102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1938
 
Introduced 2/26/2021, by Sen. Dale Fowler
 
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 minimum age in which a person who is not an active duty member of the United States Armed Forces 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
 


SB1938LRB102 15457 RLC 20820 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) (Blank); This subparagraph (i) applies through 
19 the 180th day following the effective date of this 
20 amendatory Act of the 101st General Assembly. He or 
21 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 
 
 
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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-4) If he or she is under 21 years of age he or 
11 she has never been convicted of a
misdemeanor other 
12 than a traffic offense or adjudged delinquent; 
13   (i-5) This subparagraph (i-5) applies on and after 
14 the 181st day following the effective date of this 
15 amendatory Act of the 101st General Assembly. He or 
16 she is 18 21 years of age or over, or if he or she is 
17 under 18 21
years of age that he or she has never been 
18 convicted of a misdemeanor other than a traffic 
19 offense or adjudged delinquent and is an active duty 
20 member of the United States Armed Forces or has the 
21 written consent of his or her parent or
legal guardian 
22 to possess and acquire firearms and firearm 
23 ammunition, provided, however, that such parent or 
24 legal guardian is not an
individual prohibited from 
25 having a Firearm Owner's Identification Card and
files 
26 an affidavit with the Department as prescribed by the 
 
 
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1 Department
stating that he or she is not an individual 
2 prohibited from having a Card or the active duty 
3 member of the United States Armed Forces under 18 21 
4 years of age annually submits proof to the Department 
5 of State Police, in a manner prescribed by the 
6 Department; 

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 a person with an intellectual 
16 disability;

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

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

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

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

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

18   (x) (Blank);

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

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

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

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

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

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

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

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

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

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

2   (xiv) He or she is a resident of the State of 
3 Illinois; 
4   (xv) He or she has not been adjudicated as a person 
5 with a mental disability; 
6   (xvi) He or she has not been involuntarily 
7 admitted into a mental health facility; and 
8   (xvii) He or she is not a person with a 
9 developmental disability; and 
10  (3) Upon request by the Department of State Police, 
11 sign a release on a
form prescribed by the Department of 
12 State Police waiving any right to
confidentiality and 
13 requesting the disclosure to the Department of State 
14 Police
of limited mental health institution admission 
15 information from another state,
the District of Columbia, 
16 any other territory of the United States, or a
foreign 
17 nation concerning the applicant for the sole purpose of 
18 determining
whether the applicant is or was a patient in a 
19 mental health institution and
disqualified because of that 
20 status from receiving a Firearm Owner's
Identification 
21 Card. No mental health care or treatment records may be

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

24 (a-5) Each applicant for a Firearm Owner's Identification 
25Card who is over
the age of 18 shall furnish to the Department 
26of State Police either his or
her Illinois driver's license 
 
 
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1number or Illinois Identification Card number, except as

2provided in subsection (a-10).

3 (a-10) Each applicant for a Firearm Owner's Identification 
4Card,
who is employed as a law enforcement officer, an armed 
5security officer in Illinois, or by the United States Military

6permanently assigned in Illinois and who is not an Illinois 
7resident, shall furnish to
the Department of State Police his 
8or her driver's license number or state
identification card 
9number from his or her state of residence. The Department
of 
10State Police may adopt rules to enforce the provisions of this

11subsection (a-10).

12 (a-15) If an applicant applying for a Firearm Owner's 
13Identification Card moves from the residence address named in 
14the application, he or she shall immediately notify in a form 
15and manner prescribed by the Department of State Police of 
16that change of address.
17 (a-20) Each applicant for a Firearm Owner's Identification 
18Card shall furnish to the Department of State Police his or her 
19photograph. An applicant who is 18 21 years of age or older 
20seeking a religious exemption to the photograph requirement 
21must furnish with the application an approved copy of United 
22States Department of the Treasury Internal Revenue Service 
23Form 4029. In lieu of a photograph, an applicant regardless of 
24age seeking a religious exemption to the photograph 
25requirement shall submit fingerprints on a form and manner 
26prescribed by the Department with his or her application. 
 
 
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1 (b) Each application form shall include the following 
2statement printed in
bold type: "Warning: Entering false 
3information on an application for a Firearm
Owner's 
4Identification Card is punishable as a Class 2 felony in 
5accordance
with subsection (d-5) of Section 14 of the Firearm 
6Owners Identification Card
Act.".

7 (c) Upon such written consent, pursuant to Section 4, 
8paragraph (a)(2)(i),
the parent or legal guardian giving the 
9consent shall be liable for any
damages resulting from the 
10applicant's use of firearms or firearm ammunition.

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




12 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

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

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

22  (b) (Blank); This subsection (b) applies through the 
23 180th day following the effective date of this amendatory 
24 Act of the 101st General Assembly. A person under 21 years 
25 of age who does not have the written consent
of his parent 
 
 
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1 or guardian to acquire and possess firearms and firearm

2 ammunition, or whose parent or guardian has revoked such 
3 written consent,
or where such parent or guardian does not 
4 qualify to have a Firearm Owner's
Identification Card;
5  (b-5) This subsection (b-5) applies on and after the 
6 181st day following the effective date of this amendatory 
7 Act of the 101st General Assembly. A person under 18 21 
8 years of age who is not an active duty member of the United 
9 States Armed Forces and does not have the written consent

10 of his or her parent or guardian to acquire and possess 
11 firearms and firearm
ammunition, or whose parent or 
12 guardian has revoked such written consent,
or where such 
13 parent or guardian does not qualify to have a Firearm 
14 Owner's
Identification Card; 

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

17  (d) A person addicted to narcotics;

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

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

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

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

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

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

20   (1) admitted to the United States for lawful 
21 hunting or sporting purposes;

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

24    (A) accredited to the United States Government 
25 or the Government's
mission to an international 
26 organization having its headquarters in the United

 
 
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1 States; or

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

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

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

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

13  (j) (Blank);

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

18 used or possessed;

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

21 similar offense in another jurisdiction committed before, 
22 on or after January 1, 2012 (the effective date of Public 
23 Act 97-158). If the applicant or person who has been 
24 previously issued a Firearm Owner's Identification Card 
25 under this Act knowingly and intelligently waives the 
26 right to have an offense described in this paragraph (l) 
 
 
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1 tried by a jury, and by guilty plea or otherwise, results 
2 in a conviction for an offense in which a domestic 
3 relationship is not a required element of the offense but 
4 in which a determination of the applicability of 18 U.S.C. 
5 922(g)(9) is made under Section 112A-11.1 of the Code of 
6 Criminal Procedure of 1963, an entry by the court of a 
7 judgment of conviction for that offense shall be grounds 
8 for denying an application for and for revoking and 
9 seizing a Firearm Owner's Identification Card previously 
10 issued to the person under this Act;

11  (m) (Blank);

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

15  (o) A minor subject to a petition filed under Section 
16 5-520 of the
Juvenile Court Act of 1987 alleging that the 
17 minor is a delinquent minor for
the commission of an 
18 offense that if committed by an adult would be a felony;


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

23  (q) A person who is not a resident of the State of 
24 Illinois, except as provided in subsection (a-10) of 
25 Section 4; 
26  (r) A person who has been adjudicated as a person with 
 
 
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1 a mental disability; 
2  (s) A person who has been found to have a 
3 developmental disability; 
4  (t) A person involuntarily admitted into a mental 
5 health facility; or 
6  (u) A person who has had his or her Firearm Owner's 
7 Identification Card revoked or denied under subsection (e) 
8 of this Section or item (iv) of paragraph (2) of 
9 subsection (a) of Section 4 of this Act because he or she 
10 was a patient in a mental health facility as provided in 
11 subsection (e) of this Section, shall not be permitted to 
12 obtain a Firearm Owner's Identification Card, after the 
13 5-year period has lapsed, unless he or she has received a 
14 mental health evaluation by a physician, clinical 
15 psychologist, or qualified examiner as those terms are 
16 defined in the Mental Health and Developmental 
17 Disabilities Code, and has received a certification that 
18 he or she is not a clear and present danger to himself, 
19 herself, or others. The physician, clinical psychologist, 
20 or qualified examiner making the certification and his or 
21 her employer shall not be held criminally, civilly, or 
22 professionally liable for making or not making the 
23 certification required under this subsection, except for 
24 willful or wanton misconduct. This subsection does not 
25 apply to a person whose firearm possession rights have 
26 been restored through administrative or judicial action 
 
 
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1 under Section 10 or 11 of this Act. 
2 Upon revocation of a person's Firearm Owner's 
3Identification Card, the Department of State Police shall 
4provide notice to the person and the person shall comply with 
5Section 9.5 of this Act. 
6(Source: P.A. 101-80, eff. 7-12-19.)