Public Act 90-0493 of the 90th General Assembly
Public Act 90-0493
HB0127 Enrolled LRB9000940RCks
AN ACT to amend the Firearm Owners Identification Card
Act by changing Sections 4 and 8.
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 and 8 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card shall:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police; and
(2) Submit evidence under penalty of perjury to the
Department of State Police that:
(i) He is 21 years of age or over, or if he is
under 21 years of age that he has the written
consent of his parent or legal guardian to possess
and acquire firearms and firearm ammunition and that
he 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 is not an individual
prohibited from having a Card;
(ii) He has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He is not addicted to narcotics;
(iv) He has not been a patient in a mental
institution within the past 5 years;
(v) He is not mentally retarded;
(vi) He 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; and
(viii) He or she has not been convicted within
the past 5 years of domestic battery, 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; and
(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.
(b) Each application form shall include the following
statement printed in bold type: "Warning: False statements
of the applicant shall result in prosecution for perjury in
accordance with Section 32-2 of the Criminal Code of 1961.".
(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. 88-680, eff. 1-1-95; 89-367, eff. 1-1-96.)
(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;
(j) A person who is subject to an existing order of
protection prohibiting him or her from possessing a firearm;
or
(k) A person who has been convicted within the past 5
years of domestic battery, 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 the effective date of this amendatory
Act of 1997; or
(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 the effective date
of this amendatory Act of 1997.
(Source: P.A. 88-680, eff. 1-1-95; 89-367, eff. 1-1-96.)