State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0514

SB48 Enrolled                                  LRB9100790RCks

    AN ACT in relation to mental health records of applicants
for Firearm Owner's Identification Cards.

    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 Section 4 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 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  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; 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; 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.
    (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. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98)

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