103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2179

 

Introduced 2/7/2023, by Rep. Adam M. Niemerg

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/2  from Ch. 38, par. 83-2
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 65/8  from Ch. 38, par. 83-8

    Amends the Firearm Owners Identification Card Act. Lowers the age at which a person who is not an active duty member of the United States Armed Forces may apply for a Firearm Owner's Identification Card from 21 to 18 and provides that a person who is under 18 years of age may apply for a Firearm Owner's Identification Card without parental consent required if he or she is an active duty member of the United States Armed Forces. Provides that if the applicant is under 18 (rather than 21) years of age that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent and is an active duty member of the United States Armed Forces.


LRB103 25995 RLC 52349 b

 

 

A BILL FOR

 

HB2179LRB103 25995 RLC 52349 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 2, 4, and 8 as follows:
 
6    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
7    Sec. 2. Firearm Owner's Identification Card required;
8exceptions.
9    (a) (1) No person may acquire or possess any firearm, stun
10gun, or taser within this State without having in his or her
11possession a Firearm Owner's Identification Card previously
12issued in his or her name by the Illinois State Police under
13the provisions of this Act.
14    (2) No person may acquire or possess firearm ammunition
15within this State without having in his or her possession a
16Firearm Owner's Identification Card previously issued in his
17or her name by the Illinois State Police under the provisions
18of this Act.
19    (b) The provisions of this Section regarding the
20possession of firearms, firearm ammunition, stun guns, and
21tasers do not apply to:
22        (1) United States Marshals, while engaged in the
23    operation of their official duties;

 

 

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1        (2) Members of the Armed Forces of the United States
2    or the National Guard, while engaged in the operation of
3    their official duties;
4        (3) Federal officials required to carry firearms,
5    while engaged in the operation of their official duties;
6        (4) Members of bona fide veterans organizations which
7    receive firearms directly from the armed forces of the
8    United States, while using the firearms for ceremonial
9    purposes with blank ammunition;
10        (5) Nonresident hunters during hunting season, with
11    valid nonresident hunting licenses and while in an area
12    where hunting is permitted; however, at all other times
13    and in all other places these persons must have their
14    firearms unloaded and enclosed in a case;
15        (6) Those hunters exempt from obtaining a hunting
16    license who are required to submit their Firearm Owner's
17    Identification Card when hunting on Department of Natural
18    Resources owned or managed sites;
19        (7) Nonresidents while on a firing or shooting range
20    recognized by the Illinois State Police; however, these
21    persons must at all other times and in all other places
22    have their firearms unloaded and enclosed in a case;
23        (8) Nonresidents while at a firearm showing or display
24    recognized by the Illinois State Police; however, at all
25    other times and in all other places these persons must
26    have their firearms unloaded and enclosed in a case;

 

 

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1        (9) Nonresidents whose firearms are unloaded and
2    enclosed in a case;
3        (10) Nonresidents who are currently licensed or
4    registered to possess a firearm in their resident state;
5        (11) Unemancipated minors while in the custody and
6    immediate control of their parent or legal guardian or
7    other person in loco parentis to the minor if the parent or
8    legal guardian or other person in loco parentis to the
9    minor has a currently valid Firearm Owner's Identification
10    Card;
11        (12) Color guards of bona fide veterans organizations
12    or members of bona fide American Legion bands while using
13    firearms for ceremonial purposes with blank ammunition;
14        (13) Nonresident hunters whose state of residence does
15    not require them to be licensed or registered to possess a
16    firearm and only during hunting season, with valid hunting
17    licenses, while accompanied by, and using a firearm owned
18    by, a person who possesses a valid Firearm Owner's
19    Identification Card and while in an area within a
20    commercial club licensed under the Wildlife Code where
21    hunting is permitted and controlled, but in no instance
22    upon sites owned or managed by the Department of Natural
23    Resources;
24        (14) Resident hunters who are properly authorized to
25    hunt and, while accompanied by a person who possesses a
26    valid Firearm Owner's Identification Card, hunt in an area

 

 

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1    within a commercial club licensed under the Wildlife Code
2    where hunting is permitted and controlled; and
3        (15) A person who is otherwise eligible to obtain a
4    Firearm Owner's Identification Card under this Act and is
5    under the direct supervision of a holder of a Firearm
6    Owner's Identification Card who is 18 21 years of age or
7    older while the person is on a firing or shooting range or
8    is a participant in a firearms safety and training course
9    recognized by a law enforcement agency or a national,
10    statewide shooting sports organization.
11    (c) The provisions of this Section regarding the
12acquisition and possession of firearms, firearm ammunition,
13stun guns, and tasers do not apply to law enforcement
14officials of this or any other jurisdiction, while engaged in
15the operation of their official duties.
16    (c-5) The provisions of paragraphs (1) and (2) of
17subsection (a) of this Section regarding the possession of
18firearms and firearm ammunition do not apply to the holder of a
19valid concealed carry license issued under the Firearm
20Concealed Carry Act who is in physical possession of the
21concealed carry license.
22    (d) Any person who becomes a resident of this State, who is
23not otherwise prohibited from obtaining, possessing, or using
24a firearm or firearm ammunition, shall not be required to have
25a Firearm Owner's Identification Card to possess firearms or
26firearms ammunition until 60 calendar days after he or she

 

 

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1obtains an Illinois driver's license or Illinois
2Identification Card.
3(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
 
4    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
5    Sec. 4. Application for Firearm Owner's Identification
6Cards.
7    (a) Each applicant for a Firearm Owner's Identification
8Card must:
9        (1) Submit an application as made available by the
10    Illinois State Police; and
11        (2) Submit evidence to the Illinois State Police that:
12            (i) (Blank); This subparagraph (i) applies through
13        the 180th day following July 12, 2019 (the effective
14        date of Public Act 101-80). He or she is 21 years of
15        age or over, or if he or she is under 21 years of age
16        that he or she has the written consent of his or her
17        parent or legal guardian to possess and acquire
18        firearms and firearm ammunition and that he or she has
19        never been convicted of a misdemeanor other than a
20        traffic offense or adjudged delinquent, provided,
21        however, that such parent or legal guardian is not an
22        individual prohibited from having a Firearm Owner's
23        Identification Card and files an affidavit with the
24        Department as prescribed by the Department stating
25        that he or she is not an individual prohibited from

 

 

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1        having a Card;
2            (i-5) This subparagraph (i-5) applies on and after
3        the 181st day following July 12, 2019 (the effective
4        date of Public Act 101-80). He or she is 18 21 years of
5        age or over, or if he or she is under 18 21 years of
6        age that he or she has never been convicted of a
7        misdemeanor other than a traffic offense or adjudged
8        delinquent and is an active duty member of the United
9        States Armed Forces or the Illinois National Guard or
10        has the written consent of his or her parent or legal
11        guardian to possess and acquire firearms and firearm
12        ammunition, provided, however, that such parent or
13        legal guardian is not an individual prohibited from
14        having a Firearm Owner's Identification Card and files
15        an affidavit with the Illinois State Police as
16        prescribed by the Illinois State Police stating that
17        he or she is not an individual prohibited from having a
18        Card or the active duty member of the United States
19        Armed Forces or the Illinois National Guard under 21
20        years of age annually submits proof to the Illinois
21        State Police, in a manner prescribed by the Illinois
22        State Police;
23            (ii) He or she has not been convicted of a felony
24        under the laws of this or any other jurisdiction;
25            (iii) He or she is not addicted to narcotics;
26            (iv) He or she has not been a patient in a mental

 

 

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1        health facility within the past 5 years or, if he or
2        she has been a patient in a mental health facility more
3        than 5 years ago submit the certification required
4        under subsection (u) of Section 8 of this Act;
5            (v) He or she is not a person with an intellectual
6        disability;
7            (vi) He or she is not a noncitizen who is
8        unlawfully present in the United States under the laws
9        of the United States;
10            (vii) He or she is not subject to an existing order
11        of protection prohibiting him or her from possessing a
12        firearm;
13            (viii) He or she has not been convicted within the
14        past 5 years of battery, assault, aggravated assault,
15        violation of an order of protection, or a
16        substantially similar offense in another jurisdiction,
17        in which a firearm was used or possessed;
18            (ix) He or she has not been convicted of domestic
19        battery, aggravated domestic battery, or a
20        substantially similar offense in another jurisdiction
21        committed before, on or after January 1, 2012 (the
22        effective date of Public Act 97-158). If the applicant
23        knowingly and intelligently waives the right to have
24        an offense described in this clause (ix) tried by a
25        jury, and by guilty plea or otherwise, results in a
26        conviction for an offense in which a domestic

 

 

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1        relationship is not a required element of the offense
2        but in which a determination of the applicability of
3        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
4        the Code of Criminal Procedure of 1963, an entry by the
5        court of a judgment of conviction for that offense
6        shall be grounds for denying the issuance of a Firearm
7        Owner's Identification Card under this Section;
8            (x) (Blank);
9            (xi) He or she is not a noncitizen who has been
10        admitted to the United States under a non-immigrant
11        visa (as that term is defined in Section 101(a)(26) of
12        the Immigration and Nationality Act (8 U.S.C.
13        1101(a)(26))), or that he or she is a noncitizen who
14        has been lawfully admitted to the United States under
15        a non-immigrant visa if that noncitizen is:
16                (1) admitted to the United States for lawful
17            hunting or sporting purposes;
18                (2) an official representative of a foreign
19            government who is:
20                    (A) accredited to the United States
21                Government or the Government's mission to an
22                international organization having its
23                headquarters in the United States; or
24                    (B) en route to or from another country to
25                which that noncitizen is accredited;
26                (3) an official of a foreign government or

 

 

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1            distinguished foreign visitor who has been so
2            designated by the Department of State;
3                (4) a foreign law enforcement officer of a
4            friendly foreign government entering the United
5            States on official business; or
6                (5) one who has received a waiver from the
7            Attorney General of the United States pursuant to
8            18 U.S.C. 922(y)(3);
9            (xii) He or she is not a minor subject to a
10        petition filed under Section 5-520 of the Juvenile
11        Court Act of 1987 alleging that the minor is a
12        delinquent minor for the commission of an offense that
13        if committed by an adult would be a felony;
14            (xiii) He or she is not an adult who had been
15        adjudicated a delinquent minor under the Juvenile
16        Court Act of 1987 for the commission of an offense that
17        if committed by an adult would be a felony;
18            (xiv) He or she is a resident of the State of
19        Illinois;
20            (xv) He or she has not been adjudicated as a person
21        with a mental disability;
22            (xvi) He or she has not been involuntarily
23        admitted into a mental health facility; and
24            (xvii) He or she is not a person with a
25        developmental disability; and
26        (3) Upon request by the Illinois State Police, sign a

 

 

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1    release on a form prescribed by the Illinois State Police
2    waiving any right to confidentiality and requesting the
3    disclosure to the Illinois State Police of limited mental
4    health institution admission information from another
5    state, the District of Columbia, any other territory of
6    the United States, or a foreign nation concerning the
7    applicant for the sole purpose of determining whether the
8    applicant is or was a patient in a mental health
9    institution and disqualified because of that status from
10    receiving a Firearm Owner's Identification Card. No mental
11    health care or treatment records may be requested. The
12    information received shall be destroyed within one year of
13    receipt.
14    (a-5) Each applicant for a Firearm Owner's Identification
15Card who is over the age of 18 shall furnish to the Illinois
16State Police either his or her Illinois driver's license
17number or Illinois Identification Card number, except as
18provided in subsection (a-10).
19    (a-10) Each applicant for a Firearm Owner's Identification
20Card, who is employed as a law enforcement officer, an armed
21security officer in Illinois, or by the United States Military
22permanently assigned in Illinois and who is not an Illinois
23resident, shall furnish to the Illinois State Police his or
24her driver's license number or state identification card
25number from his or her state of residence. The Illinois State
26Police may adopt rules to enforce the provisions of this

 

 

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1subsection (a-10).
2    (a-15) If an applicant applying for a Firearm Owner's
3Identification Card moves from the residence address named in
4the application, he or she shall immediately notify in a form
5and manner prescribed by the Illinois State Police of that
6change of address.
7    (a-20) Each applicant for a Firearm Owner's Identification
8Card shall furnish to the Illinois State Police his or her
9photograph. An applicant who is 21 years of age or older
10seeking a religious exemption to the photograph requirement
11must furnish with the application an approved copy of United
12States Department of the Treasury Internal Revenue Service
13Form 4029. In lieu of a photograph, an applicant regardless of
14age seeking a religious exemption to the photograph
15requirement shall submit fingerprints on a form and manner
16prescribed by the Illinois State Police with his or her
17application.
18    (a-25) Beginning January 1, 2023, each applicant for the
19issuance of a Firearm Owner's Identification Card may include
20a full set of his or her fingerprints in electronic format to
21the Illinois State Police, unless the applicant has previously
22provided a full set of his or her fingerprints to the Illinois
23State Police under this Act or the Firearm Concealed Carry
24Act.
25    The fingerprints must be transmitted through a live scan
26fingerprint vendor licensed by the Department of Financial and

 

 

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1Professional Regulation. The fingerprints shall be checked
2against the fingerprint records now and hereafter filed in the
3Illinois State Police and Federal Bureau of Investigation
4criminal history records databases, including all available
5State and local criminal history record information files.
6    The Illinois State Police shall charge applicants a
7one-time fee for conducting the criminal history record check,
8which shall be deposited into the State Police Services Fund
9and shall not exceed the actual cost of the State and national
10criminal history record check.
11    (a-26) The Illinois State Police shall research, explore,
12and report to the General Assembly by January 1, 2022 on the
13feasibility of permitting voluntarily submitted fingerprints
14obtained for purposes other than Firearm Owner's
15Identification Card enforcement that are contained in the
16Illinois State Police database for purposes of this Act.
17    (b) Each application form shall include the following
18statement printed in bold type: "Warning: Entering false
19information on an application for a Firearm Owner's
20Identification Card is punishable as a Class 2 felony in
21accordance with subsection (d-5) of Section 14 of the Firearm
22Owners Identification Card Act.".
23    (c) Upon such written consent, pursuant to Section 4,
24paragraph (a)(2)(i), the parent or legal guardian giving the
25consent shall be liable for any damages resulting from the
26applicant's use of firearms or firearm ammunition.

 

 

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1(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
2102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
35-27-22; 102-1116, eff. 1-10-23.)
 
4    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
5    Sec. 8. Grounds for denial and revocation. The Illinois
6State Police has authority to deny an application for or to
7revoke and seize a Firearm Owner's Identification Card
8previously issued under this Act only if the Illinois State
9Police finds that the applicant or the person to whom such card
10was issued is or was at the time of issuance:
11        (a) A person under 21 years of age who has been
12    convicted of a misdemeanor other than a traffic offense or
13    adjudged delinquent;
14        (b) (Blank); This subsection (b) applies through the
15    180th day following July 12, 2019 (the effective date of
16    Public Act 101-80). A person under 21 years of age who does
17    not have the written consent of his parent or guardian to
18    acquire and possess firearms and firearm ammunition, or
19    whose parent or guardian has revoked such written consent,
20    or where such parent or guardian does not qualify to have a
21    Firearm Owner's Identification Card;
22        (b-5) This subsection (b-5) applies on and after the
23    181st day following July 12, 2019 (the effective date of
24    Public Act 101-80). A person under 18 21 years of age who
25    is not an active duty member of the United States Armed

 

 

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1    Forces or the Illinois National Guard and does not have
2    the written consent of his or her parent or guardian to
3    acquire and possess firearms and firearm ammunition, or
4    whose parent or guardian has revoked such written consent,
5    or where such parent or guardian does not qualify to have a
6    Firearm Owner's Identification Card;
7        (c) A person convicted of a felony under the laws of
8    this or any other jurisdiction;
9        (d) A person addicted to narcotics;
10        (e) A person who has been a patient of a mental health
11    facility within the past 5 years or a person who has been a
12    patient in a mental health facility more than 5 years ago
13    who has not received the certification required under
14    subsection (u) of this Section. An active law enforcement
15    officer employed by a unit of government or a Department
16    of Corrections employee authorized to possess firearms who
17    is denied, revoked, or has his or her Firearm Owner's
18    Identification Card seized under this subsection (e) may
19    obtain relief as described in subsection (c-5) of Section
20    10 of this Act if the officer or employee did not act in a
21    manner threatening to the officer or employee, another
22    person, or the public as determined by the treating
23    clinical psychologist or physician, and the officer or
24    employee seeks mental health treatment;
25        (f) A person whose mental condition is of such a
26    nature that it poses a clear and present danger to the

 

 

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1    applicant, any other person or persons, or the community;
2        (g) A person who has an intellectual disability;
3        (h) A person who intentionally makes a false statement
4    in the Firearm Owner's Identification Card application or
5    endorsement affidavit;
6        (i) A noncitizen who is unlawfully present in the
7    United States under the laws of the United States;
8        (i-5) A noncitizen who has been admitted to the United
9    States under a non-immigrant visa (as that term is defined
10    in Section 101(a)(26) of the Immigration and Nationality
11    Act (8 U.S.C. 1101(a)(26))), except that this subsection
12    (i-5) does not apply to any noncitizen who has been
13    lawfully admitted to the United States under a
14    non-immigrant visa if that noncitizen is:
15            (1) admitted to the United States for lawful
16        hunting or sporting purposes;
17            (2) an official representative of a foreign
18        government who is:
19                (A) accredited to the United States Government
20            or the Government's mission to an international
21            organization having its headquarters in the United
22            States; or
23                (B) en route to or from another country to
24            which that noncitizen is accredited;
25            (3) an official of a foreign government or
26        distinguished foreign visitor who has been so

 

 

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1        designated by the Department of State;
2            (4) a foreign law enforcement officer of a
3        friendly foreign government entering the United States
4        on official business; or
5            (5) one who has received a waiver from the
6        Attorney General of the United States pursuant to 18
7        U.S.C. 922(y)(3);
8        (j) (Blank);
9        (k) A person who has been convicted within the past 5
10    years of battery, assault, aggravated assault, violation
11    of an order of protection, or a substantially similar
12    offense in another jurisdiction, in which a firearm was
13    used or possessed;
14        (l) A person who has been convicted of domestic
15    battery, aggravated domestic battery, or a substantially
16    similar offense in another jurisdiction committed before,
17    on or after January 1, 2012 (the effective date of Public
18    Act 97-158). If the applicant or person who has been
19    previously issued a Firearm Owner's Identification Card
20    under this Act knowingly and intelligently waives the
21    right to have an offense described in this paragraph (l)
22    tried by a jury, and by guilty plea or otherwise, results
23    in a conviction for an offense in which a domestic
24    relationship is not a required element of the offense but
25    in which a determination of the applicability of 18 U.S.C.
26    922(g)(9) is made under Section 112A-11.1 of the Code of

 

 

HB2179- 17 -LRB103 25995 RLC 52349 b

1    Criminal Procedure of 1963, an entry by the court of a
2    judgment of conviction for that offense shall be grounds
3    for denying an application for and for revoking and
4    seizing a Firearm Owner's Identification Card previously
5    issued to the person under this Act;
6        (m) (Blank);
7        (n) A person who is prohibited from acquiring or
8    possessing firearms or firearm ammunition by any Illinois
9    State statute or by federal law;
10        (o) A minor subject to a petition filed under Section
11    5-520 of the Juvenile Court Act of 1987 alleging that the
12    minor is a delinquent minor for the commission of an
13    offense that if committed by an adult would be a felony;
14        (p) An adult who had been adjudicated a delinquent
15    minor under the Juvenile Court Act of 1987 for the
16    commission of an offense that if committed by an adult
17    would be a felony;
18        (q) A person who is not a resident of the State of
19    Illinois, except as provided in subsection (a-10) of
20    Section 4;
21        (r) A person who has been adjudicated as a person with
22    a mental disability;
23        (s) A person who has been found to have a
24    developmental disability;
25        (t) A person involuntarily admitted into a mental
26    health facility; or

 

 

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1        (u) A person who has had his or her Firearm Owner's
2    Identification Card revoked or denied under subsection (e)
3    of this Section or item (iv) of paragraph (2) of
4    subsection (a) of Section 4 of this Act because he or she
5    was a patient in a mental health facility as provided in
6    subsection (e) of this Section, shall not be permitted to
7    obtain a Firearm Owner's Identification Card, after the
8    5-year period has lapsed, unless he or she has received a
9    mental health evaluation by a physician, clinical
10    psychologist, or qualified examiner as those terms are
11    defined in the Mental Health and Developmental
12    Disabilities Code, and has received a certification that
13    he or she is not a clear and present danger to himself,
14    herself, or others. The physician, clinical psychologist,
15    or qualified examiner making the certification and his or
16    her employer shall not be held criminally, civilly, or
17    professionally liable for making or not making the
18    certification required under this subsection, except for
19    willful or wanton misconduct. This subsection does not
20    apply to a person whose firearm possession rights have
21    been restored through administrative or judicial action
22    under Section 10 or 11 of this Act.
23    Upon revocation of a person's Firearm Owner's
24Identification Card, the Illinois State Police shall provide
25notice to the person and the person shall comply with Section
269.5 of this Act.

 

 

HB2179- 19 -LRB103 25995 RLC 52349 b

1(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
2102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
35-27-22; 102-1116, eff. 1-10-23.)