[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0694
SB1363 Enrolled LRB9111104WHgc
AN ACT to re-enact provisions of the Firearm Owners
Identification Card Act contained in Article 50 of Public Act
88-680.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Purpose.
(1) The General Assembly finds and declares that:
(i) Public Act 88-680, effective January 1, 1995,
contained provisions amending the Firearm Owners
Identification Card Act. Public Act 88-680 also contained
other provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A) Article
5 was entitled JUVENILE JUSTICE and amended the Juvenile
Court Act of 1987. (B) Article 15 was entitled GANGS and
amended various provisions of the Criminal Code of 1961
and the Unified Code of Corrections. (C) Article 20 was
entitled ALCOHOL ABUSE and amended various provisions of
the Illinois Vehicle Code. (D) Article 25 was entitled
DRUG ABUSE and amended the Cannabis Control Act and the
Illinois Controlled Substances Act. (E) Article 30 was
entitled FIREARMS and amended the Criminal Code of 1961
and the Code of Criminal Procedure of 1963. (F) Article
35 amended the Criminal Code of 1961, the Rights of Crime
Victims and Witnesses Act, and the Unified Code of
Corrections. (G) Article 40 amended the Criminal Code of
1961 to increase the penalty for compelling organization
membership of persons. (H) Article 45 created the Secure
Residential Youth Care Facility Licensing Act and amended
the State Finance Act, the Juvenile Court Act of 1987,
the Unified Code of Corrections, and the Private
Correctional Facility Moratorium Act. (I) Article 50
amended the WIC Vendor Management Act, the Firearm Owners
Identification Card Act, the Juvenile Court Act of 1987,
the Criminal Code of 1961, the Wrongs to Children Act,
and the Unified Code of Corrections.
(iii) On December 2, 1999, the Illinois Supreme
Court, in People v. Cervantes, Docket No. 87229, ruled
that Public Act 88-680 violates the single subject clause
of the Illinois Constitution (Article IV, Section 8 (d))
and was unconstitutional in its entirety.
(iv) The provisions of Public Act 88-680 amending
the Firearm Owners Identification Card Act are of vital
concern to the people of this State and legislative
action concerning those provisions of Public Act 88-680
is necessary.
(2) It is the purpose of this Act to re-enact the
provisions of Article 50 of Public Act 88-680 amending the
Firearm Owners Identification Card Act, including subsequent
amendments. This re-enactment is intended to remove any
question as to the validity or content of those provisions.
(3) This Act re-enacts provisions of Article 50 of
Public Act 88-680 amending the Firearm Owners Identification
Card Act, including subsequent amendments, to remove any
question as to the validity or content of those provisions;
it is not intended to supersede any other Public Act that
amends the text of the Sections as set forth in this Act. The
material is shown as existing text (i.e., without
underscoring).
ARTICLE 50
Section 50-3. The Firearm Owners Identification Card Act
is amended by re-enacting Sections 2, 4, 6, 8, and 14 as
follows:
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required;
exceptions.
(a) (1) No person may acquire or possess any firearm
within this State without having in his or her possession a
Firearm Owner's Identification Card previously issued in his
or her name by the Department of State Police under the
provisions of this Act.
(2) No person may acquire or possess firearm ammunition
within this State without having in his or her possession a
Firearm Owner's Identification Card previously issued in his
or her name by the Department of State Police under the
provisions of this Act.
(b) The provisions of this Section regarding the
possession of firearms and firearm ammunition do not apply
to:
(1) United States Marshals, while engaged in the
operation of their official duties;
(2) Members of the Armed Forces of the United
States or the National Guard, while engaged in the
operation of their official duties;
(3) Federal officials required to carry firearms,
while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations
which receive firearms directly from the armed forces of
the United States, while using the firearms for
ceremonial purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with
valid nonresident hunting licenses and while in an area
where hunting is permitted; however, at all other times
and in all other places these persons must have their
firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting
license who are required to submit their Firearm Owner's
Identification Card when hunting on Department of Natural
Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting
range recognized by the Department of State Police;
however, these persons must at all other times and in all
other places have their firearms unloaded and enclosed in
a case;
(8) Nonresidents while at a firearm showing or
display recognized by the Department of State Police;
however, at all other times and in all other places these
persons must have their firearms unloaded and enclosed in
a case;
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
(10) Nonresidents who are currently licensed or
registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or
other person in loco parentis to the minor if the parent
or legal guardian or other person in loco parentis to the
minor has a currently valid Firearm Owner's
Identification Card;
(12) Color guards of bona fide veterans
organizations or members of bona fide American Legion
bands while using firearms for ceremonial purposes with
blank ammunition;
(13) Nonresident hunters whose state of residence
does not require them to be licensed or registered to
possess a firearm and only during hunting season, with
valid hunting licenses, while accompanied by, and using a
firearm owned by, a person who possesses a valid Firearm
Owner's Identification Card and while in an area within a
commercial club licensed under the Wildlife Code where
hunting is permitted and controlled, but in no instance
upon sites owned or managed by the Department of Natural
Resources; and
(14) Resident hunters who are properly authorized
to hunt and, while accompanied by a person who possesses
a valid Firearm Owner's Identification Card, hunt in an
area within a commercial club licensed under the Wildlife
Code where hunting is permitted and controlled.
(c) The provisions of this Section regarding the
acquisition and possession of firearms and firearm ammunition
do not apply to law enforcement officials of this or any
other jurisdiction, while engaged in the operation of their
official duties.
(Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)
(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; 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. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)
(430 ILCS 65/6) (from Ch. 38, par. 83-6)
Sec. 6. A Firearm Owner's Identification Card, issued by
the Department of State Police at such places as the Director
of the Department shall specify, shall contain the
applicant's name, residence, date of birth, sex, physical
description, recent photograph and such other personal
identifying information as may be required by the Director.
Each Firearm Owner's Identification Card must have the
expiration date boldly and conspicuously displayed on the
face of the card. Each Firearm Owner's Identification Card
must have printed on it the following: "CAUTION - This card
does not permit bearer to UNLAWFULLY carry or use firearms."
(Source: P.A. 88-680, eff. 1-1-95.)
(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;
(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.
(Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
90-493, eff. 1-1-98; 90-655, eff. 7-30-98.)
(430 ILCS 65/14) (from Ch. 38, par. 83-14)
Sec. 14. Sentence.
(a) A violation of paragraph (1) of subsection (a) of
Section 2, when the person's Firearm Owner's Identification
Card is expired but the person is not otherwise disqualified
from renewing the card, is a Class A misdemeanor.
(b) Except as provided in subsection (a) with respect to
an expired card, a violation of paragraph (1) of subsection
(a) of Section 2 is a Class A misdemeanor when the person
does not possess a currently valid Firearm Owner's
Identification Card, but is otherwise eligible under this
Act. A second or subsequent violation is a Class 4 felony.
(c) A violation of paragraph (1) of subsection (a) of
Section 2 is a Class 3 felony when:
(1) the person's Firearm Owner's Identification
Card is revoked or subject to revocation under Section 8;
or
(2) the person's Firearm Owner's Identification
Card is expired and not otherwise eligible for renewal
under this Act; or
(3) the person does not possess a currently valid
Firearm Owner's Identification Card, and the person is
not otherwise eligible under this Act.
(d) A violation of subsection (a) of Section 3 is a
Class 4 felony.
(e) Any other violation of this Act is a Class A
misdemeanor.
(Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
ARTICLE 990
Section 990-1. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
ARTICLE 999
Section 999-1. Effective date. This Act takes effect
upon becoming law.
[ Top ]