HB4673 EngrossedLRB097 12811 RLC 57307 b

1    AN ACT concerning firearms.
 
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 4 and 8 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
17        or she is under 21 years of age that he or she has the
18        written consent of his or her parent or legal guardian
19        to possess and acquire firearms and firearm ammunition
20        and that he or she has never been convicted of a
21        misdemeanor other than a traffic offense or adjudged
22        delinquent, provided, however, that such parent or
23        legal guardian is not an individual prohibited from

 

 

HB4673 Engrossed- 2 -LRB097 12811 RLC 57307 b

1        having a Firearm Owner's Identification Card and files
2        an affidavit with the Department as prescribed by the
3        Department stating that he or she is not an individual
4        prohibited from having a Card;
5            (ii) He or she has not been convicted of a felony
6        under the laws of this or any other jurisdiction;
7            (iii) He or she is not addicted to narcotics;
8            (iv) He or she has not been a patient in a mental
9        institution within the past 5 years and he or she has
10        not been adjudicated as a mental defective. This clause
11        (iv) does not apply to an active law enforcement
12        officer employed by a unit of local government, so long
13        as the officer has not been involuntarily admitted as
14        an inpatient in a mental institution or has not been an
15        inpatient in a mental institution for more than 30
16        days;
17            (v) He or she is not intellectually disabled;
18            (vi) He or she is not an alien who is unlawfully
19        present in the United States under the laws of the
20        United States;
21            (vii) He or she is not subject to an existing order
22        of protection prohibiting him or her from possessing a
23        firearm;
24            (viii) He or she has not been convicted within the
25        past 5 years of battery, assault, aggravated assault,
26        violation of an order of protection, or a substantially

 

 

HB4673 Engrossed- 3 -LRB097 12811 RLC 57307 b

1        similar offense in another jurisdiction, in which a
2        firearm was used or possessed;
3            (ix) He or she has not been convicted of domestic
4        battery, aggravated domestic battery, or a
5        substantially similar offense in another jurisdiction
6        committed before, on or after January 1, 2012 (the
7        effective date of Public Act 97-158) this amendatory
8        Act of the 97th General Assembly;
9            (x) (Blank);
10            (xi) He or she is not an alien who has been
11        admitted to the United States under a non-immigrant
12        visa (as that term is defined in Section 101(a)(26) of
13        the Immigration and Nationality Act (8 U.S.C.
14        1101(a)(26))), or that he or she is an alien who has
15        been lawfully admitted to the United States under a
16        non-immigrant visa if that alien is:
17                (1) admitted to the United States for lawful
18            hunting or sporting purposes;
19                (2) an official representative of a foreign
20            government who is:
21                    (A) accredited to the United States
22                Government or the Government's mission to an
23                international organization having its
24                headquarters in the United States; or
25                    (B) en route to or from another country to
26                which that alien is accredited;

 

 

HB4673 Engrossed- 4 -LRB097 12811 RLC 57307 b

1                (3) an official of a foreign government or
2            distinguished foreign visitor who has been so
3            designated by the Department of State;
4                (4) a foreign law enforcement officer of a
5            friendly foreign government entering the United
6            States on official business; or
7                (5) one who has received a waiver from the
8            Attorney General of the United States pursuant to
9            18 U.S.C. 922(y)(3);
10            (xii) He or she is not a minor subject to a
11        petition filed under Section 5-520 of the Juvenile
12        Court Act of 1987 alleging that the minor is a
13        delinquent minor for the commission of an offense that
14        if committed by an adult would be a felony; and
15            (xiii) He or she is not an adult who had been
16        adjudicated a delinquent minor under the Juvenile
17        Court Act of 1987 for the commission of an offense that
18        if committed by an adult would be a felony; and
19        (3) Upon request by the Department of State Police,
20    sign a release on a form prescribed by the Department of
21    State Police waiving any right to confidentiality and
22    requesting the disclosure to the Department of State Police
23    of limited mental health institution admission information
24    from another state, the District of Columbia, any other
25    territory of the United States, or a foreign nation
26    concerning the applicant for the sole purpose of

 

 

HB4673 Engrossed- 5 -LRB097 12811 RLC 57307 b

1    determining whether the applicant is or was a patient in a
2    mental health institution and disqualified because of that
3    status from receiving a Firearm Owner's Identification
4    Card. No mental health care or treatment records may be
5    requested. The information received shall be destroyed
6    within one year of receipt.
7    (a-5) Each applicant for a Firearm Owner's Identification
8Card who is over the age of 18 shall furnish to the Department
9of State Police either his or her driver's license number or
10Illinois Identification Card number.
11    (a-10) Each applicant for a Firearm Owner's Identification
12Card, who is employed as an armed security officer at a nuclear
13energy, storage, weapons, or development facility regulated by
14the Nuclear Regulatory Commission and who is not an Illinois
15resident, shall furnish to the Department of State Police his
16or her driver's license number or state identification card
17number from his or her state of residence. The Department of
18State Police may promulgate rules to enforce the provisions of
19this subsection (a-10).
20    (b) Each application form shall include the following
21statement printed in bold type: "Warning: Entering false
22information on an application for a Firearm Owner's
23Identification Card is punishable as a Class 2 felony in
24accordance with subsection (d-5) of Section 14 of the Firearm
25Owners Identification Card Act.".
26    (c) Upon such written consent, pursuant to Section 4,

 

 

HB4673 Engrossed- 6 -LRB097 12811 RLC 57307 b

1paragraph (a)(2)(i), the parent or legal guardian giving the
2consent shall be liable for any damages resulting from the
3applicant's use of firearms or firearm ammunition.
4(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised
510-4-11.)
 
6    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7    Sec. 8. The Department of State Police has authority to
8deny an application for or to revoke and seize a Firearm
9Owner's Identification Card previously issued under this Act
10only if the Department finds that the applicant or the person
11to whom such card was issued is or was at the time of issuance:
12    (a) A person under 21 years of age who has been convicted
13of a misdemeanor other than a traffic offense or adjudged
14delinquent;
15    (b) A person under 21 years of age who does not have the
16written consent of his parent or guardian to acquire and
17possess firearms and firearm ammunition, or whose parent or
18guardian has revoked such written consent, or where such parent
19or guardian does not qualify to have a Firearm Owner's
20Identification Card;
21    (c) A person convicted of a felony under the laws of this
22or any other jurisdiction;
23    (d) A person addicted to narcotics;
24    (e) A person who has been a patient of a mental institution
25within the past 5 years or has been adjudicated as a mental

 

 

HB4673 Engrossed- 7 -LRB097 12811 RLC 57307 b

1defective. This paragraph (e) does not apply to an active law
2enforcement officer employed by a unit of local government, so
3long as the officer has not been involuntarily admitted as an
4inpatient in a mental institution or has not been an inpatient
5in a mental institution for more than 30 days;
6    (f) A person whose mental condition is of such a nature
7that it poses a clear and present danger to the applicant, any
8other person or persons or the community;
9    For the purposes of this Section, "mental condition" means
10a state of mind manifested by violent, suicidal, threatening or
11assaultive behavior.
12    (g) A person who is intellectually disabled;
13    (h) A person who intentionally makes a false statement in
14the Firearm Owner's Identification Card application;
15    (i) An alien who is unlawfully present in the United States
16under the laws of the United States;
17    (i-5) An alien who has been admitted to the United States
18under a non-immigrant visa (as that term is defined in Section
19101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
201101(a)(26))), except that this subsection (i-5) does not apply
21to any alien who has been lawfully admitted to the United
22States under a non-immigrant visa if that alien is:
23        (1) admitted to the United States for lawful hunting or
24    sporting purposes;
25        (2) an official representative of a foreign government
26    who is:

 

 

HB4673 Engrossed- 8 -LRB097 12811 RLC 57307 b

1            (A) accredited to the United States Government or
2        the Government's mission to an international
3        organization having its headquarters in the United
4        States; or
5            (B) en route to or from another country to which
6        that alien is accredited;
7        (3) an official of a foreign government or
8    distinguished foreign visitor who has been so designated by
9    the Department of State;
10        (4) a foreign law enforcement officer of a friendly
11    foreign government entering the United States on official
12    business; or
13        (5) one who has received a waiver from the Attorney
14    General of the United States pursuant to 18 U.S.C.
15    922(y)(3);
16    (j) (Blank);
17    (k) A person who has been convicted within the past 5 years
18of battery, assault, aggravated assault, violation of an order
19of protection, or a substantially similar offense in another
20jurisdiction, in which a firearm was used or possessed;
21    (l) A person who has been convicted of domestic battery,
22aggravated domestic battery, or a substantially similar
23offense in another jurisdiction committed before, on or after
24January 1, 2012 (the effective date of Public Act 97-158) this
25amendatory Act of the 97th General Assembly;
26    (m) (Blank);

 

 

HB4673 Engrossed- 9 -LRB097 12811 RLC 57307 b

1    (n) A person who is prohibited from acquiring or possessing
2firearms or firearm ammunition by any Illinois State statute or
3by federal law;
4    (o) A minor subject to a petition filed under Section 5-520
5of the Juvenile Court Act of 1987 alleging that the minor is a
6delinquent minor for the commission of an offense that if
7committed by an adult would be a felony; or
8    (p) An adult who had been adjudicated a delinquent minor
9under the Juvenile Court Act of 1987 for the commission of an
10offense that if committed by an adult would be a felony.
11(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
12eff. 1-1-12; revised 10-4-11.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.