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91_HB4591
LRB9109478RCks
1 AN ACT to amend the Firearm Owners Identification Card
2 Act by changing Sections 4, 6, and 13.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Firearm Owners Identification Card Act is
6 amended by changing Sections 4, 6, and 13.1 as follows:
7 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
8 Sec. 4. (a) Each applicant for a Firearm Owner's
9 Identification Card must:
10 (1) Make application on blank forms prepared and
11 furnished at convenient locations throughout the State by
12 the Department of State Police; and
13 (2) Submit evidence under penalty of perjury to the
14 Department of State Police that:
15 (i) He or she is 21 years of age or over, or
16 if he or she is under 21 years of age that he or she
17 has the written consent of his or her parent or
18 legal guardian to possess and acquire firearms and
19 firearm ammunition and that he or she has never been
20 convicted of a misdemeanor other than a traffic
21 offense or adjudged delinquent, provided, however,
22 that such parent or legal guardian is not an
23 individual prohibited from having a Firearm Owner's
24 Identification Card and files an affidavit with the
25 Department as prescribed by the Department stating
26 that he or she is not an individual prohibited from
27 having a Card;
28 (ii) He or she has not been convicted of a
29 felony under the laws of this or any other
30 jurisdiction;
31 (iii) He or she is not addicted to narcotics;
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1 (iv) He or she has not been a patient in a
2 mental institution within the past 5 years;
3 (v) He or she is not mentally retarded;
4 (vi) He or she is not an alien who is
5 unlawfully present in the United States under the
6 laws of the United States;
7 (vii) He or she is not subject to an existing
8 order of protection prohibiting him or her from
9 possessing a firearm;
10 (viii) He or she has not been convicted within
11 the past 5 years of battery, assault, aggravated
12 assault, violation of an order of protection, or a
13 substantially similar offense in another
14 jurisdiction, in which a firearm was used or
15 possessed;
16 (ix) He or she has not been convicted of
17 domestic battery or a substantially similar offense
18 in another jurisdiction committed on or after the
19 effective date of this amendatory Act of 1997; and
20 (x) He or she has not been convicted within
21 the past 5 years of domestic battery or a
22 substantially similar offense in another
23 jurisdiction committed before the effective date of
24 this amendatory Act of 1997; and
25 (3) Upon request by the Department of State Police,
26 sign a release on a form prescribed by the Department of
27 State Police waiving any right to confidentiality and
28 requesting the disclosure to the Department of State
29 Police of limited mental health institution admission
30 information from another state, the District of Columbia,
31 any other territory of the United States, or a foreign
32 nation concerning the applicant for the sole purpose of
33 determining whether the applicant is or was a patient in
34 a mental health institution and disqualified because of
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1 that status from receiving a Firearm Owner's
2 Identification Card. No mental health care or treatment
3 records may be requested. The information received shall
4 be destroyed within one year of receipt.
5 (a-5) Each applicant for a Firearm Owner's
6 Identification Card shall furnish the Department of State
7 Police with either a driver's license or Illinois
8 Identification Card number.
9 (b) Each application form shall include the following
10 statement printed in bold type: "Warning: False statements
11 of the applicant shall result in prosecution for perjury in
12 accordance with Section 32-2 of the Criminal Code of 1961.".
13 (c) Upon such written consent, pursuant to Section 4,
14 paragraph (a) (2) (i), the parent or legal guardian giving
15 the consent shall be liable for any damages resulting from
16 the applicant's use of firearms or firearm ammunition.
17 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)
18 (430 ILCS 65/6) (from Ch. 38, par. 83-6)
19 Sec. 6. Contents of Firearm Owner's Identification Card.
20 (a) A Firearm Owner's Identification Card, issued by the
21 Department of State Police at such places as the Director of
22 the Department shall specify, shall contain the applicant's
23 name, residence, date of birth, sex, physical description,
24 recent photograph and signature such other personal
25 identifying information as may be required by the Director.
26 Each Firearm Owner's Identification Card must have the
27 expiration date boldly and conspicuously displayed on the
28 face of the card. Each Firearm Owner's Identification Card
29 must have printed on it the following: "CAUTION - This card
30 does not permit bearer to UNLAWFULLY carry or use firearms."
31 If available, the Department shall use a person's digital
32 photograph and signature from his or her Illinois driver's
33 license or Illinois Identification Card.
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1 (b) A person applying for a Firearm Owner's
2 Identification Card may consent to the Department of State
3 Police using the applicant's digital driver's license or
4 Illinois Identification Card photograph and signature on the
5 applicant's Firearm Owner's Identification Card. If the
6 applicant consents, the Secretary of State shall allow the
7 Department of State Police access to the photograph and
8 signature for the purpose of identifying the applicant and
9 issuing to the applicant a Firearm Owner's Identification
10 Card.
11 (c) The Secretary of State shall conduct a study to
12 determine the cost and feasibility of creating a method of
13 adding an identifiable code, background, or other means on
14 the driver's license or Illinois Identification Card to show
15 that an individual is not disqualified from owning or
16 possessing a firearm under State or federal law. The
17 Secretary shall report the findings of this study 12 months
18 after the effective date of this amendatory Act of the 91st
19 General Assembly.
20 (Source: P.A. 88-680, eff. 1-1-95.)
21 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
22 Sec. 13.1. Preemption.
23 (a) The provisions of any ordinance enacted by any
24 municipality which requires registration or imposes greater
25 restrictions or limitations on the acquisition, possession
26 and transfer of firearms than are imposed by this Act, are
27 not invalidated or affected by this Act.
28 (b) The conducting of background investigations for the
29 acquisition, possession, and transfer of firearms shall
30 supersede an ordinance of a home rule unit inconsistent with
31 this Act. It is declared to be the public policy of the
32 State that the regulation of conducting background
33 investigations for the acquisition, possession, and transfer
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1 of firearms is an exclusive function of the State. A home
2 rule unit may not regulate the conducting of background
3 investigations for the purpose of acquisition, possession,
4 and transfer of firearms. This Section is a denial and
5 limitation of home rule powers and functions under subsection
6 (h) of Section 6 of Article VII of the Illinois Constitution.
7 (Source: P.A. 76-1939.)