Rep. Martin J. Moylan

Filed: 2/23/2017





10000HB0745ham001LRB100 04773 SLF 19458 a


2    AMENDMENT NO. ______. Amend House Bill 745 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 4 as follows:
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. (a) Each applicant for a Firearm Owner's
8Identification Card must:
9        (1) Make application on blank forms prepared and
10    furnished at convenient locations throughout the State by
11    the Department of State Police, or by electronic means, if
12    and when made available by the Department of State Police;
13    and
14        (2) Submit evidence to the Department of State Police
15    that:
16            (i) He or she is 21 years of age or over, or if he



10000HB0745ham001- 2 -LRB100 04773 SLF 19458 a

1        or she is under 21 years of age that he or she has the
2        written consent of his or her parent or legal guardian
3        to possess and acquire firearms and firearm ammunition
4        and that he or she has never been convicted of a
5        misdemeanor other than a traffic offense or adjudged
6        delinquent, provided, however, that such parent or
7        legal guardian is not an individual prohibited from
8        having a Firearm Owner's Identification Card and files
9        an affidavit with the Department as prescribed by the
10        Department stating that he or she is not an individual
11        prohibited from having a Card;
12            (ii) He or she has not been convicted of a felony
13        under the laws of this or any other jurisdiction;
14            (iii) He or she is not addicted to narcotics;
15            (iv) He or she has not been a patient in a mental
16        health facility within the past 5 years or, if he or
17        she has been a patient in a mental health facility more
18        than 5 years ago submit the certification required
19        under subsection (u) of Section 8 of this Act;
20            (v) He or she is not a person with an intellectual
21        disability;
22            (vi) He or she is not an alien who is unlawfully
23        present in the United States under the laws of the
24        United States;
25            (vii) He or she is not subject to an existing order
26        of protection prohibiting him or her from possessing a



10000HB0745ham001- 3 -LRB100 04773 SLF 19458 a

1        firearm;
2            (viii) He or she has not been convicted within the
3        past 5 years of battery, assault, aggravated assault,
4        violation of an order of protection, or a substantially
5        similar offense in another jurisdiction, in which a
6        firearm was used or possessed;
7            (ix) He or she has not been convicted of domestic
8        battery, aggravated domestic battery, or a
9        substantially similar offense in another jurisdiction
10        committed before, on or after January 1, 2012 (the
11        effective date of Public Act 97-158). If the applicant
12        knowingly and intelligently waives the right to have an
13        offense described in this clause (ix) tried by a jury,
14        and by guilty plea or otherwise, results in a
15        conviction for an offense in which a domestic
16        relationship is not a required element of the offense
17        but in which a determination of the applicability of 18
18        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
19        Code of Criminal Procedure of 1963, an entry by the
20        court of a judgment of conviction for that offense
21        shall be grounds for denying the issuance of a Firearm
22        Owner's Identification Card under this Section;
23            (x) (Blank);
24            (xi) He or she is not an alien who has been
25        admitted to the United States under a non-immigrant
26        visa (as that term is defined in Section 101(a)(26) of



10000HB0745ham001- 4 -LRB100 04773 SLF 19458 a

1        the Immigration and Nationality Act (8 U.S.C.
2        1101(a)(26))), or that he or she is an alien who has
3        been lawfully admitted to the United States under a
4        non-immigrant visa if that alien is:
5                (1) admitted to the United States for lawful
6            hunting or sporting purposes;
7                (2) an official representative of a foreign
8            government who is:
9                    (A) accredited to the United States
10                Government or the Government's mission to an
11                international organization having its
12                headquarters in the United States; or
13                    (B) en route to or from another country to
14                which that alien is accredited;
15                (3) an official of a foreign government or
16            distinguished foreign visitor who has been so
17            designated by the Department of State;
18                (4) a foreign law enforcement officer of a
19            friendly foreign government entering the United
20            States on official business; or
21                (5) one who has received a waiver from the
22            Attorney General of the United States pursuant to
23            18 U.S.C. 922(y)(3);
24            (xii) He or she is not a minor subject to a
25        petition filed under Section 5-520 of the Juvenile
26        Court Act of 1987 alleging that the minor is a



10000HB0745ham001- 5 -LRB100 04773 SLF 19458 a

1        delinquent minor for the commission of an offense that
2        if committed by an adult would be a felony;
3            (xiii) He or she is not an adult who had been
4        adjudicated a delinquent minor under the Juvenile
5        Court Act of 1987 for the commission of an offense that
6        if committed by an adult would be a felony;
7            (xiv) He or she is a resident of the State of
8        Illinois;
9            (xv) He or she has not been adjudicated as a person
10        with a mental disability;
11            (xvi) He or she has not been involuntarily admitted
12        into a mental health facility; and
13            (xvii) He or she is not a person with a
14        developmental disability; and
15        (3) Upon request by the Department of State Police,
16    sign a release on a form prescribed by the Department of
17    State Police waiving any right to confidentiality and
18    requesting the disclosure to the Department of State Police
19    of limited mental health institution admission information
20    from another state, the District of Columbia, any other
21    territory of the United States, or a foreign nation
22    concerning the applicant for the sole purpose of
23    determining whether the applicant is or was a patient in a
24    mental health institution and disqualified because of that
25    status from receiving a Firearm Owner's Identification
26    Card. No mental health care or treatment records may be



10000HB0745ham001- 6 -LRB100 04773 SLF 19458 a

1    requested. The information received shall be destroyed
2    within one year of receipt.
3    (a-5) Each applicant for a Firearm Owner's Identification
4Card who is over the age of 18 shall furnish to the Department
5of State Police either his or her Illinois driver's license
6number or Illinois Identification Card number, except as
7provided in subsection (a-10).
8    (a-10) Each applicant for a Firearm Owner's Identification
9Card, who is employed as a law enforcement officer, an armed
10security officer in Illinois, or by the United States Military
11permanently assigned in Illinois and who is not an Illinois
12resident, shall furnish to the Department of State Police his
13or her driver's license number or state identification card
14number from his or her state of residence. The Department of
15State Police may adopt rules to enforce the provisions of this
16subsection (a-10).
17    (a-15) If an applicant applying for a Firearm Owner's
18Identification Card moves from the residence address named in
19the application, he or she shall immediately notify in a form
20and manner prescribed by the Department of State Police of that
21change of address.
22    (a-20) Each applicant for a Firearm Owner's Identification
23Card shall furnish to the Department of State Police his or her
24photograph. An applicant who is 21 years of age or older
25seeking a religious exemption to the photograph requirement
26must furnish with the application an approved copy of United



10000HB0745ham001- 7 -LRB100 04773 SLF 19458 a

1States Department of the Treasury Internal Revenue Service Form
24029. In lieu of a photograph, an applicant regardless of age
3seeking a religious exemption to the photograph requirement
4shall submit fingerprints on a form and manner prescribed by
5the Department with his or her application.
6    (a-25) Beginning 180 days after the effective date of this
7amendatory Act of the 100th General Assembly, each applicant
8for the issuance or renewal of a Firearm Owner's Identification
9Card shall include a full set of his or her fingerprints in
10electronic format to the Department of State Police for the
11purpose of identity verification, unless the applicant has
12previously provided a full set of his or her fingerprints to
13the Department under this Act or the Firearm Concealed Carry
15            (1) The fingerprints must be transmitted through a
16        live scan fingerprint vendor licensed by the
17        Department of Financial and Professional Regulation or
18        a criminal justice agency authorized by the Department
19        to submit fingerprints under this Act or the Firearm
20        Concealed Carry Act. These fingerprints shall be
21        checked against the fingerprint records now and
22        hereafter filed in the Department and Federal Bureau of
23        Investigation criminal history records databases,
24        including all available state and local criminal
25        history record information files, including records of
26        juvenile adjudications.



10000HB0745ham001- 8 -LRB100 04773 SLF 19458 a

1            (2) The Department shall charge applicants a fee
2        for conducting the criminal history record check,
3        which shall be deposited in the State Police Services
4        Fund and shall not exceed the actual cost of the State
5        and national criminal history record check.
6    (b) Each application form shall include the following
7statement printed in bold type: "Warning: Entering false
8information on an application for a Firearm Owner's
9Identification Card is punishable as a Class 2 felony in
10accordance with subsection (d-5) of Section 14 of the Firearm
11Owners Identification Card Act.".
12    (c) Upon such written consent, pursuant to Section 4,
13paragraph (a)(2)(i), the parent or legal guardian giving the
14consent shall be liable for any damages resulting from the
15applicant's use of firearms or firearm ammunition.
16(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
17    Section 10. The Firearm Concealed Carry Act is amended by
18changing Sections 30 and 50 as follows:
19    (430 ILCS 66/30)
20    Sec. 30. Contents of license application.
21    (a) The license application shall be in writing, under
22penalty of perjury, on a standard form adopted by the
23Department and shall be accompanied by the documentation
24required in this Section and the applicable fee. Each



10000HB0745ham001- 9 -LRB100 04773 SLF 19458 a

1application form shall include the following statement printed
2in bold type: "Warning: Entering false information on this form
3is punishable as perjury under Section 32-2 of the Criminal
4Code of 2012."
5    (b) The application shall contain the following:
6        (1) the applicant's name, current address, date and
7    year of birth, place of birth, height, weight, hair color,
8    eye color, maiden name or any other name the applicant has
9    used or identified with, and any address where the
10    applicant resided for more than 30 days within the 10 years
11    preceding the date of the license application;
12        (2) the applicant's valid driver's license number or
13    valid state identification card number;
14        (3) a waiver of the applicant's privacy and
15    confidentiality rights and privileges under all federal
16    and state laws, including those limiting access to juvenile
17    court, criminal justice, psychological, or psychiatric
18    records or records relating to any institutionalization of
19    the applicant, and an affirmative request that a person
20    having custody of any of these records provide it or
21    information concerning it to the Department. The waiver
22    only applies to records sought in connection with
23    determining whether the applicant qualifies for a license
24    to carry a concealed firearm under this Act, or whether the
25    applicant remains in compliance with the Firearm Owners
26    Identification Card Act;



10000HB0745ham001- 10 -LRB100 04773 SLF 19458 a

1        (4) an affirmation that the applicant possesses a
2    currently valid Firearm Owner's Identification Card and
3    card number if possessed or notice the applicant is
4    applying for a Firearm Owner's Identification Card in
5    conjunction with the license application;
6        (5) an affirmation that the applicant has not been
7    convicted or found guilty of:
8            (A) a felony;
9            (B) a misdemeanor involving the use or threat of
10        physical force or violence to any person within the 5
11        years preceding the date of the application; or
12            (C) 2 or more violations related to driving while
13        under the influence of alcohol, other drug or drugs,
14        intoxicating compound or compounds, or any combination
15        thereof, within the 5 years preceding the date of the
16        license application; and
17        (6) whether the applicant has failed a drug test for a
18    drug for which the applicant did not have a prescription,
19    within the previous year, and if so, the provider of the
20    test, the specific substance involved, and the date of the
21    test;
22        (7) written consent for the Department to review and
23    use the applicant's Illinois digital driver's license or
24    Illinois identification card photograph and signature;
25        (8) a full set of fingerprints submitted to the
26    Department in electronic format for the purpose of



10000HB0745ham001- 11 -LRB100 04773 SLF 19458 a

1    verification of identity in a form and manner prescribed by
2    the Department, unless the applicant has previously
3    provided a full set of his or her fingerprints to the
4    Department under the Firearm Owners Identification Card
5    Act; , provided the Department may accept an application
6    submitted without a set of fingerprints in which case the
7    Department shall be granted 30 days in addition to the 90
8    days provided under subsection (e) of Section 10 of this
9    Act to issue or deny a license;
10        (9) a head and shoulder color photograph in a size
11    specified by the Department taken within the 30 days
12    preceding the date of the license application; and
13        (10) a photocopy of any certificates or other evidence
14    of compliance with the training requirements under this
15    Act.
16(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
17    (430 ILCS 66/50)
18    Sec. 50. License renewal. Applications for renewal of a
19license shall be made to the Department. A license shall be
20renewed for a period of 5 years upon receipt of a completed
21renewal application, completion of 3 hours of training required
22under Section 75 of this Act, payment of the applicable renewal
23fee, and completion of an investigation under Section 35 of
24this Act. The renewal application shall contain the information
25required in Section 30 of this Act, except that the applicant



10000HB0745ham001- 12 -LRB100 04773 SLF 19458 a

1need not resubmit a full set of fingerprints if the applicant
2has previously provided a full set of his or her fingerprints
3to the Department under this Act or the Firearm Owners
4Identification Card Act.
5(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)".