093_SB1320

 
                                     LRB093 10939 MBS 11506 b

 1        AN ACT concerning firearms.

 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, 5, 7, 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
 8    Identification 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,
12        if  and  when  made  available by the Department of State
13        Police; and
14             (2)  Submit evidence  to  the  Department  of  State
15        Police that:
16                  (i)  He  or  she is 21 years of age or over, or
17             if he or she is under 21 years of age that he or she
18             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
24             individual prohibited from having a Firearm  Owner's
25             Identification  Card and files an affidavit with the
26             Department as prescribed by the  Department  stating
27             that  he or she is not an individual prohibited from
28             having a Card;
29                  (ii)  He or she has not  been  convicted  of  a
30             felony   under   the  laws  of  this  or  any  other
31             jurisdiction;
 
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 1                  (iii)  He or she is not addicted to narcotics;
 2                  (iv)  He or she has not been  a  patient  in  a
 3             mental institution within the past 5 years;
 4                  (v)  He or she is not mentally retarded;
 5                  (vi)  He   or  she  is  not  an  alien  who  is
 6             unlawfully present in the United  States  under  the
 7             laws of the United States;
 8                  (vii)  He  or she is not subject to an existing
 9             order of protection  prohibiting  him  or  her  from
10             possessing a firearm;
11                  (viii)  He or she has not been convicted within
12             the  past  5  years  of battery, assault, aggravated
13             assault, violation of an order of protection,  or  a
14             substantially    similar    offense    in    another
15             jurisdiction,   in  which  a  firearm  was  used  or
16             possessed;
17                  (ix)  He or  she  has  not  been  convicted  of
18             domestic  battery or a substantially similar offense
19             in another jurisdiction committed on  or  after  the
20             effective date of this amendatory Act of 1997;
21                  (x)  He  or  she  has not been convicted within
22             the  past  5  years  of  domestic   battery   or   a
23             substantially    similar    offense    in    another
24             jurisdiction  committed before the effective date of
25             this amendatory Act of 1997; and
26                  (xi)  He or she is not an alien  who  has  been
27             admitted  to the United States under a non-immigrant
28             visa (as that term is defined in Section  101(a)(26)
29             of  the  Immigration  and  Nationality Act (8 U.S.C.
30             1101(a)(26))), or that he or she is an alien who has
31             been lawfully admitted to the United States under  a
32             non-immigrant visa if that alien is:
33                       (1)  admitted  to  the  United  States for
34                  lawful hunting or sporting purposes;
 
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 1                       (2)  an  official  representative   of   a
 2                  foreign government who is:
 3                            (A)  accredited  to the United States
 4                       Government or the Government's mission  to
 5                       an  international  organization having its
 6                       headquarters in the United States; or
 7                            (B)  en  route  to  or  from  another
 8                       country to which that alien is accredited;
 9                       (3)  an official of a  foreign  government
10                  or  distinguished  foreign visitor who has been
11                  so designated by the Department of State;
12                       (4)  a foreign law enforcement officer  of
13                  a  friendly  foreign  government  entering  the
14                  United States on official business; or
15                       (5)  one  who  has  received a waiver from
16                  the  Attorney  General  of  the  United  States
17                  pursuant to 18 U.S.C. 922(y)(3); and
18             (3)  Upon request by the Department of State Police,
19        sign a release on a form prescribed by the Department  of
20        State  Police  waiving  any  right to confidentiality and
21        requesting the disclosure  to  the  Department  of  State
22        Police  of  limited  mental  health institution admission
23        information from another state, the District of Columbia,
24        any other territory of the United States,  or  a  foreign
25        nation  concerning  the applicant for the sole purpose of
26        determining whether the applicant is or was a patient  in
27        a  mental  health institution and disqualified because of
28        that   status   from   receiving   a   Firearm    Owner's
29        Identification  Card.  No mental health care or treatment
30        records may be requested.  The information received shall
31        be destroyed within one year of receipt; and.
32             (4)  Be fingerprinted and photographed in  a  manner
33        and  by  a  law  enforcement agency that is authorized by
34        rules of the Department  of  State  Police  to  take  the
 
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 1        fingerprints and photographs; and
 2             (5)  Successfully  complete  a  basic firearm safety
 3        test  in  accordance  with  the  rules  adopted  by   the
 4        Department of State Police.
 5        (a-5)  Each    applicant    for    a    Firearm   Owner's
 6    Identification Card who is over the age of 18  shall  furnish
 7    to  the Department of State Police either his or her driver's
 8    license number or Illinois Identification Card number.
 9        (a-10)  Each   applicant   for    a    Firearm    Owner's
10    Identification  Card,  who  is  employed as an armed security
11    officer at a nuclear energy, storage, weapons, or development
12    facility regulated by the Nuclear Regulatory  Commission  and
13    who  is  not  an  Illinois  resident,  shall  furnish  to the
14    Department of State Police his or her driver's license number
15    or state identification card number from his or her state  of
16    residence.   The  Department  of  State Police may promulgate
17    rules to enforce the provisions of this subsection (a-10).
18        (b)  Each application form shall  include  the  following
19    statement  printed  in  bold  type:  "Warning: Entering false
20    information  on  an  application  for   a   Firearm   Owner's
21    Identification  Card  is  punishable  as  a Class 2 felony in
22    accordance with subsection (d-5) of Section 14 of the Firearm
23    Owners Identification Card Act.".
24        (c)  Upon such written consent, pursuant  to  Section  4,
25    paragraph  (a)(2)(i), the parent or legal guardian giving the
26    consent shall be liable for any damages  resulting  from  the
27    applicant's use of firearms or firearm ammunition.
28    (Source:  P.A.  91-514,  eff.  1-1-00;  91-694, eff. 4-13-00;
29    92-442, eff. 8-17-01;  92-839,  eff.  8-22-02;  92-854,  eff.
30    12-5-02; revised 12-30-02.)

31        (430 ILCS 65/5) (from Ch. 38, par. 83-5)
32        Sec.  5.   The  Department  of  State Police shall either
33    approve or deny all applications within 30 days from the date
 
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 1    they  are  received,  and  every  applicant  found  qualified
 2    pursuant to Section 8 of this Act by the Department shall  be
 3    entitled  to  a  Firearm Owner's Identification Card upon the
 4    payment of a $25 $5 fee. $7 $3 of each fee derived  from  the
 5    issuance of Firearm Owner's Identification Cards, or renewals
 6    thereof,  shall be deposited in the Wildlife and Fish Fund in
 7    the State Treasury; $3 $1 of such fee shall be  deposited  in
 8    the  General Revenue Fund in the State Treasury and $15 $1 of
 9    such  fee  shall  be  deposited  in   the   Firearm   Owner's
10    Notification   Fund.    Monies   in   the   Firearm   Owner's
11    Notification  Fund  shall  be used exclusively to pay for the
12    cost of sending notices  of  expiration  of  Firearm  Owner's
13    Identification  Cards  under Section 13.2 of this Act. Excess
14    monies in the Firearm Owner's Notification Fund shall be used
15    to ensure the prompt and efficient processing of applications
16    received under Section 4 of this Act.
17    (Source: P.A. 84-1426.)

18        (430 ILCS 65/7) (from Ch. 38, par. 83-7)
19        Sec. 7. Except as provided in Section 8 of  this  Act,  a
20    Firearm   Owner's   Identification   Card  issued  under  the
21    provisions of this Act shall be valid for the person to  whom
22    it  is  issued for a period of one year 5 years from the date
23    of issuance.
24    (Source: Laws 1967, p. 2600.)

25        (430 ILCS 65/8) (from Ch. 38, par. 83-8)
26        Sec. 8.  The Department of State Police has authority  to
27    deny  an  application  for  or  to revoke and seize a Firearm
28    Owner's Identification Card previously issued under this  Act
29    only if the Department finds that the applicant or the person
30    to  whom  such  card  was  issued  is  or  was at the time of
31    issuance:
32        (a)  A  person  under  21  years  of  age  who  has  been
 
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 1    convicted of a misdemeanor other than a  traffic  offense  or
 2    adjudged delinquent;
 3        (b)  A person under 21 years of age who does not have the
 4    written  consent  of  his  parent  or guardian to acquire and
 5    possess firearms and firearm ammunition, or whose  parent  or
 6    guardian  has  revoked  such  written  consent, or where such
 7    parent or guardian does not qualify to have a Firearm Owner's
 8    Identification Card;
 9        (c)  A person convicted of a felony  under  the  laws  of
10    this or any other jurisdiction;
11        (d)  A person addicted to narcotics;
12        (e)  A  person  who  has  been  a  patient  of  a  mental
13    institution within the past 5 years;
14        (f)  A  person whose mental condition is of such a nature
15    that it poses a clear and present danger  to  the  applicant,
16    any other person or persons or the community;
17        For  the  purposes  of  this  Section, "mental condition"
18    means a  state  of  mind  manifested  by  violent,  suicidal,
19    threatening or assaultive behavior.
20        (g)  A person who is mentally retarded;
21        (h)  A  person  who intentionally makes a false statement
22    in the Firearm Owner's Identification Card application;
23        (i)  An alien who is unlawfully  present  in  the  United
24    States under the laws of the United States;
25        (i-5)  An  alien  who  has  been  admitted  to the United
26    States under a non-immigrant visa (as that term is defined in
27    Section 101(a)(26) of the Immigration and Nationality Act  (8
28    U.S.C.  1101(a)(26))), except that this subsection (i-5) does
29    not apply to any alien who has been lawfully admitted to  the
30    United States under a non-immigrant visa if that alien is:
31             (1)  admitted   to  the  United  States  for  lawful
32        hunting or sporting purposes;
33             (2)  an  official  representative   of   a   foreign
34        government who is:
 
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 1                  (A)  accredited to the United States Government
 2             or  the  Government's  mission  to  an international
 3             organization having its headquarters in  the  United
 4             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 designated
 9        by the Department of State;
10             (4)  a foreign law enforcement officer of a friendly
11        foreign government entering the United States on official
12        business; or
13             (5)  one who has received a waiver from the Attorney
14        General of  the  United  States  pursuant  to  18  U.S.C.
15        922(y)(3);
16        (j)  A  person  who  is  subject  to an existing order of
17    protection prohibiting him or her from possessing a firearm;
18        (k)  A person who has been convicted within  the  past  5
19    years  of  battery, assault, aggravated assault, violation of
20    an order of protection, or a substantially similar offense in
21    another  jurisdiction,  in  which  a  firearm  was  used   or
22    possessed;
23        (l)  A  person who has been convicted of domestic battery
24    or a substantially similar offense  in  another  jurisdiction
25    committed on or after January 1, 1998;
26        (m)  A  person  who  has been convicted within the past 5
27    years of domestic battery or a substantially similar  offense
28    in another jurisdiction committed before January 1, 1998; or
29        (n)   A  person  who  is  prohibited  from  acquiring  or
30    possessing  firearms  or  firearm  ammunition by any Illinois
31    State statute or by federal law; or.
32        (o)  A person who, in this or any other jurisdiction,  is
33    on   bond  or  awaiting  a  preliminary  hearing,  trial,  or
34    sentencing for the commission of:
 
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 1             A.  a felony; or
 2             B.  the offense of domestic battery in Illinois or a
 3        substantially similar offense in another jurisdiction; or
 4             C.  a violation of Article 24 of the  Criminal  Code
 5        of  1961  or  of  this  Act  in Illinois or substantially
 6        similar  laws  of  another  jurisdiction  pertaining   to
 7        firearms.
 8    (Source: P.A. 91-694, eff. 4-13-00; 92-854, eff. 12-5-02.)