102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0054

Introduced , by Rep. Daniel Didech

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 the

Department of State Police has authority to deny an
application for or to

revoke and seize a Firearm Owner's Identification
Card previously issued

under the Act if the Department finds that the
applicant or the person to

whom the card was issued is or was at the time
of issuance a person who has

been convicted within the past 5 years of stalking or a
substantially

similar offense in another jurisdiction, in which a firearm was
used or

possessed.

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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,

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended 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

8 Cards.

9 (a) Each applicant for a Firearm Owner's Identification

10 Card 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 the

19 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-5) This subparagraph (i-5) applies on and after

11 the 181st day following the effective date of this

12 amendatory Act of the 101st General Assembly. He or

13 she is 21 years of age or over, or if he or she is

14 under 21 years of age that he or she has never been

15 convicted of a misdemeanor other than a traffic

16 offense or adjudged delinquent and is an active duty

17 member of the United States Armed Forces or has the

18 written consent of his or her parent or legal guardian

19 to possess and acquire firearms and firearm

20 ammunition, provided, however, that such parent or

21 legal guardian is not an individual prohibited from

22 having a Firearm Owner's Identification Card and files

23 an affidavit with the Department as prescribed by the

24 Department stating that he or she is not an individual

25 prohibited from having a Card or the active duty

26 member of the United States Armed Forces under 21

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1 years of age annually submits proof to the Department

2 of State Police, in a manner prescribed by the

3 Department;

4 (ii) He or she has not been convicted of a felony

5 under the laws of this or any other jurisdiction;

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

7 (iv) He or she has not been a patient in a mental

8 health facility within the past 5 years or, if he or

9 she has been a patient in a mental health facility more

10 than 5 years ago submit the certification required

11 under subsection (u) of Section 8 of this Act;

12 (v) He or she is not a person with an intellectual

13 disability;

14 (vi) He or she is not an alien who is unlawfully

15 present in the United States under the laws of the

16 United States;

17 (vii) He or she is not subject to an existing order

18 of protection prohibiting him or her from possessing a

19 firearm;

20 (viii) He or she has not been convicted within the

21 past 5 years of battery, assault, aggravated assault,

22 violation of an order of protection,stalking, or a

23 substantially similar offense in another jurisdiction,

24 in which a firearm was used or possessed;

25 (ix) He or she has not been convicted of domestic

26 battery, aggravated domestic battery, or a

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1 substantially similar offense in another jurisdiction

2 committed before, on or after January 1, 2012 (the

3 effective date of Public Act 97-158). If the applicant

4 knowingly and intelligently waives the right to have

5 an offense described in this clause (ix) tried by a

6 jury, and by guilty plea or otherwise, results in a

7 conviction for an offense in which a domestic

8 relationship is not a required element of the offense

9 but in which a determination of the applicability of

10 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

11 the Code of Criminal Procedure of 1963, an entry by the

12 court of a judgment of conviction for that offense

13 shall be grounds for denying the issuance of a Firearm

14 Owner's Identification Card under this Section;

15 (x) (Blank);

16 (xi) He or she is not an alien who has been

17 admitted to the United States under a non-immigrant

18 visa (as that term is defined in Section 101(a)(26) of

19 the Immigration and Nationality Act (8 U.S.C.

20 1101(a)(26))), or that he or she is an alien who has

21 been lawfully admitted to the United States under a

22 non-immigrant visa if that alien is:

23 (1) admitted to the United States for lawful

24 hunting or sporting purposes;

25 (2) an official representative of a foreign

26 government who is:

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1 (A) accredited to the United States

2 Government or the Government's mission to an

3 international organization having its

4 headquarters in the United States; or

5 (B) en route to or from another country to

6 which that alien is accredited;

7 (3) an official of a foreign government or

8 distinguished foreign visitor who has been so

9 designated by the Department of State;

10 (4) a foreign law enforcement officer of a

11 friendly foreign government entering the United

12 States on official business; or

13 (5) one who has received a waiver from the

14 Attorney General of the United States pursuant to

15 18 U.S.C. 922(y)(3);

16 (xii) He or she is not a minor subject to a

17 petition filed under Section 5-520 of the Juvenile

18 Court Act of 1987 alleging that the minor is a

19 delinquent minor for the commission of an offense that

20 if committed by an adult would be a felony;

21 (xiii) He or she is not an adult who had been

22 adjudicated a delinquent minor under the Juvenile

23 Court Act of 1987 for the commission of an offense that

24 if committed by an adult would be a felony;

25 (xiv) He or she is a resident of the State of

26 Illinois;

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1 (xv) He or she has not been adjudicated as a person

2 with a mental disability;

3 (xvi) He or she has not been involuntarily

4 admitted into a mental health facility; and

5 (xvii) He or she is not a person with a

6 developmental disability; and

7 (3) Upon request by the Department of State Police,

8 sign a release on a form prescribed by the Department of

9 State Police waiving any right to confidentiality and

10 requesting the disclosure to the Department of State

11 Police of limited mental health institution admission

12 information from another state, the District of Columbia,

13 any other territory of the United States, or a foreign

14 nation concerning the applicant for the sole purpose of

15 determining whether the applicant is or was a patient in a

16 mental health institution and disqualified because of that

17 status from receiving a Firearm Owner's Identification

18 Card. No mental health care or treatment records may be

19 requested. The information received shall be destroyed

20 within one year of receipt.

21 (a-5) Each applicant for a Firearm Owner's Identification

22 Card who is over the age of 18 shall furnish to the Department

23 of State Police either his or her Illinois driver's license

24 number or Illinois Identification Card number, except as

25 provided in subsection (a-10).

26 (a-10) Each applicant for a Firearm Owner's Identification

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1 Card, who is employed as a law enforcement officer, an armed

2 security officer in Illinois, or by the United States Military

3 permanently assigned in Illinois and who is not an Illinois

4 resident, shall furnish to the Department of State Police his

5 or her driver's license number or state identification card

6 number from his or her state of residence. The Department of

7 State Police may adopt rules to enforce the provisions of this

8 subsection (a-10).

9 (a-15) If an applicant applying for a Firearm Owner's

10 Identification Card moves from the residence address named in

11 the application, he or she shall immediately notify in a form

12 and manner prescribed by the Department of State Police of

13 that change of address.

14 (a-20) Each applicant for a Firearm Owner's Identification

15 Card shall furnish to the Department of State Police his or her

16 photograph. An applicant who is 21 years of age or older

17 seeking a religious exemption to the photograph requirement

18 must furnish with the application an approved copy of United

19 States Department of the Treasury Internal Revenue Service

20 Form 4029. In lieu of a photograph, an applicant regardless of

21 age seeking a religious exemption to the photograph

22 requirement shall submit fingerprints on a form and manner

23 prescribed by the Department with his or her application.

24 (b) Each application form shall include the following

25 statement printed in bold type: "Warning: Entering false

26 information on an application for a Firearm Owner's

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1 Identification Card is punishable as a Class 2 felony in

2 accordance with subsection (d-5) of Section 14 of the Firearm

3 Owners Identification Card Act.".

4 (c) Upon such written consent, pursuant to Section 4,

5 paragraph (a)(2)(i), the parent or legal guardian giving the

6 consent shall be liable for any damages resulting from the

7 applicant's use of firearms or firearm ammunition.

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

9 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

10 Sec. 8. Grounds for denial and revocation. The Department

11 of State Police has authority to deny an application for or to

12 revoke and seize a Firearm Owner's Identification Card

13 previously issued under this Act only if the Department finds

14 that the applicant or the person to whom such card was issued

15 is or was at the time of issuance:

16 (a) A person under 21 years of age who has been

17 convicted of a misdemeanor other than a traffic offense or

18 adjudged delinquent;

19 (b) This subsection (b) applies through the 180th day

20 following the effective date of this amendatory Act of the

21 101st General Assembly. A person under 21 years of age who

22 does not have the written consent of his parent or

23 guardian to acquire and possess firearms and firearm

24 ammunition, or whose parent or guardian has revoked such

25 written consent, or where such parent or guardian does not

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1 qualify to have a Firearm Owner's Identification Card;

2 (b-5) This subsection (b-5) applies on and after the

3 181st day following the effective date of this amendatory

4 Act of the 101st General Assembly. A person under 21 years

5 of age who is not an active duty member of the United

6 States Armed Forces and does not have the written consent

7 of his or her parent or guardian to acquire and possess

8 firearms and firearm ammunition, or whose parent or

9 guardian has revoked such written consent, or where such

10 parent or guardian does not qualify to have a Firearm

11 Owner's Identification Card;

12 (c) A person convicted of a felony under the laws of

13 this or any other jurisdiction;

14 (d) A person addicted to narcotics;

15 (e) A person who has been a patient of a mental health

16 facility within the past 5 years or a person who has been a

17 patient in a mental health facility more than 5 years ago

18 who has not received the certification required under

19 subsection (u) of this Section. An active law enforcement

20 officer employed by a unit of government who is denied,

21 revoked, or has his or her Firearm Owner's Identification

22 Card seized under this subsection (e) may obtain relief as

23 described in subsection (c-5) of Section 10 of this Act if

24 the officer did not act in a manner threatening to the

25 officer, another person, or the public as determined by

26 the treating clinical psychologist or physician, and the

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1 officer seeks mental health treatment;

2 (f) A person whose mental condition is of such a

3 nature that it poses a clear and present danger to the

4 applicant, any other person or persons or the community;

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

6 (h) A person who intentionally makes a false statement

7 in the Firearm Owner's Identification Card application;

8 (i) An alien who is unlawfully present in the United

9 States under the laws of the United States;

10 (i-5) An alien who has been admitted to the United

11 States under a non-immigrant visa (as that term is defined

12 in Section 101(a)(26) of the Immigration and Nationality

13 Act (8 U.S.C. 1101(a)(26))), except that this subsection

14 (i-5) does not apply to any alien who has been lawfully

15 admitted to the United States under a non-immigrant visa

16 if that alien is:

17 (1) admitted to the United States for lawful

18 hunting or sporting purposes;

19 (2) an official representative of a foreign

20 government who is:

21 (A) accredited to the United States Government

22 or the Government's mission to an international

23 organization having its headquarters in the United

24 States; or

25 (B) en route to or from another country to

26 which that alien is accredited;

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1 (3) an official of a foreign government or

2 distinguished foreign visitor who has been so

3 designated by the Department of State;

4 (4) a foreign law enforcement officer of a

5 friendly foreign government entering the United States

6 on official business; or

7 (5) one who has received a waiver from the

8 Attorney General of the United States pursuant to 18

9 U.S.C. 922(y)(3);

10 (j) (Blank);

11 (k) A person who has been convicted within the past 5

12 years of battery, assault, aggravated assault, violation

13 of an order of protection, stalking,or a substantially

14 similar offense in another jurisdiction, in which a

15 firearm was used or possessed;

16 (l) A person who has been convicted of domestic

17 battery, aggravated domestic battery, or a substantially

18 similar offense in another jurisdiction committed before,

19 on or after January 1, 2012 (the effective date of Public

20 Act 97-158). If the applicant or person who has been

21 previously issued a Firearm Owner's Identification Card

22 under this Act knowingly and intelligently waives the

23 right to have an offense described in this paragraph (l)

24 tried by a jury, and by guilty plea or otherwise, results

25 in a conviction for an offense in which a domestic

26 relationship is not a required element of the offense but

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1 in which a determination of the applicability of 18 U.S.C.

2 922(g)(9) is made under Section 112A-11.1 of the Code of

3 Criminal Procedure of 1963, an entry by the court of a

4 judgment of conviction for that offense shall be grounds

5 for denying an application for and for revoking and

6 seizing a Firearm Owner's Identification Card previously

7 issued to the person under this Act;

8 (m) (Blank);

9 (n) A person who is prohibited from acquiring or

10 possessing firearms or firearm ammunition by any Illinois

11 State statute or by federal law;

12 (o) A minor subject to a petition filed under Section

13 5-520 of the Juvenile Court Act of 1987 alleging that the

14 minor is a delinquent minor for the commission of an

15 offense that if committed by an adult would be a felony;

16 (p) An adult who had been adjudicated a delinquent

17 minor under the Juvenile Court Act of 1987 for the

18 commission of an offense that if committed by an adult

19 would be a felony;

20 (q) A person who is not a resident of the State of

21 Illinois, except as provided in subsection (a-10) of

22 Section 4;

23 (r) A person who has been adjudicated as a person with

24 a mental disability;

25 (s) A person who has been found to have a

26 developmental disability;

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1 (t) A person involuntarily admitted into a mental

2 health facility; or

3 (u) A person who has had his or her Firearm Owner's

4 Identification Card revoked or denied under subsection (e)

5 of this Section or item (iv) of paragraph (2) of

6 subsection (a) of Section 4 of this Act because he or she

7 was a patient in a mental health facility as provided in

8 subsection (e) of this Section, shall not be permitted to

9 obtain a Firearm Owner's Identification Card, after the

10 5-year period has lapsed, unless he or she has received a

11 mental health evaluation by a physician, clinical

12 psychologist, or qualified examiner as those terms are

13 defined in the Mental Health and Developmental

14 Disabilities Code, and has received a certification that

15 he or she is not a clear and present danger to himself,

16 herself, or others. The physician, clinical psychologist,

17 or qualified examiner making the certification and his or

18 her employer shall not be held criminally, civilly, or

19 professionally liable for making or not making the

20 certification required under this subsection, except for

21 willful or wanton misconduct. This subsection does not

22 apply to a person whose firearm possession rights have

23 been restored through administrative or judicial action

24 under Section 10 or 11 of this Act.

25 Upon revocation of a person's Firearm Owner's

26 Identification Card, the Department of State Police shall

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1 provide notice to the person and the person shall comply with

2 Section 9.5 of this Act.

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