103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1280
 
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 Illinois 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 Illinois State Police 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 of
misdemeanor stalking or a similar misdemeanor offense
in another jurisdiction.



LRB103 04721 RLC 49730 b


 
 
A BILL FOR
 


HB1280LRB103 04721 RLC 49730 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) 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). He or she is 21 years of age or 
17 over, or if he or she is under 21
years of age that he 
18 or she has the written consent of his or her parent or

19 legal guardian to possess and acquire firearms and 
20 firearm ammunition and that
he or she has never been 
21 convicted of a misdemeanor other than a traffic

22 offense or adjudged
delinquent, provided, however, 
23 that such parent or legal guardian is not an

 
 
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1 individual prohibited from having a Firearm Owner's 
2 Identification Card and
files an affidavit with the 
3 Department as prescribed by the Department
stating 
4 that he or she is not an individual prohibited from 
5 having a Card;
6   (i-5) This subparagraph (i-5) applies on and after 
7 the 181st day following July 12, 2019 (the effective 
8 date of Public Act 101-80). He or she is 21 years of 
9 age or over, or if he or she is under 21
years of age 
10 that he or she has never been convicted of a 
11 misdemeanor other than a traffic offense or adjudged 
12 delinquent and is an active duty member of the United 
13 States Armed Forces or has the written consent of his 
14 or her parent or
legal guardian to possess and acquire 
15 firearms and firearm ammunition, provided, however, 
16 that such parent or legal guardian is not an

17 individual prohibited from having a Firearm Owner's 
18 Identification Card and
files an affidavit with the 
19 Illinois State Police as prescribed by the Illinois 
20 State Police
stating that he or she is not an 
21 individual prohibited from having a Card or the active 
22 duty member of the United States Armed Forces under 21 
23 years of age annually submits proof to the Illinois 
24 State Police, in a manner prescribed by the Illinois 
25 State Police; 

26   (ii) He or she has not been convicted of a felony 
 
 
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1 under the laws of
this or any other jurisdiction;

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

3   (iv) He or she has not been a patient in a mental 
4 health facility within
the past 5 years or, if he or 
5 she has been a patient in a mental health facility more 
6 than 5 years ago submit the certification required 
7 under subsection (u) of Section 8 of this Act;

8   (v) He or she is not a person with an intellectual 
9 disability;

10   (vi) He or she is not a noncitizen who is 
11 unlawfully present in the
United States under the laws 
12 of the United States;

13   (vii) He or she is not subject to an existing order 
14 of protection
prohibiting him or her from possessing a 
15 firearm;

16   (viii) He or she has not been convicted within the 
17 past 5 years of
battery, assault, aggravated assault, 
18 violation of an order of
protection, or a 
19 substantially similar offense in another jurisdiction, 
20 in
which a firearm was used or possessed;

21   (viii-5) He or she has not been convicted of

22 misdemeanor stalking or a similar misdemeanor offense

23 in another jurisdiction; 
24   (ix) He or she has not been convicted of domestic 
25 battery, aggravated domestic battery, or a

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

14   (x) (Blank);

15   (xi) He or she is not a noncitizen who has been 
16 admitted to the United
States under a non-immigrant 
17 visa (as that term is defined in Section
101(a)(26) of 
18 the Immigration and Nationality Act (8 U.S.C. 
19 1101(a)(26))),
or that he or she is a noncitizen who 
20 has been lawfully admitted to the United
States under 
21 a non-immigrant visa if that noncitizen 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 
 
 
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1 Government or the Government's
mission to an 
2 international organization having its 
3 headquarters in the United
States; or

4     (B) en route to or from another country to 
5 which that noncitizen 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 
10 friendly foreign
government entering the United 
11 States on official business; or

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

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

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

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

19 receipt.

20 (a-5) Each applicant for a Firearm Owner's Identification 
21Card who is over
the age of 18 shall furnish to the Illinois 
22State Police either his or
her Illinois driver's license 
23number or Illinois Identification Card number, except as

24provided in subsection (a-10).

25 (a-10) Each applicant for a Firearm Owner's Identification 
26Card,
who is employed as a law enforcement officer, an armed 
 
 
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1security officer in Illinois, or by the United States Military

2permanently assigned in Illinois and who is not an Illinois 
3resident, shall furnish to
the Illinois State Police his or 
4her driver's license number or state
identification card 
5number from his or her state of residence. The Illinois State 
6Police may adopt rules to enforce the provisions of this

7subsection (a-10).

8 (a-15) If an applicant applying for a Firearm Owner's 
9Identification Card moves from the residence address named in 
10the application, he or she shall immediately notify in a form 
11and manner prescribed by the Illinois State Police of that 
12change of address.
13 (a-20) Each applicant for a Firearm Owner's Identification 
14Card shall furnish to the Illinois State Police his or her 
15photograph. An applicant who is 21 years of age or older 
16seeking a religious exemption to the photograph requirement 
17must furnish with the application an approved copy of United 
18States Department of the Treasury Internal Revenue Service 
19Form 4029. In lieu of a photograph, an applicant regardless of 
20age seeking a religious exemption to the photograph 
21requirement shall submit fingerprints on a form and manner 
22prescribed by the Illinois State Police with his or her 
23application. 
24 (a-25) Beginning January 1, 2023, each applicant for the 
25issuance of a Firearm Owner's Identification Card may include 
26a full set of his or her fingerprints in electronic format to 
 
 
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1the Illinois State Police, unless the applicant has previously 
2provided a full set of his or her fingerprints to the Illinois 
3State Police under this Act or the Firearm Concealed Carry 
4Act.
5 The fingerprints must be transmitted through a live scan 
6fingerprint vendor licensed by the Department of Financial and 
7Professional Regulation. The fingerprints shall be checked 
8against the fingerprint records now and hereafter filed in the 
9Illinois State Police and Federal Bureau of Investigation 
10criminal history records databases, including all available 
11State and local criminal history record information files.
12 The Illinois State Police shall charge applicants a 
13one-time fee for conducting the criminal history record check, 
14which shall be deposited into the State Police Services Fund 
15and shall not exceed the actual cost of the State and national 
16criminal history record check.
17 (a-26) The Illinois State Police shall research, explore, 
18and report to the General Assembly by January 1, 2022 on the 
19feasibility of permitting voluntarily submitted fingerprints 
20obtained for purposes other than Firearm Owner's 
21Identification Card enforcement that are contained in the 
22Illinois State Police database for purposes of this Act. 
23 (b) Each application form shall include the following 
24statement printed in
bold type: "Warning: Entering false 
25information on an application for a Firearm
Owner's 
26Identification Card is punishable as a Class 2 felony in 
 
 
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1accordance
with subsection (d-5) of Section 14 of the Firearm 
2Owners Identification Card
Act.".

3 (c) Upon such written consent, pursuant to Section 4, 
4paragraph (a)(2)(i),
the parent or legal guardian giving the 
5consent shall be liable for any
damages resulting from the 
6applicant's use of firearms or firearm ammunition.

7(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; 
8102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 
95-27-22.)




10 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

11 Sec. 8. Grounds for denial and revocation. The Illinois 
12State Police has authority to deny an
application for or to 
13revoke and seize a Firearm Owner's Identification
Card 
14previously issued under this Act only if the Illinois State 
15Police finds that the
applicant or the person to whom such card 
16was issued is or was at the time
of issuance:

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

20  (b) This subsection (b) applies through the 180th day 
21 following July 12, 2019 (the effective date of Public Act 
22 101-80). A person under 21 years of age who does not have 
23 the written consent
of his parent or guardian to acquire 
24 and possess firearms and firearm
ammunition, or whose 
25 parent or guardian has revoked such written consent,
or 
 
 
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1 where such parent or guardian does not qualify to have a 
2 Firearm Owner's
Identification Card;
3  (b-5) This subsection (b-5) applies on and after the 
4 181st day following July 12, 2019 (the effective date of 
5 Public Act 101-80). A person under 21 years of age who is 
6 not an active duty member of the United States Armed 
7 Forces and does not have the written consent
of his or her 
8 parent or guardian to acquire and possess firearms and 
9 firearm
ammunition, or whose parent or guardian has 
10 revoked such written consent,
or where such parent or 
11 guardian does not qualify to have a Firearm Owner's

12 Identification Card; 

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

15  (d) A person addicted to narcotics;

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

13  (i-5) A noncitizen 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 noncitizen who has been 
18 lawfully admitted to
the United States under a 
19 non-immigrant visa if that noncitizen 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 noncitizen 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  (k-5) A person who has been convicted of misdemeanor

20 stalking or a similar misdemeanor offense in another

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

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

14  (m) (Blank);

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

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


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

26  (q) A person who is not a resident of the State of 
 
 
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1 Illinois, except as provided in subsection (a-10) of 
2 Section 4; 
3  (r) A person who has been adjudicated as a person with 
4 a mental disability; 
5  (s) A person who has been found to have a 
6 developmental disability; 
7  (t) A person involuntarily admitted into a mental 
8 health facility; or 
9  (u) A person who has had his or her Firearm Owner's 
10 Identification Card revoked or denied under subsection (e) 
11 of this Section or item (iv) of paragraph (2) of 
12 subsection (a) of Section 4 of this Act because he or she 
13 was a patient in a mental health facility as provided in 
14 subsection (e) of this Section, shall not be permitted to 
15 obtain a Firearm Owner's Identification Card, after the 
16 5-year period has lapsed, unless he or she has received a 
17 mental health evaluation by a physician, clinical 
18 psychologist, or qualified examiner as those terms are 
19 defined in the Mental Health and Developmental 
20 Disabilities Code, and has received a certification that 
21 he or she is not a clear and present danger to himself, 
22 herself, or others. The physician, clinical psychologist, 
23 or qualified examiner making the certification and his or 
24 her employer shall not be held criminally, civilly, or 
25 professionally liable for making or not making the 
26 certification required under this subsection, except for 
 
 
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1 willful or wanton misconduct. This subsection does not 
2 apply to a person whose firearm possession rights have 
3 been restored through administrative or judicial action 
4 under Section 10 or 11 of this Act. 
5 Upon revocation of a person's Firearm Owner's 
6Identification Card, the Illinois State Police shall provide 
7notice to the person and the person shall comply with Section 
89.5 of this Act. 
9(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
10102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
115-27-22.)