlawfully 
20 present in the
United States under the laws of the 
21 United States;


22   (vii) He or she is not subject to an existing order 
23 of protection
prohibiting him or her from possessing a 
24 firearm;


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


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

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


20   (x) (Blank);


21   (xi) He or she is not an alien who has been 
22 admitted to the United
States under a non-immigrant 
23 visa (as that term is defined in Section
101(a)(26) of 
24 the Immigration and Nationality Act (8 U.S.C. 
25 1101(a)(26))),
or that he or she is an alien who has 
26 been lawfully admitted to the United
States under a 
 
 
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1 non-immigrant visa if that alien is:


2    (1) admitted to the United States for lawful 
3 hunting or sporting
purposes;


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


6     (A) accredited to the United States 
7 Government or the Government's
mission to an 
8 international organization having its 
9 headquarters in the United
States; or


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


12    (3) an official of a foreign government or 
13 distinguished foreign
visitor who has been so 
14 designated by the Department of State;


15    (4) a foreign law enforcement officer of a 
16 friendly foreign
government entering the United 
17 States on official business; or


18    (5) one who has received a waiver from the 
19 Attorney General of the
United States pursuant to 
20 18 U.S.C. 922(y)(3);


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


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

4   (xiv) He or she is a resident of the State of 
5 Illinois; 
6   (xv) He or she has not been adjudicated as a person 
7 with a mental disability; 
8   (xvi) He or she has not been involuntarily admitted 
9 into a mental health facility; and 
10   (xvii) He or she is not a person with a 
11 developmental disability; and 

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

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

24 requested. The information received shall be destroyed 
25 within one year of
receipt.

26 (a-5) Each applicant for a Firearm Owner's Identification 
 
 
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1Card who is over
the age of 18 shall furnish to the Department 
2of State Police either his or
her Illinois driver's license 
3number or Illinois Identification Card number, except as

4provided in subsection (a-10).

5 (a-10) Each applicant for a Firearm Owner's Identification 
6Card,
who is employed as a law enforcement officer, an armed 
7security officer in Illinois, or by the United States Military

8permanently assigned in Illinois and who is not an Illinois 
9resident, shall furnish to
the Department of State Police his 
10or her driver's license number or state
identification card 
11number from his or her state of residence. The Department
of 
12State Police may adopt rules to enforce the provisions of this

13subsection (a-10).

14 (a-15) If an applicant applying for a Firearm Owner's 
15Identification Card moves from the residence address named in 
16the application, he or she shall immediately notify in a form 
17and manner prescribed by the Department of State Police of that 
18change of address.
19 (a-20) Each applicant for a Firearm Owner's Identification 
20Card shall furnish to the Department of State Police his or her 
21photograph. An applicant who is 21 years of age or older 
22seeking a religious exemption to the photograph requirement 
23must furnish with the application an approved copy of United 
24States Department of the Treasury Internal Revenue Service Form 
254029. In lieu of a photograph, an applicant regardless of age 
26seeking a religious exemption to the photograph requirement 
 
 
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1shall submit fingerprints on a form and manner prescribed by 
2the Department with his or her application. 
3 (b) Each application form shall include the following 
4statement printed in
bold type: "Warning: Entering false 
5information on an application for a Firearm
Owner's 
6Identification Card is punishable as a Class 2 felony in 
7accordance
with subsection (d-5) of Section 14 of the Firearm 
8Owners Identification Card
Act.".

9 (c) Upon such written consent, pursuant to Section 4, 
10paragraph (a)(2)(i),
the parent or legal guardian giving the 
11consent shall be liable for any
damages resulting from the 
12applicant's use of firearms or firearm ammunition.

13(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)




14 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

15 Sec. 8. Grounds for denial and revocation. The Department 
16of State Police has authority to deny an
application for or to 
17revoke and seize a Firearm Owner's Identification
Card 
18previously issued under this Act only if the Department finds 
19that the
applicant or the person to whom such card was issued 
20is or was at the time
of issuance:

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

24  (b) A person under 21 years of age who is not an active 
25 duty member of the of the United States Armed Forces and 
 
 
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1 does not have the written consent
of his parent or guardian 
2 to acquire and possess firearms and firearm
ammunition, or 
3 whose parent or guardian has revoked such written consent,

4 or where such parent or guardian does not qualify to have a 
5 Firearm Owner's
Identification Card;

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

8  (d) A person addicted to narcotics;

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

22  (f) A person whose mental condition is of such a nature 
23 that it poses
a clear and present danger to the applicant, 
24 any other person or persons or
the community;

25  (g) A person who has an intellectual disability;

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

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

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

11   (1) admitted to the United States for lawful 
12 hunting or sporting purposes;

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

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

18 States; or

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

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

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

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

4  (j) (Blank);

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

9 used or possessed;

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

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

2  (m) (Blank);

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

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


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

14  (q) A person who is not a resident of the State of 
15 Illinois, except as provided in subsection (a-10) of 
16 Section 4; 
17  (r) A person who has been adjudicated as a person with 
18 a mental disability; 
19  (s) A person who has been found to have a developmental 
20 disability; 
21  (t) A person involuntarily admitted into a mental 
22 health facility; or 
23  (u) A person who has had his or her Firearm Owner's 
24 Identification Card revoked or denied under subsection (e) 
25 of this Section or item (iv) of paragraph (2) of subsection 
26 (a) of Section 4 of this Act because he or she was a 
 
 
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1 patient in a mental health facility as provided in 
2 subsection (e) of this Section, shall not be permitted to 
3 obtain a Firearm Owner's Identification Card, after the 
4 5-year period has lapsed, unless he or she has received a 
5 mental health evaluation by a physician, clinical 
6 psychologist, or qualified examiner as those terms are 
7 defined in the Mental Health and Developmental 
8 Disabilities Code, and has received a certification that he 
9 or she is not a clear and present danger to himself, 
10 herself, or others. The physician, clinical psychologist, 
11 or qualified examiner making the certification and his or 
12 her employer shall not be held criminally, civilly, or 
13 professionally liable for making or not making the 
14 certification required under this subsection, except for 
15 willful or wanton misconduct. This subsection does not 
16 apply to a person whose firearm possession rights have been 
17 restored through administrative or judicial action under 
18 Section 10 or 11 of this Act. 
19 Upon revocation of a person's Firearm Owner's 
20Identification Card, the Department of State Police shall 
21provide notice to the person and the person shall comply with 
22Section 9.5 of this Act. 
23(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, 
24eff. 7-16-14; 99-143, eff. 7-27-15.)


25 Section 10. The Firearm Concealed Carry Act is amended by 
 
 
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1changing Section 25 as follows:

2 (430 ILCS 66/25)

3 Sec. 25. Qualifications for a license. 
4 The Department shall issue a license to an applicant 
5completing an application in accordance with Section 30 of this 
6Act if the person:
7  (1) is at least 21 years of age or is an active duty 
8 member of the United States Armed Forces;
9  (2) has a currently valid Firearm Owner's 
10 Identification Card and at the time of application meets 
11 the requirements for the issuance of a Firearm Owner's 
12 Identification Card and is not prohibited under the Firearm 
13 Owners Identification Card Act or federal law from 
14 possessing or receiving a firearm;
15  (3) has not been convicted or found guilty in this 
16 State or in any other state of:
17   (A) a misdemeanor involving the use or threat of 
18 physical force or violence to any person within the 5 
19 years preceding the date of the license application; or
20   (B) 2 or more violations related to driving while 
21 under the influence of alcohol, other drug or drugs, 
22 intoxicating compound or compounds, or any combination 
23 thereof, within the 5 years preceding the date of the 
24 license application;
25  (4) is not the subject of a pending arrest warrant, 
 
 
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1 prosecution, or proceeding for an offense or action that 
2 could lead to disqualification to own or possess a firearm;
3  (5) has not been in residential or court-ordered 
4 treatment for alcoholism, alcohol detoxification, or drug 
5 treatment within the 5 years immediately preceding the date 
6 of the license application; and
7  (6) has completed firearms training and any education 
8 component required under Section 75 of this Act.

9(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)