101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4732
 
Introduced , by Rep. David A. Welter and Dan Caulkins
 
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 if an applicant for a Firearm Owner's Identification Card: (1) is 18 years of age or older but under 21 years of age, (2) is not an active duty member of the United States Armed Forces, and (3) does not have a parent or legal guardian to give written consent to his or her application, he or she must provide 2 signed, dated, and notarized personal references regarding his or her suitability to possess firearms and a signed, dated, and notarized statement detailing the reasons he or she does not have a parent or legal guardian. Provides that, if applicable, the applicant must provide death certificates or any applicable court orders regarding his or her circumstances resulting in his or her lack of a parent or legal guardian.



LRB101 16199 RLC 65571 b


 
 
A BILL FOR
 


HB4732LRB101 16199 RLC 65571 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. Application for Firearm Owner's Identification 
8Cards. 
9 (a) Each applicant for a Firearm Owner's Identification 
10Card must: 

11  (1) Make application on blank forms prepared and 
12 furnished at convenient
locations throughout the State by 
13 the Department of State Police, or by
electronic means, if 
14 and when made available by the Department of State
Police; 
15 and

16  (2) Submit evidence to the Department of State Police 
17 that:

18   (i) This subparagraph (i) applies through January 
19 8, 2020 the 180th day following the effective date of 
20 this amendatory Act of the 101st General Assembly. He 
21 or she is 21 years of age or over, or if he or she is 
22 under 21
years of age that he or she has the written 
23 consent of his or her parent or
legal guardian to 
 
 
HB4732- 2 -LRB101 16199 RLC 65571 b


1 possess and acquire firearms and firearm ammunition 
2 and that
he or she has never been convicted of a 
3 misdemeanor other than a traffic
offense or adjudged

4 delinquent, provided, however, that such parent or 
5 legal guardian is not an
individual prohibited from 
6 having a Firearm Owner's Identification Card and
files 
7 an affidavit with the Department as prescribed by the 
8 Department
stating that he or she is not an individual 
9 prohibited from having a Card;
10   (i-5) This subparagraph (i-5) applies on and after 
11 January 9, 2020 the 181st day following the effective 
12 date of this amendatory Act of the 101st General 
13 Assembly. Except as otherwise provided in subparagraph 
14 (i-6), he He or she is 21 years of age or over, or if he 
15 or she is under 21
years of age that he or she has 
16 never been convicted of a misdemeanor other than a 
17 traffic offense or adjudged delinquent and is an active 
18 duty member of the United States Armed Forces or has 
19 the written consent of his or her parent or
legal 
20 guardian to possess and acquire firearms and firearm 
21 ammunition, provided, however, that such parent or 
22 legal guardian is not an
individual prohibited from 
23 having a Firearm Owner's Identification Card and
files 
24 an affidavit with the Department as prescribed by the 
25 Department
stating that he or she is not an individual 
26 prohibited from having a Card or the active duty member 
 
 
HB4732- 3 -LRB101 16199 RLC 65571 b


1 of the United States Armed Forces under 21 years of age 
2 annually submits proof to the Department of State 
3 Police, in a manner prescribed by the Department; 

4   (i-6) The applicant (A) is 18 years of age or older 
5 but under 21 years of age; (B) is not an active duty 
6 member of the United States Armed Forces; and (C) does 
7 not have a parent or legal guardian to give written 
8 consent to his or her application;  
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, 
 
 
HB4732- 4 -LRB101 16199 RLC 65571 b


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 
 
 
HB4732- 5 -LRB101 16199 RLC 65571 b


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 
 
 
HB4732- 6 -LRB101 16199 RLC 65571 b


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 
 
 
HB4732- 7 -LRB101 16199 RLC 65571 b


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 
 
 
HB4732- 8 -LRB101 16199 RLC 65571 b


1shall submit fingerprints on a form and manner prescribed by 
2the Department with his or her application.
3 (a-25) Evidence submitted to meet the requirements of 
4subdivision (a)(2)(i-6) of this Section shall include the 
5following:
6  (1) 2 signed, dated, and notarized personal references 
7 regarding the applicant's suitability to possess firearms;
8  (2) a signed, dated, and notarized statement detailing 
9 the reasons the applicant does not have a parent or legal 
10 guardian; and
11  (3) the death certificates or any applicable court 
12 orders regarding circumstances of the applicant resulting 
13 in his or her lack of a parent or legal guardian. 
14 (b) Each application form shall include the following 
15statement printed in
bold type: "Warning: Entering false 
16information on an application for a Firearm
Owner's 
17Identification Card is punishable as a Class 2 felony in 
18accordance
with subsection (d-5) of Section 14 of the Firearm 
19Owners Identification Card
Act.".

20 (c) Upon such written consent, pursuant to Section 4, 
21paragraph (a)(2)(i),
the parent or legal guardian giving the 
22consent shall be liable for any
damages resulting from the 
23applicant's use of firearms or firearm ammunition.

24(Source: P.A. 101-80, eff. 7-12-19.)




25 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

 
 
HB4732- 9 -LRB101 16199 RLC 65571 b


1 Sec. 8. Grounds for denial and revocation. The Department 
2of State Police has authority to deny an
application for or to 
3revoke and seize a Firearm Owner's Identification
Card 
4previously issued under this Act only if the Department finds 
5that the
applicant or the person to whom such card was issued 
6is or was at the time
of issuance:

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

10  (b) This subsection (b) applies through January 8, 2020 
11 the 180th day following the effective date of this 
12 amendatory Act of the 101st General Assembly. A person 
13 under 21 years of age who does not have the written consent

14 of his parent or guardian to acquire and possess firearms 
15 and firearm
ammunition, or whose parent or guardian has 
16 revoked such written consent,
or where such parent or 
17 guardian does not qualify to have a Firearm Owner's

18 Identification Card;
19  (b-5) This subsection (b-5) applies on and after 
20 January 9, 2020 the 181st day following the effective date 
21 of this amendatory Act of the 101st General Assembly. 
22 Except as otherwise provided in subsection (b-6), a A 
23 person under 21 years of age who is not an active duty 
24 member of the United States Armed Forces and does not have 
25 the written consent
of his or her parent or guardian to 
26 acquire and possess firearms and firearm
ammunition, or 
 
 
HB4732- 10 -LRB101 16199 RLC 65571 b


1 whose parent or guardian has revoked such written consent,

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

4  (b-6) A person who: (A) is 18 years of age or older but 
5 under 21 years of age; (B) is not an active duty member of 
6 the United States Armed Forces; (C) does not have the 
7 written consent
of his or her parent or guardian to acquire 
8 and possess firearms and firearm
ammunition; (D) does not 
9 provide 2 signed, dated, and notarized personal references 
10 regarding his or her suitability to possess firearms; and 
11 (E) does not provide a signed, dated, and notarized 
12 statement detailing the reasons he or she does not have a 
13 parent or legal guardian, or if applicable, does not 
14 provide death certificates or any applicable court orders 
15 regarding his or her circumstances resulting in his or her 
16 lack of a parent or legal guardian;  
17  (c) A person convicted of a felony under the laws of 
18 this or any other
jurisdiction;

19  (d) A person addicted to narcotics;

20  (e) A person who has been a patient of a mental health 
21 facility within the
past 5 years or a person who has been a 
22 patient in a mental health facility more than 5 years ago 
23 who has not received the certification required under 
24 subsection (u) of this Section. An active law enforcement 
25 officer employed by a unit of government who is denied, 
26 revoked, or has his or her Firearm Owner's Identification 
 
 
HB4732- 11 -LRB101 16199 RLC 65571 b


1 Card seized under this subsection (e) may obtain relief as 
2 described in subsection (c-5) of Section 10 of this Act if 
3 the officer did not act in a manner threatening to the 
4 officer, another person, or the public as determined by the 
5 treating clinical psychologist or physician, and the 
6 officer seeks mental health treatment;

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

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

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

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

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

22   (1) admitted to the United States for lawful 
23 hunting or sporting purposes;

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

26    (A) accredited to the United States Government 
 
 
HB4732- 12 -LRB101 16199 RLC 65571 b


1 or the Government's
mission to an international 
2 organization having its headquarters in the United

3 States; or

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

6   (3) an official of a foreign government or 
7 distinguished foreign visitor
who has been so 
8 designated by the Department of State;

9   (4) a foreign law enforcement officer of a friendly 
10 foreign government
entering the United States on 
11 official business; or

12   (5) one who has received a waiver from the Attorney 
13 General of the United
States pursuant to 18 U.S.C. 
14 922(y)(3);

15  (j) (Blank);

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

20 used or possessed;

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

23 similar offense in another jurisdiction committed before, 
24 on or after January 1, 2012 (the effective date of Public 
25 Act 97-158). If the applicant or person who has been 
26 previously issued a Firearm Owner's Identification Card 
 
 
HB4732- 13 -LRB101 16199 RLC 65571 b


1 under this Act knowingly and intelligently waives the right 
2 to have an offense described in this paragraph (l) tried by 
3 a jury, and by guilty plea or otherwise, results in a 
4 conviction for an offense in which a domestic relationship 
5 is not a required element of the offense but in which a 
6 determination of the applicability of 18 U.S.C. 922(g)(9) 
7 is made under Section 112A-11.1 of the Code of Criminal 
8 Procedure of 1963, an entry by the court of a judgment of 
9 conviction for that offense shall be grounds for denying an 
10 application for and for revoking and seizing a Firearm 
11 Owner's Identification Card previously issued to the 
12 person under this Act;

13  (m) (Blank);

14  (n) A person who is prohibited from acquiring or 
15 possessing
firearms or firearm ammunition by any Illinois 
16 State statute or by federal
law;

17  (o) A minor subject to a petition filed under Section 
18 5-520 of the
Juvenile Court Act of 1987 alleging that the 
19 minor is a delinquent minor for
the commission of an 
20 offense that if committed by an adult would be a felony;


21  (p) An adult who had been adjudicated a delinquent 
22 minor under the Juvenile
Court Act of 1987 for the 
23 commission of an offense that if committed by an
adult 
24 would be a felony;

25  (q) A person who is not a resident of the State of 
26 Illinois, except as provided in subsection (a-10) of 
 
 
HB4732- 14 -LRB101 16199 RLC 65571 b


1 Section 4; 
2  (r) A person who has been adjudicated as a person with 
3 a mental disability; 
4  (s) A person who has been found to have a developmental 
5 disability; 
6  (t) A person involuntarily admitted into a mental 
7 health facility; or 
8  (u) A person who has had his or her Firearm Owner's 
9 Identification Card revoked or denied under subsection (e) 
10 of this Section or item (iv) of paragraph (2) of subsection 
11 (a) of Section 4 of this Act because he or she was a 
12 patient in a mental health facility as provided in 
13 subsection (e) of this Section, shall not be permitted to 
14 obtain a Firearm Owner's Identification Card, after the 
15 5-year period has lapsed, unless he or she has received a 
16 mental health evaluation by a physician, clinical 
17 psychologist, or qualified examiner as those terms are 
18 defined in the Mental Health and Developmental 
19 Disabilities Code, and has received a certification that he 
20 or she is not a clear and present danger to himself, 
21 herself, or others. The physician, clinical psychologist, 
22 or qualified examiner making the certification and his or 
23 her employer shall not be held criminally, civilly, or 
24 professionally liable for making or not making the 
25 certification required under this subsection, except for 
26 willful or wanton misconduct. This subsection does not 
 
 
HB4732- 15 -LRB101 16199 RLC 65571 b


1 apply to a person whose firearm possession rights have been 
2 restored through administrative or judicial action under 
3 Section 10 or 11 of this Act. 
4 Upon revocation of a person's Firearm Owner's 
5Identification Card, the Department of State Police shall 
6provide notice to the person and the person shall comply with 
7Section 9.5 of this Act. 
8(Source: P.A. 101-80, eff. 7-12-19.)