Full Text of HB1157 98th General Assembly
HB1157ham005 98TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 3/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1157
| 2 | | AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 201. The Firearm Owners Identification Card Act is | 5 | | amended 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 | 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 |
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| 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, |
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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; and
| 4 | | (xiv) He or she is a resident of the State of | 5 | | Illinois; and
| 6 | | (3) Upon request by the Department of State Police, | 7 | | sign a release on a
form prescribed by the Department of | 8 | | State Police waiving any right to
confidentiality and | 9 | | requesting the disclosure to the Department of State Police
| 10 | | of limited mental health institution admission information | 11 | | from another state,
the District of Columbia, any other | 12 | | territory of the United States, or a
foreign nation | 13 | | concerning the applicant for the sole purpose of | 14 | | determining
whether the applicant is or was a patient in a | 15 | | mental health institution and
disqualified because of that | 16 | | status from receiving a Firearm Owner's
Identification | 17 | | Card. No mental health care or treatment records may be
| 18 | | requested. The information received shall be destroyed | 19 | | within one year of
receipt.
| 20 | | (a-5) Each applicant for a Firearm Owner's Identification | 21 | | Card who is over
the age of 18 shall furnish to the Department | 22 | | of State Police either his or
her Illinois driver's license | 23 | | number or Illinois Identification Card number, except as
| 24 | | provided in subsection (a-10).
| 25 | | (a-10) Each applicant for a Firearm Owner's Identification | 26 | | Card,
who is employed as a law enforcement officer, an armed |
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| 1 | | security officer in Illinois, or by the United States Military
| 2 | | permanently assigned in Illinois and who is not an Illinois | 3 | | resident, shall furnish to
the Department of State Police his | 4 | | or her driver's license number or state
identification card | 5 | | number from his or her state of residence. The Department
of | 6 | | State Police may promulgate rules to enforce the provisions of | 7 | | this
subsection (a-10).
| 8 | | (a-15) If an applicant applying for a Firearm Owner's | 9 | | Identification Card moves from the residence address named in | 10 | | the application, he or she shall immediately notify in a form | 11 | | and manner prescribed by the Department of State Police of that | 12 | | change of address. | 13 | | (a-20) Each applicant for a Firearm Owner's Identification | 14 | | Card shall furnish to the Department of State Police his or her | 15 | | photograph. An applicant who is 21 years of age or older | 16 | | seeking a religious exemption to the photograph requirement | 17 | | must furnish with the application an approved copy of United | 18 | | States Department of the Treasury Internal Revenue Service Form | 19 | | 4029. In lieu of a photograph, an applicant regardless of age | 20 | | seeking a religious exemption to the photograph requirement | 21 | | shall submit fingerprints on a form and manner prescribed by | 22 | | the Department with his or her application. | 23 | | (a-25) Each applicant for a Firearm Owner's Identification | 24 | | Card shall disclose to the Department of State Police the name | 25 | | of any person with whom he or she resides or shares a | 26 | | residential abode that the applicant knows or reasonably should |
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| 1 | | know: | 2 | | (1) has been a patient in a mental institution within
| 3 | | the past 5 years; | 4 | | (2) has been adjudicated as a mental defective; | 5 | | (3) is a convicted felon; | 6 | | (4) has been convicted of domestic battery, aggravated | 7 | | domestic battery, or a
substantially similar offense; or | 8 | | (5) is prohibited under this Act from obtaining a | 9 | | Firearm Owner's Identification Card or is otherwise | 10 | | prohibited from possessing a firearm. | 11 | | (b) Each application form shall include the following | 12 | | statement printed in
bold type: "Warning: Entering false | 13 | | information on an application for a Firearm
Owner's | 14 | | Identification Card is punishable as a Class 2 felony in | 15 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 16 | | Owners Identification Card
Act.".
| 17 | | (c) Upon such written consent, pursuant to Section 4, | 18 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 19 | | consent shall be liable for any
damages resulting from the | 20 | | applicant's use of firearms or firearm ammunition.
| 21 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 22 | | eff. 7-13-12; 97-1131, eff. 1-1-13.)".
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