|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0789 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
|
| 430 ILCS 65/5 | from Ch. 38, par. 83-5 | 430 ILCS 66/70 | |
|
Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that if a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of a concealed carry license, the Firearm Owner's Identification Card and the license remain valid and the licensee does not have to renew his or her Firearm Owner's Identification Card. Provides that the Illinois State Police shall automatically renew the licensee's Firearm Owner's Identification Card and send a renewed Firearm Owner's Identification Card to the licensee unless the Illinois State Police has reason to believe the person is no longer eligible for the Card.
| |
| | |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | HB0789 | | LRB102 04209 RLC 14226 b |
|
|
| 1 | | AN ACT concerning safety.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 5 as follows:
|
| 6 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
|
| 7 | | Sec. 5. Application and renewal. |
| 8 | | (a) The Department of State Police shall either approve or
|
| 9 | | deny all applications within 30 days from the date they are |
| 10 | | received,
except as provided in subsection (b) of this |
| 11 | | Section, and every applicant found qualified under Section 8 |
| 12 | | of this Act by
the Department shall be entitled to a Firearm |
| 13 | | Owner's Identification
Card upon the payment of a $10 fee. Any |
| 14 | | applicant who is an active duty member of the Armed Forces of |
| 15 | | the United States, a member of the Illinois National Guard, or |
| 16 | | a member of the Reserve Forces of the United States is exempt |
| 17 | | from the application fee. $6 of each fee derived from the
|
| 18 | | issuance of Firearm Owner's Identification Cards, or renewals |
| 19 | | thereof,
shall be deposited in the Wildlife and Fish Fund in |
| 20 | | the State Treasury;
$1 of the fee shall be deposited in the |
| 21 | | State Police Services Fund and $3 of the fee shall be deposited |
| 22 | | in the
State Police Firearm Services Fund. |
| 23 | | (b) Renewal applications shall be approved or denied |
|
| | HB0789 | - 2 - | LRB102 04209 RLC 14226 b |
|
|
|
| 1 | | within 60 business days, provided the applicant submitted his |
| 2 | | or her renewal application prior to the expiration of his or |
| 3 | | her Firearm Owner's Identification Card. If a renewal |
| 4 | | application has been submitted prior to the expiration date of |
| 5 | | the applicant's Firearm Owner's Identification Card, the |
| 6 | | Firearm Owner's Identification Card shall remain valid while |
| 7 | | the Department processes the application, unless the person is |
| 8 | | subject to or becomes subject to revocation under this Act. |
| 9 | | The cost for a renewal application shall be $10 which shall be |
| 10 | | deposited into the State Police Firearm Services Fund.
|
| 11 | | (c) If a Firearm Owner's Identification Card of a licensee |
| 12 | | under the Firearm Concealed Carry Act expires during the term |
| 13 | | of the licensee's concealed carry license, the Firearm Owner's |
| 14 | | Identification Card and the license remain valid and the |
| 15 | | licensee does not have to renew his or her Firearm Owner's |
| 16 | | Identification Card. The Illinois State Police shall |
| 17 | | automatically renew the licensee's Firearm Owner's |
| 18 | | Identification Card and send a renewed Firearm Owner's |
| 19 | | Identification Card to the licensee unless the Illinois State |
| 20 | | Police has reason to believe the licensee is no longer |
| 21 | | eligible for the Card. |
| 22 | | (Source: P.A. 100-906, eff. 1-1-19.)
|
| 23 | | Section 10. The Firearm Concealed Carry Act is amended by |
| 24 | | changing Section 70 as follows:
|
|
| | HB0789 | - 3 - | LRB102 04209 RLC 14226 b |
|
|
|
| 1 | | (430 ILCS 66/70) |
| 2 | | Sec. 70. Violations. |
| 3 | | (a) A license issued or renewed under this Act shall be |
| 4 | | revoked if, at any time, the licensee is found to be ineligible |
| 5 | | for a license under this Act or the licensee no longer meets |
| 6 | | the eligibility requirements of the Firearm Owners |
| 7 | | Identification Card Act. |
| 8 | | (b) A license shall be suspended if an order of |
| 9 | | protection, including an emergency order of protection, |
| 10 | | plenary order of protection, or interim order of protection |
| 11 | | under Article 112A of the Code of Criminal Procedure of 1963 or |
| 12 | | under the Illinois Domestic Violence Act of 1986, or if a |
| 13 | | firearms restraining order, including an emergency firearms |
| 14 | | restraining order, under the Firearms Restraining Order Act, |
| 15 | | is issued against a licensee for the duration of the order, or |
| 16 | | if the Department is made aware of a similar order issued |
| 17 | | against the licensee in any other jurisdiction. If an order of |
| 18 | | protection is issued against a licensee, the licensee shall |
| 19 | | surrender the license, as applicable, to the court at the time |
| 20 | | the order is entered or to the law enforcement agency or entity |
| 21 | | serving process at the time the licensee is served the order. |
| 22 | | The court, law enforcement agency, or entity responsible for |
| 23 | | serving the order of protection shall notify the Department |
| 24 | | within 7 days and transmit the license to the Department. |
| 25 | | (c) A license is invalid upon expiration of the license, |
| 26 | | unless the licensee has submitted an application to renew the |
|
| | HB0789 | - 4 - | LRB102 04209 RLC 14226 b |
|
|
|
| 1 | | license, and the applicant is otherwise eligible to possess a |
| 2 | | license under this Act. |
| 3 | | (d) A licensee shall not carry a concealed firearm while |
| 4 | | under the influence of alcohol, other drug or drugs, |
| 5 | | intoxicating compound or combination of compounds, or any |
| 6 | | combination thereof, under the standards set forth in |
| 7 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
| 8 | | A licensee in violation of this subsection (d) shall be |
| 9 | | guilty of a Class A misdemeanor for a first or second violation |
| 10 | | and a Class 4 felony for a third violation. The Department may |
| 11 | | suspend a license for up to 6 months for a second violation and |
| 12 | | shall permanently revoke a license for a third violation. |
| 13 | | (e) Except as otherwise provided, a licensee in violation |
| 14 | | of this Act shall be guilty of a Class B misdemeanor. A second |
| 15 | | or subsequent violation is a Class A misdemeanor. The |
| 16 | | Department may suspend a license for up to 6 months for a |
| 17 | | second violation and shall permanently revoke a license for 3 |
| 18 | | or more violations of Section 65 of this Act. Any person |
| 19 | | convicted of a violation under this Section shall pay a $150 |
| 20 | | fee to be deposited into the Mental Health Reporting Fund, |
| 21 | | plus any applicable court costs or fees. |
| 22 | | (f) A licensee convicted or found guilty of a violation of |
| 23 | | this Act who has a valid license and is otherwise eligible to |
| 24 | | carry a concealed firearm shall only be subject to the |
| 25 | | penalties under this Section and shall not be subject to the |
| 26 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
|
| | HB0789 | - 5 - | LRB102 04209 RLC 14226 b |
|
|
|
| 1 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
| 2 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
| 3 | | Criminal Code of 2012. Except as otherwise provided in this |
| 4 | | subsection, nothing in this subsection prohibits the licensee |
| 5 | | from being subjected to penalties for violations other than |
| 6 | | those specified in this Act. |
| 7 | | (g) A licensee whose license is revoked, suspended, or |
| 8 | | denied shall, within 48 hours of receiving notice of the |
| 9 | | revocation, suspension, or denial, surrender his or her |
| 10 | | concealed carry license to the local law enforcement agency |
| 11 | | where the person resides. The local law enforcement agency |
| 12 | | shall provide the licensee a receipt and transmit the |
| 13 | | concealed carry license to the Department of State Police. If |
| 14 | | the licensee whose concealed carry license has been revoked, |
| 15 | | suspended, or denied fails to comply with the requirements of |
| 16 | | this subsection, the law enforcement agency where the person |
| 17 | | resides may petition the circuit court to issue a warrant to |
| 18 | | search for and seize the concealed carry license in the |
| 19 | | possession and under the custody or control of the licensee |
| 20 | | whose concealed carry license has been revoked, suspended, or |
| 21 | | denied. The observation of a concealed carry license in the |
| 22 | | possession of a person whose license has been revoked, |
| 23 | | suspended, or denied constitutes a sufficient basis for the |
| 24 | | arrest of that person for violation of this subsection. A |
| 25 | | violation of this subsection is a Class A misdemeanor. |
| 26 | | (h) Except as otherwise provided in subsection (h-5), a A |
|
| | HB0789 | - 6 - | LRB102 04209 RLC 14226 b |
|
|
|
| 1 | | license issued or renewed under this Act shall be revoked if, |
| 2 | | at any time, the licensee is found ineligible for a Firearm |
| 3 | | Owner's Identification Card, or the licensee no longer |
| 4 | | possesses a valid Firearm Owner's Identification Card. A |
| 5 | | licensee whose license is revoked under this subsection (h) |
| 6 | | shall surrender his or her concealed carry license as provided |
| 7 | | for in subsection (g) of this Section. |
| 8 | | This subsection shall not apply to a person who has filed |
| 9 | | an application with the State Police for renewal of a Firearm
|
| 10 | | Owner's Identification Card and who is not otherwise |
| 11 | | ineligible to obtain a Firearm Owner's Identification Card.
|
| 12 | | (h-5) If the Firearm Owner's Identification Card of a |
| 13 | | licensee under this Act expires during the term of the license |
| 14 | | issued under this Act, the license and the Firearm Owner's |
| 15 | | Identification Card remain valid, and the Illinois State |
| 16 | | Police shall automatically renew the licensee's Firearm |
| 17 | | Owner's Identification Card as provided in subsection (c) of |
| 18 | | Section 5 of the Firearm Owners Identification Card Act. |
| 19 | | (i) A certified firearms instructor who knowingly provides |
| 20 | | or offers to provide a false certification that an applicant |
| 21 | | has completed firearms training as required under this Act is |
| 22 | | guilty of a Class A misdemeanor. A person guilty of a violation |
| 23 | | of this subsection (i) is not eligible for court supervision. |
| 24 | | The Department shall permanently revoke the firearms |
| 25 | | instructor certification of a person convicted under this |
| 26 | | subsection (i). |