Illinois General Assembly - Full Text of HB0054
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Full Text of HB0054  102nd General Assembly

HB0054 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0054

 

Introduced 1/14/2021, by Rep. Daniel Didech

 

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. Provides that the Department of 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 if the Department finds that the applicant or the person to whom the card was issued is or was at the time of issuance a person who has been convicted within the past 5 years of stalking or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed.


LRB102 02654 RLC 12657 b

 

 

A BILL FOR

 

HB0054LRB102 02654 RLC 12657 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 4 and 8 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. Application for Firearm Owner's Identification
8Cards.
9    (a) Each applicant for a Firearm Owner's Identification
10Card must:
11        (1) Make application on blank forms prepared and
12    furnished at convenient locations throughout the State by
13    the Department of State Police, or by electronic means, if
14    and when made available by the Department of State Police;
15    and
16        (2) Submit evidence to the Department of State Police
17    that:
18            (i) This subparagraph (i) applies through the
19        180th day following the effective date of this
20        amendatory Act of the 101st General Assembly. He or
21        she is 21 years of age or over, or if he or she is
22        under 21 years of age that he or she has the written
23        consent of his or her parent or legal guardian to

 

 

HB0054- 2 -LRB102 02654 RLC 12657 b

1        possess and acquire firearms and firearm ammunition
2        and that he or she has never been convicted of a
3        misdemeanor other than a traffic offense or adjudged
4        delinquent, provided, however, that such parent or
5        legal guardian is not an individual prohibited from
6        having a Firearm Owner's Identification Card and files
7        an affidavit with the Department as prescribed by the
8        Department stating that he or she is not an individual
9        prohibited from having a Card;
10            (i-5) This subparagraph (i-5) applies on and after
11        the 181st day following the effective date of this
12        amendatory Act of the 101st General Assembly. He or
13        she is 21 years of age or over, or if he or she is
14        under 21 years of age that he or she has never been
15        convicted of a misdemeanor other than a traffic
16        offense or adjudged delinquent and is an active duty
17        member of the United States Armed Forces or has the
18        written consent of his or her parent or legal guardian
19        to possess and acquire firearms and firearm
20        ammunition, provided, however, that such parent or
21        legal guardian is not an individual prohibited from
22        having a Firearm Owner's Identification Card and files
23        an affidavit with the Department as prescribed by the
24        Department stating that he or she is not an individual
25        prohibited from having a Card or the active duty
26        member of the United States Armed Forces under 21

 

 

HB0054- 3 -LRB102 02654 RLC 12657 b

1        years of age annually submits proof to the Department
2        of State Police, in a manner prescribed by the
3        Department;
4            (ii) He or she has not been convicted of a felony
5        under the laws of this or any other jurisdiction;
6            (iii) He or she is not addicted to narcotics;
7            (iv) He or she has not been a patient in a mental
8        health facility within the past 5 years or, if he or
9        she has been a patient in a mental health facility more
10        than 5 years ago submit the certification required
11        under subsection (u) of Section 8 of this Act;
12            (v) He or she is not a person with an intellectual
13        disability;
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, stalking, or a
23        substantially similar offense in another jurisdiction,
24        in which a 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
5        an offense described in this clause (ix) tried by a
6        jury, 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
10        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
11        the 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:

 

 

HB0054- 5 -LRB102 02654 RLC 12657 b

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;
25            (xiv) He or she is a resident of the State of
26        Illinois;

 

 

HB0054- 6 -LRB102 02654 RLC 12657 b

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

 

 

HB0054- 7 -LRB102 02654 RLC 12657 b

1Card, who is employed as a law enforcement officer, an armed
2security officer in Illinois, or by the United States Military
3permanently assigned in Illinois and who is not an Illinois
4resident, shall furnish to the Department of State Police his
5or her driver's license number or state identification card
6number from his or her state of residence. The Department of
7State Police may adopt rules to enforce the provisions of this
8subsection (a-10).
9    (a-15) If an applicant applying for a Firearm Owner's
10Identification Card moves from the residence address named in
11the application, he or she shall immediately notify in a form
12and manner prescribed by the Department of State Police of
13that change of address.
14    (a-20) Each applicant for a Firearm Owner's Identification
15Card shall furnish to the Department of State Police his or her
16photograph. An applicant who is 21 years of age or older
17seeking a religious exemption to the photograph requirement
18must furnish with the application an approved copy of United
19States Department of the Treasury Internal Revenue Service
20Form 4029. In lieu of a photograph, an applicant regardless of
21age seeking a religious exemption to the photograph
22requirement shall submit fingerprints on a form and manner
23prescribed by the Department with his or her application.
24    (b) Each application form shall include the following
25statement printed in bold type: "Warning: Entering false
26information on an application for a Firearm Owner's

 

 

HB0054- 8 -LRB102 02654 RLC 12657 b

1Identification Card is punishable as a Class 2 felony in
2accordance with subsection (d-5) of Section 14 of the Firearm
3Owners Identification Card Act.".
4    (c) Upon such written consent, pursuant to Section 4,
5paragraph (a)(2)(i), the parent or legal guardian giving the
6consent shall be liable for any damages resulting from the
7applicant's use of firearms or firearm ammunition.
8(Source: P.A. 101-80, eff. 7-12-19.)
 
9    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
10    Sec. 8. Grounds for denial and revocation. The Department
11of State Police has authority to deny an application for or to
12revoke and seize a Firearm Owner's Identification Card
13previously issued under this Act only if the Department finds
14that the applicant or the person to whom such card was issued
15is or was at the time of issuance:
16        (a) A person under 21 years of age who has been
17    convicted of a misdemeanor other than a traffic offense or
18    adjudged delinquent;
19        (b) This subsection (b) applies through the 180th day
20    following the effective date of this amendatory Act of the
21    101st General Assembly. A person under 21 years of age who
22    does not have the written consent of his parent or
23    guardian to acquire and possess firearms and firearm
24    ammunition, or whose parent or guardian has revoked such
25    written consent, or where such parent or guardian does not

 

 

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1    qualify to have a Firearm Owner's Identification Card;
2        (b-5) This subsection (b-5) applies on and after the
3    181st day following the effective date of this amendatory
4    Act of the 101st General Assembly. A person under 21 years
5    of age who is not an active duty member of the United
6    States Armed Forces and does not have the written consent
7    of his or her parent or guardian to acquire and possess
8    firearms and firearm ammunition, or whose parent or
9    guardian has revoked such written consent, or where such
10    parent or guardian does not qualify to have a Firearm
11    Owner's Identification Card;
12        (c) A person convicted of a felony under the laws of
13    this or any other jurisdiction;
14        (d) A person addicted to narcotics;
15        (e) A person who has been a patient of a mental health
16    facility within the past 5 years or a person who has been a
17    patient in a mental health facility more than 5 years ago
18    who has not received the certification required under
19    subsection (u) of this Section. An active law enforcement
20    officer employed by a unit of government who is denied,
21    revoked, or has his or her Firearm Owner's Identification
22    Card seized under this subsection (e) may obtain relief as
23    described in subsection (c-5) of Section 10 of this Act if
24    the officer did not act in a manner threatening to the
25    officer, another person, or the public as determined by
26    the treating clinical psychologist or physician, and the

 

 

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1    officer seeks mental health treatment;
2        (f) A person whose mental condition is of such a
3    nature that it poses a clear and present danger to the
4    applicant, any other person or persons or the community;
5        (g) A person who has an intellectual disability;
6        (h) A person who intentionally makes a false statement
7    in the Firearm Owner's Identification Card application;
8        (i) An alien who is unlawfully present in the United
9    States under the laws of the United States;
10        (i-5) An alien who has been admitted to the United
11    States under a non-immigrant visa (as that term is defined
12    in Section 101(a)(26) of the Immigration and Nationality
13    Act (8 U.S.C. 1101(a)(26))), except that this subsection
14    (i-5) does not apply to any alien who has been lawfully
15    admitted to the United States under a non-immigrant visa
16    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 Government
22            or 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
26            which 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
3        designated by the Department of State;
4            (4) a foreign law enforcement officer of a
5        friendly foreign government entering the United States
6        on official business; or
7            (5) one who has received a waiver from the
8        Attorney General of the United States pursuant to 18
9        U.S.C. 922(y)(3);
10        (j) (Blank);
11        (k) A person who has been convicted within the past 5
12    years of battery, assault, aggravated assault, violation
13    of an order of protection, stalking, or a substantially
14    similar offense in another jurisdiction, in which a
15    firearm was used or possessed;
16        (l) A person who has been convicted of domestic
17    battery, aggravated domestic battery, or a substantially
18    similar offense in another jurisdiction committed before,
19    on or after January 1, 2012 (the effective date of Public
20    Act 97-158). If the applicant or person who has been
21    previously issued a Firearm Owner's Identification Card
22    under this Act knowingly and intelligently waives the
23    right to have an offense described in this paragraph (l)
24    tried by a jury, and by guilty plea or otherwise, results
25    in a conviction for an offense in which a domestic
26    relationship is not a required element of the offense but

 

 

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1    in which a determination of the applicability of 18 U.S.C.
2    922(g)(9) is made under Section 112A-11.1 of the Code of
3    Criminal Procedure of 1963, an entry by the court of a
4    judgment of conviction for that offense shall be grounds
5    for denying an application for and for revoking and
6    seizing a Firearm Owner's Identification Card previously
7    issued to the person under this Act;
8        (m) (Blank);
9        (n) A person who is prohibited from acquiring or
10    possessing firearms or firearm ammunition by any Illinois
11    State statute or by federal law;
12        (o) A minor subject to a petition filed under Section
13    5-520 of the Juvenile Court Act of 1987 alleging that the
14    minor is a delinquent minor for the commission of an
15    offense that if committed by an adult would be a felony;
16        (p) An adult who had been adjudicated a delinquent
17    minor under the Juvenile Court Act of 1987 for the
18    commission of an offense that if committed by an adult
19    would be a felony;
20        (q) A person who is not a resident of the State of
21    Illinois, except as provided in subsection (a-10) of
22    Section 4;
23        (r) A person who has been adjudicated as a person with
24    a mental disability;
25        (s) A person who has been found to have a
26    developmental disability;

 

 

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

 

 

HB0054- 14 -LRB102 02654 RLC 12657 b

1provide notice to the person and the person shall comply with
2Section 9.5 of this Act.
3(Source: P.A. 101-80, eff. 7-12-19.)