Full Text of HB4456 97th General Assembly
HB4456ham001 97TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 3/2/2012
| | 09700HB4456ham001 | | LRB097 18381 RLC 66817 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4456
| 2 | | AMENDMENT NO. ______. Amend House Bill 4456 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 4, 8, 8.1, and 10 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, 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 |
| | | 09700HB4456ham001 | - 2 - | LRB097 18381 RLC 66817 a |
|
| 1 | | or she is under 21
years of age that he or she has the | 2 | | written consent of his or her parent or
legal guardian | 3 | | to possess and acquire firearms and firearm ammunition | 4 | | and that
he or she has never been convicted of a | 5 | | misdemeanor other than a traffic
offense or adjudged
| 6 | | delinquent, provided, however, that such parent or | 7 | | legal guardian is not an
individual prohibited from | 8 | | having a Firearm Owner's Identification Card and
files | 9 | | an affidavit with the Department as prescribed by the | 10 | | Department
stating that he or she is not an individual | 11 | | prohibited from having a Card;
| 12 | | (ii) He or she has not been convicted of a felony | 13 | | under the laws of
this or any other jurisdiction;
| 14 | | (iii) He or she is not addicted to narcotics;
| 15 | | (iv) He or she has not been a patient in a mental | 16 | | institution within
the past 5 years and he or she has | 17 | | not been adjudicated as a mental defective;
| 18 | | (v) He or she is not intellectually disabled;
| 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, |
| | | 09700HB4456ham001 | - 3 - | LRB097 18381 RLC 66817 a |
|
| 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) this amendatory | 9 | | Act
of the 97th General Assembly ;
| 10 | | (x) (Blank);
| 11 | | (xi) He or she is not an alien who has been | 12 | | admitted to the United
States under a non-immigrant | 13 | | visa (as that term is defined in Section
101(a)(26) of | 14 | | the Immigration and Nationality Act (8 U.S.C. | 15 | | 1101(a)(26))),
or that he or she is an alien who has | 16 | | been lawfully admitted to the United
States under a | 17 | | non-immigrant visa if that alien is:
| 18 | | (1) admitted to the United States for lawful | 19 | | hunting or sporting
purposes;
| 20 | | (2) an official representative of a foreign | 21 | | government who is:
| 22 | | (A) accredited to the United States | 23 | | Government or the Government's
mission to an | 24 | | international organization having its | 25 | | headquarters in the United
States; or
| 26 | | (B) en route to or from another country to |
| | | 09700HB4456ham001 | - 4 - | LRB097 18381 RLC 66817 a |
|
| 1 | | which that alien is
accredited;
| 2 | | (3) an official of a foreign government or | 3 | | distinguished foreign
visitor who has been so | 4 | | designated by the Department of State;
| 5 | | (4) a foreign law enforcement officer of a | 6 | | friendly foreign
government entering the United | 7 | | States on official business; or
| 8 | | (5) one who has received a waiver from the | 9 | | Attorney General of the
United States pursuant to | 10 | | 18 U.S.C. 922(y)(3);
| 11 | | (xii) He or she is not a minor subject to a | 12 | | petition filed
under Section 5-520 of the Juvenile | 13 | | Court Act of 1987 alleging that the
minor is a | 14 | | delinquent minor for the commission of an offense that | 15 | | if
committed by an adult would be a felony; and
| 16 | | (xiii) He or she is not an adult who had been | 17 | | adjudicated a delinquent
minor under the Juvenile | 18 | | Court Act of 1987 for the commission of an offense
that | 19 | | if committed by an adult would be a felony; and
| 20 | | (xiv) He or she is a resident of the State of | 21 | | Illinois; and
| 22 | | (3) Upon request by the Department of State Police, | 23 | | sign a release on a
form prescribed by the Department of | 24 | | State Police waiving any right to
confidentiality and | 25 | | requesting the disclosure to the Department of State Police
| 26 | | of limited mental health institution admission information |
| | | 09700HB4456ham001 | - 5 - | LRB097 18381 RLC 66817 a |
|
| 1 | | from another state,
the District of Columbia, any other | 2 | | territory of the United States, or a
foreign nation | 3 | | concerning the applicant for the sole purpose of | 4 | | determining
whether the applicant is or was a patient in a | 5 | | mental health institution and
disqualified because of that | 6 | | status from receiving a Firearm Owner's
Identification | 7 | | Card. No mental health care or treatment records may be
| 8 | | requested. The information received shall be destroyed | 9 | | within one year of
receipt.
| 10 | | (a-5) Each applicant for a Firearm Owner's Identification | 11 | | Card who is over
the age of 18 shall furnish to the Department | 12 | | of State Police either his or
her driver's license number or | 13 | | Illinois Identification Card number.
| 14 | | (a-10) Each applicant for a Firearm Owner's Identification | 15 | | Card,
who is employed as an armed security officer at a nuclear | 16 | | energy,
storage, weapons, or development facility regulated by | 17 | | the Nuclear
Regulatory Commission and who is not an Illinois | 18 | | resident, shall furnish to
the Department of State Police his | 19 | | or her driver's license number or state
identification card | 20 | | number from his or her state of residence. The Department
of | 21 | | State Police may promulgate rules to enforce the provisions of | 22 | | this
subsection (a-10).
| 23 | | (b) Each application form shall include the following | 24 | | statement printed in
bold type: "Warning: Entering false | 25 | | information on an application for a Firearm
Owner's | 26 | | Identification Card is punishable as a Class 2 felony in |
| | | 09700HB4456ham001 | - 6 - | LRB097 18381 RLC 66817 a |
|
| 1 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 2 | | Owners Identification Card
Act.".
| 3 | | (c) Upon such written consent, pursuant to Section 4, | 4 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 5 | | consent shall be liable for any
damages resulting from the | 6 | | applicant's use of firearms or firearm ammunition.
| 7 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised | 8 | | 10-4-11.)
| 9 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 10 | | Sec. 8. The Department of State Police has authority to | 11 | | deny an
application for or to revoke and seize a Firearm | 12 | | Owner's Identification
Card previously issued under this Act | 13 | | only if the Department finds that the
applicant or the person | 14 | | to whom such card was issued is or was at the time
of issuance:
| 15 | | (a) A person under 21 years of age who has been convicted | 16 | | of a
misdemeanor other than a traffic offense or adjudged | 17 | | delinquent;
| 18 | | (b) A person under 21 years of age who does not have the | 19 | | written consent
of his parent or guardian to acquire and | 20 | | possess firearms and firearm
ammunition, or whose parent or | 21 | | guardian has revoked such written consent,
or where such parent | 22 | | or guardian does not qualify to have a Firearm Owner's
| 23 | | Identification Card;
| 24 | | (c) A person convicted of a felony under the laws of this | 25 | | or any other
jurisdiction;
|
| | | 09700HB4456ham001 | - 7 - | LRB097 18381 RLC 66817 a |
|
| 1 | | (d) A person addicted to narcotics;
| 2 | | (e) A person who has been a patient of a mental institution | 3 | | within the
past 5 years or has been adjudicated as a mental | 4 | | defective;
| 5 | | (f) A person whose mental condition is of such a nature | 6 | | that it poses
a clear and present danger to the applicant, any | 7 | | other person or persons or
the community;
| 8 | | For the purposes of this Section, "mental condition" means | 9 | | a state of
mind manifested by violent, suicidal, threatening or | 10 | | assaultive behavior.
| 11 | | (g) A person who is intellectually disabled;
| 12 | | (h) A person who intentionally makes a false statement in | 13 | | the Firearm
Owner's Identification Card application;
| 14 | | (i) An alien who is unlawfully present in
the United States | 15 | | under the laws of the United States;
| 16 | | (i-5) An alien who has been admitted to the United States | 17 | | under a
non-immigrant visa (as that term is defined in Section | 18 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 19 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 20 | | to any alien who has been lawfully admitted to
the United | 21 | | States under a non-immigrant visa if that alien is:
| 22 | | (1) admitted to the United States for lawful hunting or | 23 | | sporting purposes;
| 24 | | (2) an official representative of a foreign government | 25 | | who is:
| 26 | | (A) accredited to the United States Government or |
| | | 09700HB4456ham001 | - 8 - | LRB097 18381 RLC 66817 a |
|
| 1 | | the Government's
mission to an international | 2 | | organization having its headquarters in the United
| 3 | | States; or
| 4 | | (B) en route to or from another country to which | 5 | | that alien is
accredited;
| 6 | | (3) an official of a foreign government or | 7 | | distinguished foreign visitor
who has been so designated by | 8 | | the Department of State;
| 9 | | (4) a foreign law enforcement officer of a friendly | 10 | | foreign government
entering the United States on official | 11 | | business; or
| 12 | | (5) one who has received a waiver from the Attorney | 13 | | General of the United
States pursuant to 18 U.S.C. | 14 | | 922(y)(3);
| 15 | | (j) (Blank);
| 16 | | (k) A person who has been convicted within the past 5 years | 17 | | of battery,
assault, aggravated assault, violation of an order | 18 | | of protection, or a
substantially similar offense in another | 19 | | jurisdiction, in which a firearm was
used or possessed;
| 20 | | (l) A person who has been convicted of domestic battery, | 21 | | aggravated domestic battery, or a substantially
similar | 22 | | offense in another jurisdiction committed before, on or after | 23 | | January 1, 2012 ( the effective date of Public Act 97-158) this | 24 | | amendatory Act of the 97th General Assembly ;
| 25 | | (m) (Blank);
| 26 | | (n) A person who is prohibited from acquiring or possessing
|
| | | 09700HB4456ham001 | - 9 - | LRB097 18381 RLC 66817 a |
|
| 1 | | firearms or firearm ammunition by any Illinois State statute or | 2 | | by federal
law;
| 3 | | (o) A minor subject to a petition filed under Section 5-520 | 4 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 5 | | delinquent minor for
the commission of an offense that if | 6 | | committed by an adult would be a felony;
or
| 7 | | (p) An adult who had been adjudicated a delinquent minor | 8 | | under the Juvenile
Court Act of 1987 for the commission of an | 9 | | offense that if committed by an
adult would be a felony ; or | 10 | | (q) A person who is not a resident of the State of | 11 | | Illinois .
| 12 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 13 | | eff. 1-1-12; revised 10-4-11.)
| 14 | | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| 15 | | Sec. 8.1. Circuit Clerk to notify Department of State | 16 | | Police.
| 17 | | (a) The Circuit Clerk shall, in the form and manner | 18 | | required by the
Supreme Court, notify the Department of State | 19 | | Police of all final dispositions
of cases for which the | 20 | | Department has received information reported to it under
| 21 | | Section 2.1 of the Criminal Identification Act.
| 22 | | (b) Upon adjudication of any individual as a mental | 23 | | defective, as defined in Section 1.1, the court shall direct | 24 | | the circuit court clerk shall to immediately notify the | 25 | | Department of State Police, Firearm Owner's Identification |
| | | 09700HB4456ham001 | - 10 - | LRB097 18381 RLC 66817 a |
|
| 1 | | (FOID) department, and shall forward a copy of the court order | 2 | | to the Department.
| 3 | | (Source: P.A. 95-581, eff. 6-1-08 .)
| 4 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| 5 | | Sec. 10. (a) Whenever an application for a Firearm Owner's | 6 | | Identification
Card is denied, whenever the Department fails to | 7 | | act on an application
within 30 days of its receipt, or | 8 | | whenever such a Card is revoked or seized
as provided for in | 9 | | Section 8 of this Act, the aggrieved party may
appeal
to the | 10 | | Director of the Department of State Police for a hearing upon
| 11 | | such denial, revocation or seizure, unless the denial, | 12 | | revocation, or seizure
was based upon a forcible felony, | 13 | | stalking, aggravated stalking, domestic
battery, any violation | 14 | | of the Illinois Controlled Substances Act, the Methamphetamine | 15 | | Control and Community Protection Act, or the
Cannabis Control | 16 | | Act that is classified as a Class 2 or greater felony,
any
| 17 | | felony violation of Article 24 of the Criminal Code of 1961, or | 18 | | any
adjudication as a delinquent minor for the commission of an
| 19 | | offense that if committed by an adult would be a felony, in | 20 | | which case the
aggrieved party may petition the circuit court | 21 | | in writing in the county of
his or her residence for a hearing | 22 | | upon such denial, revocation, or seizure.
| 23 | | (b) At least 30 days before any hearing in the circuit | 24 | | court, the
petitioner shall serve the
relevant State's Attorney | 25 | | with a copy of the petition. The State's Attorney
may object to |
| | | 09700HB4456ham001 | - 11 - | LRB097 18381 RLC 66817 a |
|
| 1 | | the petition and present evidence. At the hearing the court
| 2 | | shall
determine whether substantial justice has been done. | 3 | | Should the court
determine that substantial justice has not | 4 | | been done, the court shall issue an
order directing the | 5 | | Department of State Police to issue a Card. However, the court | 6 | | shall not order a Card to be issued if the petitioner is | 7 | | otherwise prohibited from acquiring, possessing, or using a | 8 | | firearm under federal law.
| 9 | | (c) Any person prohibited from possessing a firearm under | 10 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | 11 | | acquiring a Firearm Owner's
Identification Card under Section 8 | 12 | | of this Act may apply to
the Director
of the Department of | 13 | | State Police
or petition the circuit court in the county where | 14 | | the petitioner resides,
whichever is applicable in accordance | 15 | | with subsection (a) of this Section,
requesting relief
from | 16 | | such prohibition and the Director or court may grant such | 17 | | relief if it
is
established by the applicant to the court's or | 18 | | Director's satisfaction
that:
| 19 | | (0.05) when in the circuit court, the State's Attorney | 20 | | has been served
with a written
copy of the
petition at | 21 | | least 30 days before any such hearing in the circuit court | 22 | | and at
the hearing the
State's Attorney was afforded an | 23 | | opportunity to present evidence and object to
the petition;
| 24 | | (1) the applicant has not been convicted of a forcible | 25 | | felony under the
laws of this State or any other | 26 | | jurisdiction within 20 years of the
applicant's |
| | | 09700HB4456ham001 | - 12 - | LRB097 18381 RLC 66817 a |
|
| 1 | | application for a Firearm Owner's Identification Card, or | 2 | | at
least 20 years have passed since the end of any period | 3 | | of imprisonment
imposed in relation to that conviction;
| 4 | | (2) the circumstances regarding a criminal conviction, | 5 | | where applicable,
the applicant's criminal history and his | 6 | | reputation are such that the applicant
will not be likely | 7 | | to act in a manner dangerous to public safety; and
| 8 | | (3) granting relief would not be contrary to the public | 9 | | interest ; and | 10 | | (4) granting relief would not be contrary to federal | 11 | | law .
| 12 | | | 13 | | (d) When a minor is adjudicated delinquent for an offense | 14 | | which if
committed by an adult would be a felony, the court | 15 | | shall notify the Department
of State Police.
| 16 | | (e) The court shall review the denial of an application or | 17 | | the revocation of
a Firearm Owner's Identification Card of a | 18 | | person who has been adjudicated
delinquent for an offense that | 19 | | if
committed by an adult would be a felony if an
application | 20 | | for relief has been filed at least 10 years after the | 21 | | adjudication
of delinquency and the court determines that the | 22 | | applicant should be
granted relief from disability to obtain a | 23 | | Firearm Owner's Identification Card.
If the court grants | 24 | | relief, the court shall notify the Department of State
Police | 25 | | that the disability has
been removed and that the applicant is | 26 | | eligible to obtain a Firearm Owner's
Identification Card.
|
| | | 09700HB4456ham001 | - 13 - | LRB097 18381 RLC 66817 a |
|
| 1 | | (f) Any person who is prohibited from possessing a firearm | 2 | | under 18 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun | 3 | | Control Act of 1968 may apply to the Department of State Police | 4 | | requesting relief from such prohibition and the Director shall | 5 | | grant such relief if it is established to the Director's | 6 | | satisfaction that the person will not be likely to act in a | 7 | | manner dangerous to public safety and granting relief would not | 8 | | be contrary to the public interest. | 9 | | (Source: P.A. 96-1368, eff. 7-28-10.)".
|
|