Illinois General Assembly - Full Text of HB3423
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Full Text of HB3423  102nd General Assembly

HB3423 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3423

 

Introduced 2/22/2021, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/2.5 new
430 ILCS 65/3.1  from Ch. 38, par. 83-3.1
430 ILCS 65/8  from Ch. 38, par. 83-8

    Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall create and maintain a database that a person can voluntarily apply to in order to be barred from purchasing a firearm. Provides that the application shall be notarized and submitted to the Illinois State Police in a form and manner prescribed by the Illinois State Police. Provides that the form shall not require the applicant to provide the Illinois State Police with a reason for the application. Provides that a person shall remain on the database until he or she submits a notarized withdrawal application. Provides that the withdrawal application shall automatically be approved and become effective 7 days after receipt by the Illinois State Police. Provides that the Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance a person who voluntarily registers on the Illinois State Police's voluntary do not sell to database. Provides that under no circumstances shall an application under this provision or any information contained in the application be used: (1) to deny an application for a Firearm Owner's Identification Card or a license to carry a concealed firearm; (2) to confiscate any firearms which the applicant may possess; (3) to require the applicant to relinquish any firearms which the applicant may possess; or (4) for any other purpose other than the administration of this provision.


LRB102 11836 RLC 17171 b

 

 

A BILL FOR

 

HB3423LRB102 11836 RLC 17171 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 3.1 and 8 and by adding Section
62.5 as follows:
 
7    (430 ILCS 65/2.5 new)
8    Sec. 2.5. Voluntary database; purchase of firearms. The
9Illinois State Police shall create and maintain a database
10that a person can voluntarily apply to in order to be barred
11from purchasing a firearm. The application shall be notarized
12and submitted to the Illinois State Police, in a form and
13manner prescribed by the Illinois State Police. However, the
14form shall not require the applicant to provide the Illinois
15State Police with a reason for the application. The Illinois
16State Police shall immediately update the database upon
17receipt of each application. A person shall remain on the
18database until he or she submits a notarized withdrawal
19application to the Illinois State Police in a form and manner
20prescribed by the Illinois State Police. The withdrawal
21application shall automatically be approved and become
22effective 7 days after receipt by the Illinois State Police.
23The Illinois State Police shall immediately update its

 

 

HB3423- 2 -LRB102 11836 RLC 17171 b

1database once an application becomes effective and remove the
2person from the database. Under no circumstances shall an
3application under this Section or any information contained in
4the application be used:
5        (1) to deny an application for a Firearm Owner's
6    Identification Card or a license to carry a concealed
7    firearm;
8        (2) to confiscate any firearms which the applicant may
9    possess;
10        (3) to require the applicant to relinquish any
11    firearms which the applicant may possess; or
12        (4) for any other purpose other than the
13    administration of this Section.
 
14    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
15    Sec. 3.1. Dial up system.
16    (a) The Department of State Police shall provide a dial up
17telephone system or utilize other existing technology which
18shall be used by any federally licensed firearm dealer, gun
19show promoter, or gun show vendor who is to transfer a firearm,
20stun gun, or taser under the provisions of this Act. The
21Department of State Police may utilize existing technology
22which allows the caller to be charged a fee not to exceed $2.
23Fees collected by the Department of State Police shall be
24deposited in the State Police Services Fund and used to
25provide the service.

 

 

HB3423- 3 -LRB102 11836 RLC 17171 b

1    (b) Upon receiving a request from a federally licensed
2firearm dealer, gun show promoter, or gun show vendor, the
3Department of State Police shall immediately approve, or
4within the time period established by Section 24-3 of the
5Criminal Code of 2012 regarding the delivery of firearms, stun
6guns, and tasers notify the inquiring dealer, gun show
7promoter, or gun show vendor of any objection that would
8disqualify the transferee from acquiring or possessing a
9firearm, stun gun, or taser. In conducting the inquiry, the
10Department of State Police shall initiate and complete an
11automated search of its criminal history record information
12files and those of the Federal Bureau of Investigation,
13including the National Instant Criminal Background Check
14System, the Illinois State Police's voluntary do not sell to
15database, and of the files of the Department of Human Services
16relating to mental health and developmental disabilities to
17obtain any felony conviction or patient hospitalization
18information which would disqualify a person from obtaining or
19require revocation of a currently valid Firearm Owner's
20Identification Card.
21    (c) If receipt of a firearm would not violate Section 24-3
22of the Criminal Code of 2012, federal law, or this Act the
23Department of State Police shall:
24        (1) assign a unique identification number to the
25    transfer; and
26        (2) provide the licensee, gun show promoter, or gun

 

 

HB3423- 4 -LRB102 11836 RLC 17171 b

1    show vendor with the number.
2    (d) Approvals issued by the Department of State Police for
3the purchase of a firearm are valid for 30 days from the date
4of issue.
5    (e) (1) The Department of State Police must act as the
6Illinois Point of Contact for the National Instant Criminal
7Background Check System.
8    (2) The Department of State Police and the Department of
9Human Services shall, in accordance with State and federal law
10regarding confidentiality, enter into a memorandum of
11understanding with the Federal Bureau of Investigation for the
12purpose of implementing the National Instant Criminal
13Background Check System in the State. The Department of State
14Police shall report the name, date of birth, and physical
15description of any person prohibited from possessing a firearm
16pursuant to the Firearm Owners Identification Card Act or 18
17U.S.C. 922(g) and (n) to the National Instant Criminal
18Background Check System Index, Denied Persons Files.
19    (3) The Department of State Police shall provide notice of
20the disqualification of a person under subsection (b) of this
21Section or the revocation of a person's Firearm Owner's
22Identification Card under Section 8 or Section 8.2 of this
23Act, and the reason for the disqualification or revocation, to
24all law enforcement agencies with jurisdiction to assist with
25the seizure of the person's Firearm Owner's Identification
26Card.

 

 

HB3423- 5 -LRB102 11836 RLC 17171 b

1    (f) The Department of State Police shall adopt rules not
2inconsistent with this Section to implement this system.
3(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
 
4    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
5    Sec. 8. Grounds for denial and revocation. The Department
6of State 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 Department finds
9that the applicant or the person to whom such card was issued
10is 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) This subsection (b) applies through the 180th day
15    following the effective date of this amendatory Act of the
16    101st General Assembly. A person under 21 years of age who
17    does not have the written consent of his parent or
18    guardian to acquire and possess firearms and firearm
19    ammunition, or whose parent or guardian has revoked such
20    written consent, or where such parent or guardian does not
21    qualify to have a Firearm Owner's Identification Card;
22        (b-5) This subsection (b-5) applies on and after the
23    181st day following the effective date of this amendatory
24    Act of the 101st General Assembly. A person under 21 years
25    of age who is not an active duty member of the United

 

 

HB3423- 6 -LRB102 11836 RLC 17171 b

1    States Armed Forces and does not have the written consent
2    of his or her parent or guardian to acquire and possess
3    firearms and firearm ammunition, or whose parent or
4    guardian has revoked such written consent, or where such
5    parent or guardian does not qualify to have a Firearm
6    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 who is denied,
16    revoked, or has his or her Firearm Owner's Identification
17    Card seized under this subsection (e) may obtain relief as
18    described in subsection (c-5) of Section 10 of this Act if
19    the officer did not act in a manner threatening to the
20    officer, another person, or the public as determined by
21    the treating clinical psychologist or physician, and the
22    officer seeks mental health treatment;
23        (f) A person whose mental condition is of such a
24    nature that it poses a clear and present danger to the
25    applicant, any other person or persons or the community;
26        (g) A person who has an intellectual disability;

 

 

HB3423- 7 -LRB102 11836 RLC 17171 b

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

 

 

HB3423- 8 -LRB102 11836 RLC 17171 b

1            (4) a foreign law enforcement officer of a
2        friendly foreign government entering the United States
3        on official business; or
4            (5) one who has received a waiver from the
5        Attorney General of the United States pursuant to 18
6        U.S.C. 922(y)(3);
7        (j) (Blank);
8        (k) A person who has been convicted within the past 5
9    years of battery, assault, aggravated assault, violation
10    of an order of protection, or a substantially similar
11    offense in another jurisdiction, in which a firearm was
12    used or possessed;
13        (l) A person who has been convicted of domestic
14    battery, aggravated domestic battery, or a substantially
15    similar offense in another jurisdiction committed before,
16    on or after January 1, 2012 (the effective date of Public
17    Act 97-158). If the applicant or person who has been
18    previously issued a Firearm Owner's Identification Card
19    under this Act knowingly and intelligently waives the
20    right to have an offense described in this paragraph (l)
21    tried by a jury, and by guilty plea or otherwise, results
22    in a conviction for an offense in which a domestic
23    relationship is not a required element of the offense but
24    in which a determination of the applicability of 18 U.S.C.
25    922(g)(9) is made under Section 112A-11.1 of the Code of
26    Criminal Procedure of 1963, an entry by the court of a

 

 

HB3423- 9 -LRB102 11836 RLC 17171 b

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

 

 

HB3423- 10 -LRB102 11836 RLC 17171 b

1    Identification Card revoked or denied under subsection (e)
2    of this Section or item (iv) of paragraph (2) of
3    subsection (a) of Section 4 of this Act because he or she
4    was a patient in a mental health facility as provided in
5    subsection (e) of this Section, shall not be permitted to
6    obtain a Firearm Owner's Identification Card, after the
7    5-year period has lapsed, unless he or she has received a
8    mental health evaluation by a physician, clinical
9    psychologist, or qualified examiner as those terms are
10    defined in the Mental Health and Developmental
11    Disabilities Code, and has received a certification that
12    he or she is not a clear and present danger to himself,
13    herself, or others. The physician, clinical psychologist,
14    or qualified examiner making the certification and his or
15    her employer shall not be held criminally, civilly, or
16    professionally liable for making or not making the
17    certification required under this subsection, except for
18    willful or wanton misconduct. This subsection does not
19    apply to a person whose firearm possession rights have
20    been restored through administrative or judicial action
21    under Section 10 or 11 of this Act.
22    Upon revocation of a person's Firearm Owner's
23Identification Card, the Department of State Police shall
24provide notice to the person and the person shall comply with
25Section 9.5 of this Act.
26(Source: P.A. 101-80, eff. 7-12-19.)