98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1286

 

Introduced 2/5/2013, by Sen. Gary Forby

 

SYNOPSIS AS INTRODUCED:
 
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. Changes, from 21 years of age or over to 18 years of age or over, the age at which a person may apply for and be issued a Firearm Owner's Identification Card without the consent of a parent or legal guardian. Effective immediately.


LRB098 05504 RLC 35539 b

 

 

A BILL FOR

 

SB1286LRB098 05504 RLC 35539 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 18 21 years of age or over, or if
17        he or she is under 18 21 years of age that he or she has
18        the written consent of his or her parent or legal
19        guardian to possess and acquire firearms and firearm
20        ammunition and that, if he or she is under 21 years of
21        age, he or she has never been convicted of a
22        misdemeanor other than a traffic offense or adjudged
23        delinquent, provided, however, that such parent or

 

 

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1        legal guardian of an applicant under 18 years of age is
2        not an individual prohibited from having a Firearm
3        Owner's Identification Card and files an affidavit
4        with the Department as prescribed by the Department
5        stating that he or she is not an individual prohibited
6        from having a Card;
7            (ii) He or she has not been convicted of a felony
8        under the laws of this or any other jurisdiction;
9            (iii) He or she is not addicted to narcotics;
10            (iv) He or she has not been a patient in a mental
11        institution within the past 5 years and he or she has
12        not been adjudicated as a mental defective;
13            (v) He or she is not intellectually disabled;
14            (vi) He or she is not an alien who is unlawfully
15        present in the United States under the laws of the
16        United States;
17            (vii) He or she is not subject to an existing order
18        of protection prohibiting him or her from possessing a
19        firearm;
20            (viii) He or she has not been convicted within the
21        past 5 years of battery, assault, aggravated assault,
22        violation of an order of protection, or a substantially
23        similar offense in another jurisdiction, in which a
24        firearm was used or possessed;
25            (ix) He or she has not been convicted of domestic
26        battery, aggravated domestic battery, or a

 

 

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1        substantially similar offense in another jurisdiction
2        committed before, on or after January 1, 2012 (the
3        effective date of Public Act 97-158). If the applicant
4        knowingly and intelligently waives the right to have an
5        offense described in this clause (ix) tried by a jury,
6        and by guilty plea or otherwise, results in a
7        conviction for an offense in which a domestic
8        relationship is not a required element of the offense
9        but in which a determination of the applicability of 18
10        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
11        Code of Criminal Procedure of 1963, an entry by the
12        court of a judgment of conviction for that offense
13        shall be grounds for denying the issuance of a Firearm
14        Owner's Identification Card under this Section;
15            (x) (Blank);
16            (xi) He or she is not an alien who has been
17        admitted to the United States under a non-immigrant
18        visa (as that term is defined in Section 101(a)(26) of
19        the Immigration and Nationality Act (8 U.S.C.
20        1101(a)(26))), or that he or she is an alien who has
21        been lawfully admitted to the United States under a
22        non-immigrant visa if that alien is:
23                (1) admitted to the United States for lawful
24            hunting or sporting purposes;
25                (2) an official representative of a foreign
26            government who is:

 

 

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1                    (A) accredited to the United States
2                Government or the Government's mission to an
3                international organization having its
4                headquarters in the United States; or
5                    (B) en route to or from another country to
6                which that alien is accredited;
7                (3) an official of a foreign government or
8            distinguished foreign visitor who has been so
9            designated by the Department of State;
10                (4) a foreign law enforcement officer of a
11            friendly foreign government entering the United
12            States on official business; or
13                (5) one who has received a waiver from the
14            Attorney General of the United States pursuant to
15            18 U.S.C. 922(y)(3);
16            (xii) He or she is not a minor subject to a
17        petition filed under Section 5-520 of the Juvenile
18        Court Act of 1987 alleging that the minor is a
19        delinquent minor for the commission of an offense that
20        if committed by an adult would be a felony;
21            (xiii) He or she is not an adult who had been
22        adjudicated a delinquent minor under the Juvenile
23        Court Act of 1987 for the commission of an offense that
24        if committed by an adult would be a felony; and
25            (xiv) He or she is a resident of the State of
26        Illinois; and

 

 

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

 

 

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1State Police may promulgate rules to enforce the provisions of
2this subsection (a-10).
3    (a-15) If an applicant applying for a Firearm Owner's
4Identification Card moves from the residence address named in
5the application, he or she shall immediately notify in a form
6and manner prescribed by the Department of State Police of that
7change of address.
8    (a-20) Each applicant for a Firearm Owner's Identification
9Card shall furnish to the Department of State Police his or her
10photograph. An applicant who is 21 years of age or older
11seeking a religious exemption to the photograph requirement
12must furnish with the application an approved copy of United
13States Department of the Treasury Internal Revenue Service Form
144029. In lieu of a photograph, an applicant regardless of age
15seeking a religious exemption to the photograph requirement
16shall submit fingerprints on a form and manner prescribed by
17the Department with his or her application.
18    (b) Each application form shall include the following
19statement printed in bold type: "Warning: Entering false
20information on an application for a Firearm Owner's
21Identification Card is punishable as a Class 2 felony in
22accordance with subsection (d-5) of Section 14 of the Firearm
23Owners Identification Card Act.".
24    (c) Upon such written consent, pursuant to Section 4,
25paragraph (a)(2)(i), the parent or legal guardian giving the
26consent shall be liable for any damages resulting from the

 

 

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1applicant's use of firearms or firearm ammunition.
2(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
3eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
4    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
5    Sec. 8. The Department of State Police has authority to
6deny an application for or to revoke and seize a Firearm
7Owner's Identification Card previously issued under this Act
8only if the Department finds that the applicant or the person
9to whom such card was issued is or was at the time of issuance:
10    (a) A person under 21 years of age who has been convicted
11of a misdemeanor other than a traffic offense or adjudged
12delinquent;
13    (b) A person under 18 21 years of age who does not have the
14written consent of his parent or guardian to acquire and
15possess firearms and firearm ammunition, or whose parent or
16guardian has revoked such written consent, or where such parent
17or guardian does not qualify to have a Firearm Owner's
18Identification Card;
19    (c) A person convicted of a felony under the laws of this
20or any other jurisdiction;
21    (d) A person addicted to narcotics;
22    (e) A person who has been a patient of a mental institution
23within the past 5 years or has been adjudicated as a mental
24defective;
25    (f) A person whose mental condition is of such a nature

 

 

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1that it poses a clear and present danger to the applicant, any
2other person or persons or the community;
3    For the purposes of this Section, "mental condition" means
4a state of mind manifested by violent, suicidal, threatening or
5assaultive behavior.
6    (g) A person who is intellectually disabled;
7    (h) A person who intentionally makes a false statement in
8the Firearm Owner's Identification Card application;
9    (i) An alien who is unlawfully present in the United States
10under the laws of the United States;
11    (i-5) An alien who has been admitted to the United States
12under a non-immigrant visa (as that term is defined in Section
13101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
141101(a)(26))), except that this subsection (i-5) does not apply
15to any alien who has been lawfully admitted to the United
16States under a non-immigrant visa if that alien is:
17        (1) admitted to the United States for lawful hunting or
18    sporting purposes;
19        (2) an official representative of a foreign government
20    who is:
21            (A) accredited to the United States Government or
22        the Government's mission to an international
23        organization having its headquarters in the United
24        States; or
25            (B) en route to or from another country to which
26        that alien is accredited;

 

 

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1        (3) an official of a foreign government or
2    distinguished foreign visitor who has been so designated by
3    the Department of State;
4        (4) a foreign law enforcement officer of a friendly
5    foreign government entering the United States on official
6    business; or
7        (5) one who has received a waiver from the Attorney
8    General of the United States pursuant to 18 U.S.C.
9    922(y)(3);
10    (j) (Blank);
11    (k) A person who has been convicted within the past 5 years
12of battery, assault, aggravated assault, violation of an order
13of protection, or a substantially similar offense in another
14jurisdiction, in which a firearm was used or possessed;
15    (l) A person who has been convicted of domestic battery,
16aggravated domestic battery, or a substantially similar
17offense in another jurisdiction committed before, on or after
18January 1, 2012 (the effective date of Public Act 97-158). If
19the applicant or person who has been previously issued a
20Firearm Owner's Identification Card under this Act knowingly
21and intelligently waives the right to have an offense described
22in this paragraph (l) tried by a jury, and by guilty plea or
23otherwise, results in a conviction for an offense in which a
24domestic relationship is not a required element of the offense
25but in which a determination of the applicability of 18 U.S.C.
26922(g)(9) is made under Section 112A-11.1 of the Code of

 

 

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1Criminal Procedure of 1963, an entry by the court of a judgment
2of conviction for that offense shall be grounds for denying an
3application for and for revoking and seizing a Firearm Owner's
4Identification Card previously issued to the person under this
5Act;
6    (m) (Blank);
7    (n) A person who is prohibited from acquiring or possessing
8firearms or firearm ammunition by any Illinois State statute or
9by federal law;
10    (o) A minor subject to a petition filed under Section 5-520
11of the Juvenile Court Act of 1987 alleging that the minor is a
12delinquent minor for the commission of an offense that if
13committed by an adult would be a felony;
14    (p) An adult who had been adjudicated a delinquent minor
15under the Juvenile Court Act of 1987 for the commission of an
16offense that if committed by an adult would be a felony; or
17    (q) A person who is not a resident of the State of
18Illinois, except as provided in subsection (a-10) of Section 4.
19(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
20eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.