Public Act 93-0367

HB1536 Enrolled                      LRB093 03358 RLC 10009 b

    AN ACT in relation to firearms.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5. The Firearm Owners Identification Card Act is
amended by changing Sections 4, 8, and 10 as follows:

    (430 ILCS 65/4) (from Ch. 38, par. 83-4)
    Sec.  4.  (a)  Each  applicant  for  a  Firearm   Owner's
Identification Card must:
         (1)  Make  application  on  blank forms prepared and
    furnished at convenient locations throughout the State by
    the Department of State Police, or by  electronic  means,
    if  and  when  made  available by the Department of State
    Police; and
         (2)  Submit evidence  to  the  Department  of  State
    Police that:
              (i)  He  or  she is 21 years of age or over, or
         if he or she is under 21 years of age that he or she
         has the written consent of  his  or  her  parent  or
         legal  guardian  to possess and acquire firearms and
         firearm ammunition and that he or she has never been
         convicted of a  misdemeanor  other  than  a  traffic
         offense  or  adjudged delinquent, provided, however,
         that  such  parent  or  legal  guardian  is  not  an
         individual prohibited from having a Firearm  Owner's
         Identification  Card and files an affidavit with the
         Department as prescribed by the  Department  stating
         that  he or she is not an individual prohibited from
         having a Card;
              (ii)  He or she has not  been  convicted  of  a
         felony   under   the  laws  of  this  or  any  other
         jurisdiction;
              (iii)  He or she is not addicted to narcotics;
              (iv)  He or she has not been  a  patient  in  a
         mental institution within the past 5 years;
              (v)  He or she is not mentally retarded;
              (vi)  He   or  she  is  not  an  alien  who  is
         unlawfully present in the United  States  under  the
         laws of the United States;
              (vii)  He  or she is not subject to an existing
         order of protection  prohibiting  him  or  her  from
         possessing a firearm;
              (viii)  He or she has not been convicted within
         the  past  5  years  of battery, assault, aggravated
         assault, violation of an order of protection,  or  a
         substantially    similar    offense    in    another
         jurisdiction,   in  which  a  firearm  was  used  or
         possessed;
              (ix)  He or  she  has  not  been  convicted  of
         domestic  battery or a substantially similar offense
         in another jurisdiction committed on  or  after  the
         effective date of this amendatory Act of 1997;
              (x)  He  or  she  has not been convicted within
         the  past  5  years  of  domestic   battery   or   a
         substantially    similar    offense    in    another
         jurisdiction  committed before the effective date of
         this amendatory Act of 1997; and
              (xi)  He or she is not an alien  who  has  been
         admitted  to the United States under a non-immigrant
         visa (as that term is defined in Section  101(a)(26)
         of  the  Immigration  and  Nationality Act (8 U.S.C.
         1101(a)(26))), or that he or she is an alien who has
         been lawfully admitted to the United States under  a
         non-immigrant visa if that alien is:
                   (1)  admitted  to  the  United  States for
              lawful hunting or sporting purposes;
                   (2)  an  official  representative   of   a
              foreign government who is:
                        (A)  accredited  to the United States
                   Government or the Government's mission  to
                   an  international  organization having its
                   headquarters in the United States; or
                        (B)  en  route  to  or  from  another
                   country to which that alien is accredited;
                   (3)  an official of a  foreign  government
              or  distinguished  foreign visitor who has been
              so designated by the Department of State;
                   (4)  a foreign law enforcement officer  of
              a  friendly  foreign  government  entering  the
              United States on official business; or
                   (5)  one  who  has  received a waiver from
              the  Attorney  General  of  the  United  States
              pursuant to 18 U.S.C. 922(y)(3); and
              (xii)  He or she is not a minor  subject  to  a
         petition  filed  under Section 5-520 of the Juvenile
         Court Act of 1987  alleging  that  the  minor  is  a
         delinquent  minor  for  the commission of an offense
         that if committed by an adult would be a felony; and
              (xiii)  He or she is not an adult who had  been
         adjudicated  a  delinquent  minor under the Juvenile
         Court Act of 1987 for the commission of  an  offense
         that if committed by an adult would be a felony; and
         (3)  Upon request by the Department of State Police,
    sign  a release on a form prescribed by the Department of
    State Police waiving any  right  to  confidentiality  and
    requesting  the  disclosure  to  the  Department of State
    Police of limited  mental  health  institution  admission
    information from another state, the District of Columbia,
    any  other  territory  of the United States, or a foreign
    nation concerning the applicant for the sole  purpose  of
    determining  whether the applicant is or was a patient in
    a mental health institution and disqualified  because  of
    that    status   from   receiving   a   Firearm   Owner's
    Identification Card.  No mental health care or  treatment
    records may be requested.  The information received shall
    be destroyed within one year of receipt.
    (a-5)  Each    applicant    for    a    Firearm   Owner's
Identification Card who is over the age of 18  shall  furnish
to  the Department of State Police either his or her driver's
license number or Illinois Identification Card number.
    (a-10)  Each   applicant   for    a    Firearm    Owner's
Identification  Card,  who  is  employed as an armed security
officer at a nuclear energy, storage, weapons, or development
facility regulated by the Nuclear Regulatory  Commission  and
who  is  not  an  Illinois  resident,  shall  furnish  to the
Department of State Police his or her driver's license number
or state identification card number from his or her state  of
residence.   The  Department  of  State Police may promulgate
rules to enforce the provisions of this subsection (a-10).
    (b)  Each application form shall  include  the  following
statement  printed  in  bold  type:  "Warning: Entering false
information  on  an  application  for   a   Firearm   Owner's
Identification  Card  is  punishable  as  a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
    (c)  Upon such written consent, pursuant  to  Section  4,
paragraph  (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages  resulting  from  the
applicant's use of firearms or firearm ammunition.
(Source:  P.A.  91-514,  eff.  1-1-00;  91-694, eff. 4-13-00;
92-442, eff. 8-17-01;  92-839,  eff.  8-22-02;  92-854,  eff.
12-5-02; revised 12-30-02.)

    (430 ILCS 65/8) (from Ch. 38, par. 83-8)
    Sec.  8.  The Department of State Police has authority to
deny an application for or to  revoke  and  seize  a  Firearm
Owner's  Identification Card previously issued under this Act
only if the Department finds that the applicant or the person
to whom such card was  issued  is  or  was  at  the  time  of
issuance:
    (a)  A  person  under  21  years  of  age  who  has  been
convicted  of  a  misdemeanor other than a traffic offense or
adjudged delinquent;
    (b)  A person under 21 years of age who does not have the
written consent of his parent  or  guardian  to  acquire  and
possess  firearms  and firearm ammunition, or whose parent or
guardian has revoked such  written  consent,  or  where  such
parent or guardian does not qualify to have a Firearm Owner's
Identification Card;
    (c)  A  person  convicted  of  a felony under the laws of
this or any other jurisdiction;
    (d)  A person addicted to narcotics;
    (e)  A  person  who  has  been  a  patient  of  a  mental
institution within the past 5 years;
    (f)  A person whose mental condition is of such a  nature
that  it  poses  a clear and present danger to the applicant,
any other person or persons or the community;
    For the purposes  of  this  Section,  "mental  condition"
means  a  state  of  mind  manifested  by  violent, suicidal,
threatening or assaultive behavior.
    (g)  A person who is mentally retarded;
    (h)  A person who intentionally makes a  false  statement
in the Firearm Owner's Identification Card application;
    (i)  An  alien  who  is  unlawfully present in the United
States under the laws of the United States;
    (i-5)  An alien who  has  been  admitted  to  the  United
States under a non-immigrant visa (as that term is defined in
Section  101(a)(26) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(26))), except that this subsection (i-5)  does
not  apply to any alien who has been lawfully admitted to the
United States under a non-immigrant visa if that alien is:
         (1)  admitted  to  the  United  States  for   lawful
    hunting or sporting purposes;
         (2)  an   official   representative   of  a  foreign
    government who is:
              (A)  accredited to the United States Government
         or the  Government's  mission  to  an  international
         organization  having  its headquarters in the United
         States; or
              (B)  en route to or  from  another  country  to
         which that alien is accredited;
         (3)  an   official   of   a  foreign  government  or
    distinguished foreign visitor who has been so  designated
    by the Department of State;
         (4)  a foreign law enforcement officer of a friendly
    foreign government entering the United States on official
    business; or
         (5)  one who has received a waiver from the Attorney
    General  of  the  United  States  pursuant  to  18 U.S.C.
    922(y)(3);
    (j)  A person who is subject  to  an  existing  order  of
protection prohibiting him or her from possessing a firearm;
    (k)  A  person  who  has been convicted within the past 5
years of battery, assault, aggravated assault,  violation  of
an order of protection, or a substantially similar offense in
another   jurisdiction,  in  which  a  firearm  was  used  or
possessed;
    (l)  A person who has been convicted of domestic  battery
or  a  substantially  similar offense in another jurisdiction
committed on or after January 1, 1998;
    (m)  A person who has been convicted within  the  past  5
years  of domestic battery or a substantially similar offense
in another jurisdiction committed before January 1, 1998; or
    (n)   A  person  who  is  prohibited  from  acquiring  or
possessing firearms or firearm  ammunition  by  any  Illinois
State statute or by federal law;.
    (o)  A  minor  subject  to a petition filed under Section
5-520 of the Juvenile Court Act of  1987  alleging  that  the
minor  is a delinquent minor for the commission of an offense
that if committed by an adult would be a felony; or
    (p)  An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony.
(Source: P.A. 91-694, eff. 4-13-00; 92-854, eff. 12-5-02.)

    (430 ILCS 65/10) (from Ch. 38, par. 83-10)
    Sec. 10.  (a)  Whenever  an  application  for  a  Firearm
Owner's   Identification   Card   is   denied,  whenever  the
Department fails to act on an application within 30  days  of
its  receipt, or whenever such a Card is revoked or seized as
provided for in Section 8 of this Act,  the  aggrieved  party
may  appeal to the Director of the Department of State Police
for a hearing upon such denial, revocation or seizure, unless
the denial, revocation, or seizure was based upon a  forcible
felony,  stalking, aggravated stalking, domestic battery, any
violation of either the Illinois Controlled Substances Act or
the Cannabis Control Act that is classified as a Class  2  or
greater  felony, or any felony violation of Article 24 of the
Criminal Code of 1961, or any adjudication  as  a  delinquent
minor  for  the commission of an offense that if committed by
an adult would be a felony, in which case the aggrieved party
may petition the circuit court in writing in  the  county  of
his  or  her  residence  for  a  hearing  upon  such  denial,
revocation, or seizure.
    (b)  At  least  30 days before any hearing in the circuit
court,  the  petitioner  shall  serve  the  relevant  State's
Attorney with a copy of the petition.  The  State's  Attorney
may  object  to  the  petition  and present evidence.  At the
hearing the court shall determine whether substantial justice
has been done.  Should the court determine  that  substantial
justice  has  not  been  done, the court shall issue an order
directing the Department of State Police to issue a Card.
    (c)  Any person  prohibited  from  possessing  a  firearm
under  Sections 24-1.1 or 24-3.1 of the Criminal Code of 1961
or acquiring a  Firearm  Owner's  Identification  Card  under
Section  8  of  this  Act  may  apply  to the Director of the
Department of State Police or petition the circuit  court  in
the   county  where  the  petitioner  resides,  whichever  is
applicable in accordance with subsection (a) of this Section,
requesting relief from such prohibition and the  Director  or
court  may  grant  such  relief  if  it is established by the
applicant to the court's or Director's satisfaction that:
         (0.05)  when  in  the  circuit  court,  the  State's
    Attorney has been served  with  a  written  copy  of  the
    petition  at least 30 days before any such hearing in the
    circuit court and at the hearing the State's Attorney was
    afforded an opportunity to present evidence and object to
    the petition;
         (1)  the applicant  has  not  been  convicted  of  a
    forcible felony under the laws of this State or any other
    jurisdiction   within   20   years   of  the  applicant's
    application for a Firearm Owner's Identification Card, or
    at least 20 years have passed since the end of any period
    of imprisonment imposed in relation to that conviction;
         (2)  the   circumstances   regarding   a    criminal
    conviction,  where  applicable,  the applicant's criminal
    history and his reputation are such  that  the  applicant
    will not be likely to act in a manner dangerous to public
    safety; and
         (3)  granting  relief  would  not be contrary to the
    public interest.
    (d)  When  a  minor  is  adjudicated  delinquent  for  an
offense which if committed by an adult would be a felony, the
court shall notify the Department of State Police.
    (e)  The court shall review the denial of an  application
or the revocation of a Firearm Owner's Identification Card of
a  person  who has been adjudicated delinquent for an offense
that if committed by  an  adult  would  be  a  felony  if  an
application for relief has been filed at least 10 years after
the adjudication of delinquency and the court determines that
the  applicant  should  be  granted relief from disability to
obtain a Firearm Owner's Identification Card.  If  the  court
grants relief, the court shall notify the Department of State
Police  that  the  disability  has  been removed and that the
applicant  is  eligible   to   obtain   a   Firearm   Owner's
Identification Card.
(Source: P.A. 92-442, eff. 8-17-01.)

Effective Date: 01/01/04