101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3006

 

Introduced , by Rep. C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 66/25

    Amends the Firearm Owners Identification Card Act. Provides that a person who is under 21 years of age may apply for a Firearm Owner's Identification Card without parental consent required if he or she is an active duty member of the United States Armed Forces. Amends the Firearm Concealed Carry Act. Provides that the Department of State Police shall issue a concealed carry license to an applicant who is an active duty member of the United States Armed Forces.


LRB101 04998 SLF 50007 b

 

 

A BILL FOR

 

HB3006LRB101 04998 SLF 50007 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 Section 4 and 8 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. (a) Each applicant for a Firearm Owner's
8Identification Card must:
9        (1) Make application on blank forms prepared and
10    furnished at convenient locations throughout the State by
11    the Department of State Police, or by electronic means, if
12    and when made available by the Department of State Police;
13    and
14        (2) Submit evidence to the Department of State Police
15    that:
16            (i) He or she is 21 years of age or over, or if he
17        or she is under 21 years of age that he or she has
18        never been convicted of a misdemeanor other than a
19        traffic offense or adjudged delinquent and is an active
20        duty member of the United States Armed Forces or has
21        the written consent of his or her parent or legal
22        guardian to possess and acquire firearms and firearm
23        ammunition and that he or she has never been convicted

 

 

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1        of a misdemeanor other than a traffic offense or
2        adjudged delinquent, provided, however, that such
3        parent or legal guardian is not an individual
4        prohibited from having a Firearm Owner's
5        Identification Card and files an affidavit with the
6        Department as prescribed by the Department stating
7        that he or she is not an individual prohibited from
8        having a Card;
9            (ii) He or she has not been convicted of a felony
10        under the laws of this or any other jurisdiction;
11            (iii) He or she is not addicted to narcotics;
12            (iv) He or she has not been a patient in a mental
13        health facility within the past 5 years or, if he or
14        she has been a patient in a mental health facility more
15        than 5 years ago submit the certification required
16        under subsection (u) of Section 8 of this Act;
17            (v) He or she is not a person with an intellectual
18        disability;
19            (vi) He or she is not an alien who is unlawfully
20        present in the United States under the laws of the
21        United States;
22            (vii) He or she is not subject to an existing order
23        of protection prohibiting him or her from possessing a
24        firearm;
25            (viii) He or she has not been convicted within the
26        past 5 years of battery, assault, aggravated assault,

 

 

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1        violation of an order of protection, or a substantially
2        similar offense in another jurisdiction, in which a
3        firearm was used or possessed;
4            (ix) He or she has not been convicted of domestic
5        battery, aggravated domestic battery, or a
6        substantially similar offense in another jurisdiction
7        committed before, on or after January 1, 2012 (the
8        effective date of Public Act 97-158). If the applicant
9        knowingly and intelligently waives the right to have an
10        offense described in this clause (ix) tried by a jury,
11        and by guilty plea or otherwise, results in a
12        conviction for an offense in which a domestic
13        relationship is not a required element of the offense
14        but in which a determination of the applicability of 18
15        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
16        Code of Criminal Procedure of 1963, an entry by the
17        court of a judgment of conviction for that offense
18        shall be grounds for denying the issuance of a Firearm
19        Owner's Identification Card under this Section;
20            (x) (Blank);
21            (xi) He or she is not an alien who has been
22        admitted to the United States under a non-immigrant
23        visa (as that term is defined in Section 101(a)(26) of
24        the Immigration and Nationality Act (8 U.S.C.
25        1101(a)(26))), or that he or she is an alien who has
26        been lawfully admitted to the United States under a

 

 

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1        non-immigrant visa if that alien is:
2                (1) admitted to the United States for lawful
3            hunting or sporting purposes;
4                (2) an official representative of a foreign
5            government who is:
6                    (A) accredited to the United States
7                Government or the Government's mission to an
8                international organization having its
9                headquarters in the United States; or
10                    (B) en route to or from another country to
11                which that alien is accredited;
12                (3) an official of a foreign government or
13            distinguished foreign visitor who has been so
14            designated by the Department of State;
15                (4) a foreign law enforcement officer of a
16            friendly foreign government entering the United
17            States on official business; or
18                (5) one who has received a waiver from the
19            Attorney General of the United States pursuant to
20            18 U.S.C. 922(y)(3);
21            (xii) He or she is not a minor subject to a
22        petition filed under Section 5-520 of the Juvenile
23        Court Act of 1987 alleging that the minor is a
24        delinquent minor for the commission of an offense that
25        if committed by an adult would be a felony;
26            (xiii) He or she is not an adult who had been

 

 

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1        adjudicated a delinquent minor under the Juvenile
2        Court Act of 1987 for the commission of an offense that
3        if committed by an adult would be a felony;
4            (xiv) He or she is a resident of the State of
5        Illinois;
6            (xv) He or she has not been adjudicated as a person
7        with a mental disability;
8            (xvi) He or she has not been involuntarily admitted
9        into a mental health facility; and
10            (xvii) He or she is not a person with a
11        developmental disability; and
12        (3) Upon request by the Department of State Police,
13    sign a release on a form prescribed by the Department of
14    State Police waiving any right to confidentiality and
15    requesting the disclosure to the Department of State Police
16    of limited mental health institution admission information
17    from another state, the District of Columbia, any other
18    territory of the United States, or a foreign nation
19    concerning the applicant for the sole purpose of
20    determining whether the applicant is or was a patient in a
21    mental health institution and disqualified because of that
22    status from receiving a Firearm Owner's Identification
23    Card. No mental health care or treatment records may be
24    requested. The information received shall be destroyed
25    within one year of receipt.
26    (a-5) Each applicant for a Firearm Owner's Identification

 

 

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1Card who is over the age of 18 shall furnish to the Department
2of State Police either his or her Illinois driver's license
3number or Illinois Identification Card number, except as
4provided in subsection (a-10).
5    (a-10) Each applicant for a Firearm Owner's Identification
6Card, who is employed as a law enforcement officer, an armed
7security officer in Illinois, or by the United States Military
8permanently assigned in Illinois and who is not an Illinois
9resident, shall furnish to the Department of State Police his
10or her driver's license number or state identification card
11number from his or her state of residence. The Department of
12State Police may adopt rules to enforce the provisions of this
13subsection (a-10).
14    (a-15) If an applicant applying for a Firearm Owner's
15Identification Card moves from the residence address named in
16the application, he or she shall immediately notify in a form
17and manner prescribed by the Department of State Police of that
18change of address.
19    (a-20) Each applicant for a Firearm Owner's Identification
20Card shall furnish to the Department of State Police his or her
21photograph. An applicant who is 21 years of age or older
22seeking a religious exemption to the photograph requirement
23must furnish with the application an approved copy of United
24States Department of the Treasury Internal Revenue Service Form
254029. In lieu of a photograph, an applicant regardless of age
26seeking a religious exemption to the photograph requirement

 

 

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1shall submit fingerprints on a form and manner prescribed by
2the Department with his or her application.
3    (b) Each application form shall include the following
4statement printed in bold type: "Warning: Entering false
5information on an application for a Firearm Owner's
6Identification Card is punishable as a Class 2 felony in
7accordance with subsection (d-5) of Section 14 of the Firearm
8Owners Identification Card Act.".
9    (c) Upon such written consent, pursuant to Section 4,
10paragraph (a)(2)(i), the parent or legal guardian giving the
11consent shall be liable for any damages resulting from the
12applicant's use of firearms or firearm ammunition.
13(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
14    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
15    Sec. 8. Grounds for denial and revocation. The Department
16of State Police has authority to deny an application for or to
17revoke and seize a Firearm Owner's Identification Card
18previously issued under this Act only if the Department finds
19that the applicant or the person to whom such card was issued
20is or was at the time of issuance:
21        (a) A person under 21 years of age who has been
22    convicted of a misdemeanor other than a traffic offense or
23    adjudged delinquent;
24        (b) A person under 21 years of age who is not an active
25    duty member of the of the United States Armed Forces and

 

 

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1    does not have the written consent of his parent or guardian
2    to acquire and possess firearms and firearm ammunition, or
3    whose parent or guardian has revoked such written consent,
4    or where such parent or guardian does not qualify to have a
5    Firearm Owner's Identification Card;
6        (c) A person convicted of a felony under the laws of
7    this or any other jurisdiction;
8        (d) A person addicted to narcotics;
9        (e) A person who has been a patient of a mental health
10    facility within the past 5 years or a person who has been a
11    patient in a mental health facility more than 5 years ago
12    who has not received the certification required under
13    subsection (u) of this Section. An active law enforcement
14    officer employed by a unit of government who is denied,
15    revoked, or has his or her Firearm Owner's Identification
16    Card seized under this subsection (e) may obtain relief as
17    described in subsection (c-5) of Section 10 of this Act if
18    the officer did not act in a manner threatening to the
19    officer, another person, or the public as determined by the
20    treating clinical psychologist or physician, and the
21    officer seeks mental health treatment;
22        (f) A person whose mental condition is of such a nature
23    that it poses a clear and present danger to the applicant,
24    any other person or persons or the community;
25        (g) A person who has an intellectual disability;
26        (h) A person who intentionally makes a false statement

 

 

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1    in the Firearm Owner's Identification Card application;
2        (i) An alien who is unlawfully present in the United
3    States under the laws of the United States;
4        (i-5) An alien who has been admitted to the United
5    States under a non-immigrant visa (as that term is defined
6    in Section 101(a)(26) of the Immigration and Nationality
7    Act (8 U.S.C. 1101(a)(26))), except that this subsection
8    (i-5) does not apply to any alien who has been lawfully
9    admitted to the United States under a non-immigrant visa if
10    that alien is:
11            (1) admitted to the United States for lawful
12        hunting or sporting purposes;
13            (2) an official representative of a foreign
14        government who is:
15                (A) accredited to the United States Government
16            or the Government's mission to an international
17            organization having its headquarters in the United
18            States; or
19                (B) en route to or from another country to
20            which that alien is accredited;
21            (3) an official of a foreign government or
22        distinguished foreign visitor who has been so
23        designated by the Department of State;
24            (4) a foreign law enforcement officer of a friendly
25        foreign government entering the United States on
26        official business; or

 

 

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1            (5) one who has received a waiver from the Attorney
2        General of the United States pursuant to 18 U.S.C.
3        922(y)(3);
4        (j) (Blank);
5        (k) A person who has been convicted within the past 5
6    years of battery, assault, aggravated assault, violation
7    of an order of protection, or a substantially similar
8    offense in another jurisdiction, in which a firearm was
9    used or possessed;
10        (l) A person who has been convicted of domestic
11    battery, aggravated domestic battery, or a substantially
12    similar offense in another jurisdiction committed before,
13    on or after January 1, 2012 (the effective date of Public
14    Act 97-158). If the applicant or person who has been
15    previously issued a Firearm Owner's Identification Card
16    under this Act knowingly and intelligently waives the right
17    to have an offense described in this paragraph (l) tried by
18    a jury, and by guilty plea or otherwise, results in a
19    conviction for an offense in which a domestic relationship
20    is not a required element of the offense but in which a
21    determination of the applicability of 18 U.S.C. 922(g)(9)
22    is made under Section 112A-11.1 of the Code of Criminal
23    Procedure of 1963, an entry by the court of a judgment of
24    conviction for that offense shall be grounds for denying an
25    application for and for revoking and seizing a Firearm
26    Owner's Identification Card previously issued to the

 

 

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1    person under this Act;
2        (m) (Blank);
3        (n) A person who is prohibited from acquiring or
4    possessing firearms or firearm ammunition by any Illinois
5    State statute or by federal law;
6        (o) A minor subject to a petition filed under Section
7    5-520 of the Juvenile Court Act of 1987 alleging that the
8    minor is a delinquent minor for the commission of an
9    offense that if committed by an adult would be a felony;
10        (p) An adult who had been adjudicated a delinquent
11    minor under the Juvenile Court Act of 1987 for the
12    commission of an offense that if committed by an adult
13    would be a felony;
14        (q) A person who is not a resident of the State of
15    Illinois, except as provided in subsection (a-10) of
16    Section 4;
17        (r) A person who has been adjudicated as a person with
18    a mental disability;
19        (s) A person who has been found to have a developmental
20    disability;
21        (t) A person involuntarily admitted into a mental
22    health facility; or
23        (u) A person who has had his or her Firearm Owner's
24    Identification Card revoked or denied under subsection (e)
25    of this Section or item (iv) of paragraph (2) of subsection
26    (a) of Section 4 of this Act because he or she was a

 

 

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1    patient in a mental health facility as provided in
2    subsection (e) of this Section, shall not be permitted to
3    obtain a Firearm Owner's Identification Card, after the
4    5-year period has lapsed, unless he or she has received a
5    mental health evaluation by a physician, clinical
6    psychologist, or qualified examiner as those terms are
7    defined in the Mental Health and Developmental
8    Disabilities Code, and has received a certification that he
9    or she is not a clear and present danger to himself,
10    herself, or others. The physician, clinical psychologist,
11    or qualified examiner making the certification and his or
12    her employer shall not be held criminally, civilly, or
13    professionally liable for making or not making the
14    certification required under this subsection, except for
15    willful or wanton misconduct. This subsection does not
16    apply to a person whose firearm possession rights have been
17    restored through administrative or judicial action under
18    Section 10 or 11 of this Act.
19    Upon revocation of a person's Firearm Owner's
20Identification Card, the Department of State Police shall
21provide notice to the person and the person shall comply with
22Section 9.5 of this Act.
23(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
24eff. 7-16-14; 99-143, eff. 7-27-15.)
 
25    Section 10. The Firearm Concealed Carry Act is amended by

 

 

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1changing Section 25 as follows:
 
2    (430 ILCS 66/25)
3    Sec. 25. Qualifications for a license.
4    The Department shall issue a license to an applicant
5completing an application in accordance with Section 30 of this
6Act if the person:
7        (1) is at least 21 years of age or is an active duty
8    member of the United States Armed Forces;
9        (2) has a currently valid Firearm Owner's
10    Identification Card and at the time of application meets
11    the requirements for the issuance of a Firearm Owner's
12    Identification Card and is not prohibited under the Firearm
13    Owners Identification Card Act or federal law from
14    possessing or receiving a firearm;
15        (3) has not been convicted or found guilty in this
16    State or in any other state of:
17            (A) a misdemeanor involving the use or threat of
18        physical force or violence to any person within the 5
19        years preceding the date of the license application; or
20            (B) 2 or more violations related to driving while
21        under the influence of alcohol, other drug or drugs,
22        intoxicating compound or compounds, or any combination
23        thereof, within the 5 years preceding the date of the
24        license application;
25        (4) is not the subject of a pending arrest warrant,

 

 

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1    prosecution, or proceeding for an offense or action that
2    could lead to disqualification to own or possess a firearm;
3        (5) has not been in residential or court-ordered
4    treatment for alcoholism, alcohol detoxification, or drug
5    treatment within the 5 years immediately preceding the date
6    of the license application; and
7        (6) has completed firearms training and any education
8    component required under Section 75 of this Act.
9(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)