102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5769

Introduced , by Rep. Mark Batinick

SYNOPSIS AS INTRODUCED:

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

Amends the Firearm Owners Identification Card Act. Provides that the parent or legal guardian that consents to an applicant under the age of 21 for a Firearm Owner's Identification Card possessing and acquiring

firearms and firearm ammunition shall be liable for any
damages resulting

from the applicant's use of firearms or firearm ammunition and may be held accountable under the Parties to Crime Article of the Criminal Code of 2012 for any criminal offenses resulting from the applicant's use of firearms or firearm ammunition.

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A BILL FOR

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1 AN ACT concerning public 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 4 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) Submit an application as made available by the

12 Illinois State Police; and

13 (2) Submit evidence to the Illinois State Police that:

14 (i) This subparagraph (i) applies through the

15 180th day following July 12, 2019 (the effective date

16 of Public Act 101-80) ~~this amendatory Act of the 101st~~

17 ~~General Assembly~~. He or she is 21 years of age or over,

18 or if he or she is under 21 years of age that he or she

19 has the written consent of his or her parent or legal

20 guardian to possess and acquire firearms and firearm

21 ammunition and that he or she has never been convicted

22 of a misdemeanor other than a traffic offense or

23 adjudged delinquent, provided, however, that such

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1 parent or legal guardian is not an individual

2 prohibited from having a Firearm Owner's

3 Identification Card and files an affidavit with the

4 Department as prescribed by the Department stating

5 that he or she is not an individual prohibited from

6 having a Card;

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

8 the 181st day following July 12, 2019 (the effective

9 date of Public Act 101-80) ~~this amendatory Act of the~~

10 ~~101st General Assembly~~. He or she is 21 years of age or

11 over, or if he or she is under 21 years of age that he

12 or she has never been convicted of a misdemeanor other

13 than a traffic offense or adjudged delinquent and is

14 an active duty member of the United States Armed

15 Forces or has the written consent of his or her parent

16 or legal guardian to possess and acquire firearms and

17 firearm ammunition, provided, however, that such

18 parent or legal guardian is not an individual

19 prohibited from having a Firearm Owner's

20 Identification Card and files an affidavit with the

21 Illinois State Police ~~Department~~ as prescribed by the

22 Illinois State Police ~~Department~~stating that he or

23 she is not an individual prohibited from having a Card

24 or the active duty member of the United States Armed

25 Forces under 21 years of age annually submits proof to

26 the Illinois State Police, in a manner prescribed by

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1 the Illinois State Police ~~Department~~;

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

3 under the laws of this or any other jurisdiction;

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

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

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

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

8 than 5 years ago submit the certification required

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

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

11 disability;

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

13 present in the United States under the laws of the

14 United States;

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

16 of protection prohibiting him or her from possessing a

17 firearm;

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

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

20 violation of an order of protection, or a

21 substantially similar offense in another jurisdiction,

22 in which a firearm was used or possessed;

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

24 battery, aggravated domestic battery, or a

25 substantially similar offense in another jurisdiction

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

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

2 knowingly and intelligently waives the right to have

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

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

5 conviction for an offense in which a domestic

6 relationship is not a required element of the offense

7 but in which a determination of the applicability of

8 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

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

10 court of a judgment of conviction for that offense

11 shall be grounds for denying the issuance of a Firearm

12 Owner's Identification Card under this Section;

13 (x) (Blank);

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

15 admitted to the United States under a non-immigrant

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

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

18 1101(a)(26))), or that he or she is an alien who has

19 been lawfully admitted to the United States under a

20 non-immigrant visa if that alien is:

21 (1) admitted to the United States for lawful

22 hunting or sporting purposes;

23 (2) an official representative of a foreign

24 government who is:

25 (A) accredited to the United States

26 Government or the Government's mission to an

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1 international organization having its

2 headquarters in the United States; or

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

4 which that alien is accredited;

5 (3) an official of a foreign government or

6 distinguished foreign visitor who has been so

7 designated by the Department of State;

8 (4) a foreign law enforcement officer of a

9 friendly foreign government entering the United

10 States on official business; or

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

12 Attorney General of the United States pursuant to

13 18 U.S.C. 922(y)(3);

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

15 petition filed under Section 5-520 of the Juvenile

16 Court Act of 1987 alleging that the minor is a

17 delinquent minor for the commission of an offense that

18 if committed by an adult would be a felony;

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

20 adjudicated a delinquent minor under the Juvenile

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

22 if committed by an adult would be a felony;

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

24 Illinois;

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

26 with a mental disability;

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1 (xvi) He or she has not been involuntarily

2 admitted into a mental health facility; and

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

4 developmental disability; and

5 (3) Upon request by the Illinois State Police, sign a

6 release on a form prescribed by the Illinois State Police

7 waiving any right to confidentiality and requesting the

8 disclosure to the Illinois State Police of limited mental

9 health institution admission information from another

10 state, the District of Columbia, any other territory of

11 the United States, or a foreign nation concerning the

12 applicant for the sole purpose of determining whether the

13 applicant is or was a patient in a mental health

14 institution and disqualified because of that status from

15 receiving a Firearm Owner's Identification Card. No mental

16 health care or treatment records may be requested. The

17 information received shall be destroyed within one year of

18 receipt.

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

20 Card who is over the age of 18 shall furnish to the Illinois

21 State Police either his or her Illinois driver's license

22 number or Illinois Identification Card number, except as

23 provided in subsection (a-10).

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

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

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

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1 permanently assigned in Illinois and who is not an Illinois

2 resident, shall furnish to the Illinois State Police his or

3 her driver's license number or state identification card

4 number from his or her state of residence. The Illinois State

5 Police may adopt rules to enforce the provisions of this

6 subsection (a-10).

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

8 Identification Card moves from the residence address named in

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

10 and manner prescribed by the Illinois State Police of that

11 change of address.

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

13 Card shall furnish to the Illinois State Police his or her

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

15 seeking a religious exemption to the photograph requirement

16 must furnish with the application an approved copy of United

17 States Department of the Treasury Internal Revenue Service

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

19 age seeking a religious exemption to the photograph

20 requirement shall submit fingerprints on a form and manner

21 prescribed by the Illinois State Police ~~Department~~ with his or

22 her application.

23 (a-25) Beginning January 1, 2023, each applicant for the

24 issuance of a Firearm Owner's Identification Card may include

25 a full set of his or her fingerprints in electronic format to

26 the Illinois State Police, unless the applicant has previously

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1 provided a full set of his or her fingerprints to the Illinois

2 State Police under this Act or the Firearm Concealed Carry

3 Act.

4 The fingerprints must be transmitted through a live scan

5 fingerprint vendor licensed by the Department of Financial and

6 Professional Regulation. The fingerprints shall be checked

7 against the fingerprint records now and hereafter filed in the

8 Illinois State Police and Federal Bureau of Investigation

9 criminal history records databases, including all available

10 State and local criminal history record information files.

11 The Illinois State Police shall charge applicants a

12 one-time fee for conducting the criminal history record check,

13 which shall be deposited into the State Police Services Fund

14 and shall not exceed the actual cost of the State and national

15 criminal history record check.

16 (a-26) The Illinois State Police shall research, explore,

17 and report to the General Assembly by January 1, 2022 on the

18 feasibility of permitting voluntarily submitted fingerprints

19 obtained for purposes other than Firearm Owner's

20 Identification Card enforcement that are contained in the

21 Illinois State Police database for purposes of this Act.

22 (b) Each application form shall include the following

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

24 information on an application for a Firearm Owner's

25 Identification Card is punishable as a Class 2 felony in

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

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1 Owners Identification Card Act.".

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

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

4 consent shall be liable for any damages resulting from the

5 applicant's use of firearms or firearm ammunition.

6 (d) Upon written consent pursuant to subparagraph (i-5) of

7 paragraph (2) of subsection (a), the parent or legal guardian

8 giving the consent shall be liable for any damages resulting

9 from the applicant's use of firearms or firearm ammunition and

10 may be held accountable under Article 5 of the Criminal Code of

11 2012 for any criminal offenses resulting from the applicant's

12 use of firearms or firearm ammunition.

13 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;

14 102-538, eff. 8-20-21; revised 10-12-21.)