99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3919

 

Introduced , by Rep. Bill Mitchell

 

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

    Amends the Firearm Owners Identification Card Act. Eliminates provision that each applicant for a Firearm Owner's Identification Card who is over the age of 18, other than a person employed as a law enforcement officer, an armed security officer in Illinois, or by the United States Military permanently assigned in Illinois and who is not an Illinois resident, shall furnish to the Department of State Police either his or her Illinois driver's license number or Illinois Identification Card number.


LRB099 09386 RLC 29593 b

 

 

A BILL FOR

 

HB3919LRB099 09386 RLC 29593 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 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 the
18        written consent of his or her parent or legal guardian
19        to possess and acquire firearms and firearm ammunition
20        and that he or she has never been convicted of a
21        misdemeanor other than a traffic offense or adjudged
22        delinquent, provided, however, that such parent or
23        legal guardian is not an individual prohibited from

 

 

HB3919- 2 -LRB099 09386 RLC 29593 b

1        having a Firearm Owner's Identification Card and files
2        an affidavit with the Department as prescribed by the
3        Department stating that he or she is not an individual
4        prohibited from having a Card;
5            (ii) He or she has not been convicted of a felony
6        under the laws of this or any other jurisdiction;
7            (iii) He or she is not addicted to narcotics;
8            (iv) He or she has not been a patient in a mental
9        health facility within the past 5 years or, if he or
10        she has been a patient in a mental health facility more
11        than 5 years ago submit the certification required
12        under subsection (u) of Section 8 of this Act;
13            (v) He or she is not intellectually disabled;
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, or a substantially
23        similar offense in another jurisdiction, in which a
24        firearm was used or possessed;
25            (ix) He or she has not been convicted of domestic
26        battery, aggravated domestic battery, or a

 

 

HB3919- 3 -LRB099 09386 RLC 29593 b

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 an
5        offense described in this clause (ix) tried by a jury,
6        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 18
10        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
11        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:

 

 

HB3919- 4 -LRB099 09386 RLC 29593 b

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;

 

 

HB3919- 5 -LRB099 09386 RLC 29593 b

1            (xv) He or she has not been adjudicated as a
2        mentally disabled person;
3            (xvi) He or she has not been involuntarily admitted
4        into a mental health facility; and
5            (xvii) He or she is not developmentally disabled;
6        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 Police
11    of limited mental health institution admission information
12    from another state, the District of Columbia, any other
13    territory of the United States, or a foreign nation
14    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) (Blank). Each applicant for a Firearm Owner's
22Identification Card who is over the age of 18 shall furnish to
23the Department of State Police either his or her Illinois
24driver's license number or Illinois Identification Card
25number, except as provided in subsection (a-10).
26    (a-10) Each applicant for a Firearm Owner's Identification

 

 

HB3919- 6 -LRB099 09386 RLC 29593 b

1Card, who is employed as a law enforcement officer, an armed
2security officer in Illinois, or by the United States Military
3permanently assigned in Illinois and who is not an Illinois
4resident, shall furnish to the Department of State Police his
5or her driver's license number or state identification card
6number from his or her state of residence. The Department of
7State Police may adopt rules to enforce the provisions of this
8subsection (a-10).
9    (a-15) If an applicant applying for a Firearm Owner's
10Identification Card moves from the residence address named in
11the application, he or she shall immediately notify in a form
12and manner prescribed by the Department of State Police of that
13change of address.
14    (a-20) Each applicant for a Firearm Owner's Identification
15Card shall furnish to the Department of State Police his or her
16photograph. An applicant who is 21 years of age or older
17seeking a religious exemption to the photograph requirement
18must furnish with the application an approved copy of United
19States Department of the Treasury Internal Revenue Service Form
204029. In lieu of a photograph, an applicant regardless of age
21seeking a religious exemption to the photograph requirement
22shall submit fingerprints on a form and manner prescribed by
23the Department with his or her application.
24    (b) Each application form shall include the following
25statement printed in bold type: "Warning: Entering false
26information on an application for a Firearm Owner's

 

 

HB3919- 7 -LRB099 09386 RLC 29593 b

1Identification Card is punishable as a Class 2 felony in
2accordance with subsection (d-5) of Section 14 of the Firearm
3Owners Identification Card Act.".
4    (c) Upon such written consent, pursuant to Section 4,
5paragraph (a)(2)(i), the parent or legal guardian giving the
6consent shall be liable for any damages resulting from the
7applicant's use of firearms or firearm ammunition.
8(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
9eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
1098-63, eff. 7-9-13.)