State of Illinois
92nd General Assembly

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 1        AN ACT in  relation  to  Firearm  Owner's  Identification
 2    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 Sections 4, 5, and 7 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 appear in person at  a
13        local  law  enforcement  agency,  and before receiving an
14        application, present positive evidence of  identification
15        to  a  law enforcement officer, including but not limited
16        to a valid driver's license or identification card; which
17        application shall be signed by the local law  enforcement
18        agency.    The  application  shall  be  verified  by  the
19        applicant under oath and  shall  be  accompanied  by  the
20        required fee; and
21             (1.1)  The  applicant shall submit to fingerprinting
22        by a local law  enforcement  agency  in  accordance  with
23        rules   adopted   by  the  Department  and  shall  pay  a
24        fingerprint processing fee  in  the  amount  set  by  the
25        Department by rule;
26             (1.2)  The  application  shall  include  a  suitable
27        photograph of a type prescribed by the Department;
28             (1.3)  Confidentiality  of  captured  photographs or
29        images.  The Department  shall  maintain  a  file  on  or
30        contract  to file all photographs and signatures obtained
31        in   the   process   of   issuing   a   Firearm   Owner's
                            -2-                LRB9207955RCmg
 1        Identification  Card.   The  photographs  and  signatures
 2        shall be confidential and shall not be  disclosed  except
 3        to the following persons:
 4                  (i)  the individual upon written request;
 5                  (ii)  officers  and employees of the Department
 6             who have a need to have access to the stored  images
 7             for purposes of issuing and controlling a FOID card;
 8                  (iii)  law  enforcement officials for a lawful,
 9             civil or criminal law enforcement investigation; or
10                  (iv)  other  entities  as  the  Department  may
11             exempt by rule.
12             (2)  Submit evidence under penalty of perjury to the
13        Department of State Police that:
14                  (i)  He or she is 21 years of age or  over,  or
15             if he or she is under 21 years of age that he or she
16             has  the  written  consent  of  his or her parent or
17             legal guardian to possess and acquire  firearms  and
18             firearm ammunition and that he or she has never been
19             convicted  of  a  misdemeanor  other  than a traffic
20             offense or adjudged delinquent,  provided,  however,
21             that  such  parent  or  legal  guardian  is  not  an
22             individual  prohibited from having a Firearm Owner's
23             Identification Card and files an affidavit with  the
24             Department  as  prescribed by the Department stating
25             that he or she is not an individual prohibited  from
26             having a Card;
27                  (ii)  He  or  she  has  not been convicted of a
28             felony  under  the  laws  of  this  or   any   other
29             jurisdiction;
30                  (iii)  He or she is not addicted to narcotics;
31                  (iv)  He  or  she  has  not been a patient in a
32             mental institution within the past 5 years;
33                  (v)  He or she is not mentally retarded;
34                  (vi)  He  or  she  is  not  an  alien  who   is
                            -3-                LRB9207955RCmg
 1             unlawfully  present  in  the United States under the
 2             laws of the United States;
 3                  (vii)  He or she is not subject to an  existing
 4             order  of  protection  prohibiting  him  or her from
 5             possessing a firearm;
 6                  (viii)  He or she has not been convicted within
 7             the past 5 years  of  battery,  assault,  aggravated
 8             assault,  violation  of an order of protection, or a
 9             substantially    similar    offense    in    another
10             jurisdiction,  in  which  a  firearm  was  used   or
11             possessed;
12                  (ix)  He  or  she  has  not  been  convicted of
13             domestic battery or a substantially similar  offense
14             in  another  jurisdiction  committed on or after the
15             effective date of this amendatory Act of 1997; and
16                  (x)  He or she has not  been  convicted  within
17             the   past   5   years  of  domestic  battery  or  a
18             substantially    similar    offense    in    another
19             jurisdiction committed before the effective date  of
20             this amendatory Act of 1997; and
21             (3)  Upon request by the Department of State Police,
22        sign  a release on a form prescribed by the Department of
23        State Police waiving any  right  to  confidentiality  and
24        requesting  the  disclosure  to  the  Department of State
25        Police of limited  mental  health  institution  admission
26        information from another state, the District of Columbia,
27        any  other  territory  of the United States, or a foreign
28        nation concerning the applicant for the sole  purpose  of
29        determining  whether the applicant is or was a patient in
30        a mental health institution and disqualified  because  of
31        that    status   from   receiving   a   Firearm   Owner's
32        Identification Card.  No mental health care or  treatment
33        records may be requested.  The information received shall
34        be destroyed within one year of receipt.
                            -4-                LRB9207955RCmg
 1        (b)  Each  application  form  shall include the following
 2    statement printed in bold type:  "Warning:  False  statements
 3    of  the  applicant shall result in prosecution for perjury in
 4    accordance with Section 32-2 of the Criminal Code of 1961.".
 5        (c)  Upon such written consent, pursuant  to  Section  4,
 6    paragraph  (a)  (2)  (i), the parent or legal guardian giving
 7    the consent shall be liable for any  damages  resulting  from
 8    the applicant's use of firearms or firearm ammunition.
 9        (d)  Each  renewal  application  for  a  Firearm  Owner's
10    Identification  Card  must  include a full description of all
11    firearms currently possessed by the applicant, including  the
12    kind, description, firearm serial number or other information
13    identifying  the  firearm.     For  firearms disclosed during
14    previous renewals, but not currently possessed, the applicant
15    shall provide the name, address, and information  identifying
16    the  person  to  whom the firearm was transferred, gifted, or
17    sold.
18    (Source: P.A.  90-493,  eff.  1-1-98;  91-514,  eff.  1-1-00;
19    91-694, eff. 4-13-00.)

20        (430 ILCS 65/5) (from Ch. 38, par. 83-5)
21        Sec.  5.   The  Department  of  State Police shall either
22    approve or deny all applications within 30 days from the date
23    they  are  received,  and  every  applicant  found  qualified
24    pursuant to Section 8 of this Act by the Department shall  be
25    entitled  to  a  Firearm Owner's Identification Card upon the
26    payment of a $5 fee. $3 of each fee derived from the issuance
27    of Firearm Owner's Identification Cards, or renewals thereof,
28    shall be deposited in the Wildlife and Fish Fund in the State
29    Treasury; $1 of such fee shall be deposited  in  the  General
30    Revenue  Fund  in the State Treasury and $1 of such fee shall
31    be  deposited  in  the  Firearm  Owner's  Notification  Fund.
32    Monies in the Firearm Owner's Notification Fund shall be used
33    exclusively to  pay  for  the  cost  of  sending  notices  of
                            -5-                LRB9207955RCmg
 1    expiration  of  Firearm  Owner's  Identification  Cards under
 2    Section 13.2 of  this  Act  and  for  reimbursing  local  law
 3    enforcement   agencies   for   carrying  out  the  local  law
 4    enforcement agency's duties under  Section  4  of  this  Act.
 5    Excess  monies in the Firearm Owner's Notification Fund shall
 6    be used to ensure the  prompt  and  efficient  processing  of
 7    applications received under Section 4 of this Act.
 8    (Source: P.A. 84-1426.)

 9        (430 ILCS 65/7) (from Ch. 38, par. 83-7)
10        Sec. 7. Duration of Card.
11        (a)  Except  as  provided in subsection (b) and Section 8
12    of this Act, a Firearm  Owner's  Identification  Card  issued
13    under  the  provisions  of  this  Act  shall be valid for the
14    person to whom it is issued for a period of 5 years from  the
15    date of issuance.
16        (b)  Each  Firearm  Owner's Identification Card issued on
17    and after the effective date of this amendatory  Act  of  the
18    92nd General Assembly is valid for a period of 3 years.
19    (Source: Laws 1967, p. 2600.)

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