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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_SB0048
LRB9100790RCks
1 AN ACT in relation to mental health records of applicants
2 for Firearm Owner's Identification Cards.
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 Section 4 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 shall:
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) Sign a release on a form prescribed by the
26 Department of State Police waiving any right to
27 confidentiality and consenting to the disclosure to the
28 Department of State Police information from another
29 state, the District of Columbia, any other territory of
30 the United States, or a foreign nation concerning the
31 applicant's records of mental health or developmental
32 disabilities services received for the sole purpose of
33 determining whether the applicant is or was a patient in
34 a mental institution and disqualified because of that
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1 status from receiving a firearm owners identification
2 card. For purpose of this clause (3), "mental health or
3 developmental disabilities services" and "record" have
4 the meanings ascribed to them in Section 2 of the Mental
5 Health and Developmental Disabilities Confidentiality
6 Act.
7 (b) Each application form shall include the following
8 statement printed in bold type: "Warning: False statements
9 of the applicant shall result in prosecution for perjury in
10 accordance with Section 32-2 of the Criminal Code of 1961.".
11 (c) Upon such written consent, pursuant to Section 4,
12 paragraph (a) (2) (i), the parent or legal guardian giving
13 the consent shall be liable for any damages resulting from
14 the applicant's use of firearms or firearm ammunition.
15 (Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98)