Full Text of HB1155 98th General Assembly
HB1155ham041 98TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 3/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1155
| 2 | | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 820. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 4 as follows:
| 6 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 7 | | (Text of Section before amendment by P.A. 97-1167 )
| 8 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 9 | | Identification Card must:
| 10 | | (1) Make application on blank forms prepared and | 11 | | furnished at convenient
locations throughout the State by | 12 | | the Department of State Police, or by
electronic means, if | 13 | | and when made available by the Department of State
Police; | 14 | | and
| 15 | | (2) Submit evidence to the Department of State Police | 16 | | that:
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| 1 | | (i) He or she is 21 years of age or over, or if he | 2 | | or she is under 21
years of age that he or she has the | 3 | | written consent of his or her parent or
legal guardian | 4 | | to possess and acquire firearms and firearm ammunition | 5 | | and that
he or she has never been convicted of a | 6 | | misdemeanor other than a traffic
offense or adjudged
| 7 | | delinquent, provided, however, that such parent or | 8 | | legal guardian is not an
individual prohibited from | 9 | | having a Firearm Owner's Identification Card and
files | 10 | | an affidavit with the Department as prescribed by the | 11 | | Department
stating that he or she is not an individual | 12 | | prohibited from having a Card;
| 13 | | (ii) He or she has not been convicted of a felony | 14 | | under the laws of
this or any other jurisdiction;
| 15 | | (iii) He or she is not addicted to narcotics;
| 16 | | (iv) He or she has not been a patient in a mental | 17 | | institution within
the past 5 years and he or she has | 18 | | not been adjudicated as a mental defective;
| 19 | | (v) He or she is not intellectually disabled;
| 20 | | (vi) He or she is not an alien who is unlawfully | 21 | | present in the
United States under the laws of the | 22 | | United States;
| 23 | | (vii) He or she is not subject to an existing order | 24 | | of protection
prohibiting him or her from possessing a | 25 | | firearm;
| 26 | | (viii) He or she has not been convicted within the |
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| 1 | | past 5 years of
battery, assault, aggravated assault, | 2 | | violation of an order of
protection, or a substantially | 3 | | similar offense in another jurisdiction, in
which a | 4 | | firearm was used or possessed;
| 5 | | (ix) He or she has not been convicted of domestic | 6 | | battery, aggravated domestic battery, or a
| 7 | | substantially similar offense in another
jurisdiction | 8 | | committed before, on or after January 1, 2012 (the | 9 | | effective date of Public Act 97-158). If the applicant | 10 | | knowingly and intelligently waives the right to have an | 11 | | offense described in this clause (ix) tried by a jury, | 12 | | and by guilty plea or otherwise, results in a | 13 | | conviction for an offense in which a domestic | 14 | | relationship is not a required element of the offense | 15 | | but in which a determination of the applicability of 18 | 16 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 17 | | Code of Criminal Procedure of 1963, an entry by the | 18 | | court of a judgment of conviction for that offense | 19 | | shall be grounds for denying the issuance of a Firearm | 20 | | Owner's Identification Card under this Section;
| 21 | | (x) (Blank);
| 22 | | (xi) He or she is not an alien who has been | 23 | | admitted to the United
States under a non-immigrant | 24 | | visa (as that term is defined in Section
101(a)(26) of | 25 | | the Immigration and Nationality Act (8 U.S.C. | 26 | | 1101(a)(26))),
or that he or she is an alien who has |
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| 1 | | been lawfully admitted to the United
States under a | 2 | | non-immigrant visa if that alien is:
| 3 | | (1) admitted to the United States for lawful | 4 | | hunting or sporting
purposes;
| 5 | | (2) an official representative of a foreign | 6 | | government who is:
| 7 | | (A) accredited to the United States | 8 | | Government or the Government's
mission to an | 9 | | international organization having its | 10 | | headquarters in the United
States; or
| 11 | | (B) en route to or from another country to | 12 | | which that alien is
accredited;
| 13 | | (3) an official of a foreign government or | 14 | | distinguished foreign
visitor who has been so | 15 | | designated by the Department of State;
| 16 | | (4) a foreign law enforcement officer of a | 17 | | friendly foreign
government entering the United | 18 | | States on official business; or
| 19 | | (5) one who has received a waiver from the | 20 | | Attorney General of the
United States pursuant to | 21 | | 18 U.S.C. 922(y)(3);
| 22 | | (xii) He or she is not a minor subject to a | 23 | | petition filed
under Section 5-520 of the Juvenile | 24 | | Court Act of 1987 alleging that the
minor is a | 25 | | delinquent minor for the commission of an offense that | 26 | | if
committed by an adult would be a felony;
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| 1 | | (xiii) He or she is not an adult who had been | 2 | | adjudicated a delinquent
minor under the Juvenile | 3 | | Court Act of 1987 for the commission of an offense
that | 4 | | if committed by an adult would be a felony; and
| 5 | | (xiv) He or she is a resident of the State of | 6 | | Illinois; 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 Police
| 11 | | of limited mental health institution admission information | 12 | | from another state,
the District of Columbia, any other | 13 | | territory of the United States, or a
foreign nation | 14 | | 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 | 22 | | Card who is over
the age of 18 shall furnish to the Department | 23 | | of State Police either his or
her Illinois driver's license | 24 | | number or Illinois Identification Card number, except as
| 25 | | provided in subsection (a-10).
| 26 | | (a-10) Each applicant for a Firearm Owner's Identification |
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| 1 | | Card,
who is employed as a law enforcement officer, an armed | 2 | | security officer in Illinois, or by the United States Military
| 3 | | permanently assigned in Illinois and who is not an Illinois | 4 | | resident, shall furnish to
the Department of State Police his | 5 | | or her driver's license number or state
identification card | 6 | | number from his or her state of residence. The Department
of | 7 | | State Police may promulgate rules to enforce the provisions of | 8 | | this
subsection (a-10).
| 9 | | (a-15) If an applicant applying for a Firearm Owner's | 10 | | Identification Card moves from the residence address named in | 11 | | the application, he or she shall immediately notify in a form | 12 | | and manner prescribed by the Department of State Police of that | 13 | | change of address. | 14 | | (a-20) Each applicant for a Firearm Owner's Identification | 15 | | Card shall furnish to the Department of State Police his or her | 16 | | photograph. An applicant who is 21 years of age or older | 17 | | seeking a religious exemption to the photograph requirement | 18 | | must furnish with the application an approved copy of United | 19 | | States Department of the Treasury Internal Revenue Service Form | 20 | | 4029. In lieu of a photograph, an applicant regardless of age | 21 | | seeking a religious exemption to the photograph requirement | 22 | | shall submit fingerprints on a form and manner prescribed by | 23 | | the Department with his or her application. | 24 | | (a-25) Each applicant for a Firearm Owner's Identification | 25 | | Card shall disclose to the Department of State Police the name | 26 | | of any person with whom he or she resides or shares a |
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| 1 | | residential abode that the applicant knows or reasonably should | 2 | | know: | 3 | | (1) has been a patient in a mental institution within
| 4 | | the past 5 years; | 5 | | (2) has been adjudicated as a mental defective; | 6 | | (3) is a convicted felon; | 7 | | (4) has been convicted of domestic battery, aggravated | 8 | | domestic battery, or a
substantially similar offense; or | 9 | | (5) is prohibited under this Act from obtaining a | 10 | | Firearm Owner's Identification Card or is otherwise | 11 | | prohibited from possessing a firearm. | 12 | | (b) Each application form shall include the following | 13 | | statement printed in
bold type: "Warning: Entering false | 14 | | information on an application for a Firearm
Owner's | 15 | | Identification Card is punishable as a Class 2 felony in | 16 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 17 | | Owners Identification Card
Act.".
| 18 | | (c) Upon such written consent, pursuant to Section 4, | 19 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 20 | | consent shall be liable for any
damages resulting from the | 21 | | applicant's use of firearms or firearm ammunition.
| 22 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 23 | | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 24 | | (Text of Section after amendment by P.A. 97-1167 ) | 25 | | Sec. 4. (a) Each applicant for a Firearm Owner's |
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| 1 | | Identification Card must:
| 2 | | (1) Make application on blank forms prepared and | 3 | | furnished at convenient
locations throughout the State by | 4 | | the Department of State Police, or by
electronic means, if | 5 | | and when made available by the Department of State
Police; | 6 | | and
| 7 | | (2) Submit evidence to the Department of State Police | 8 | | that:
| 9 | | (i) He or she is 21 years of age or over, or if he | 10 | | or she is under 21
years of age that he or she has the | 11 | | written consent of his or her parent or
legal guardian | 12 | | to possess and acquire firearms and firearm ammunition | 13 | | and that
he or she has never been convicted of a | 14 | | misdemeanor other than a traffic
offense or adjudged
| 15 | | delinquent, provided, however, that such parent or | 16 | | legal guardian is not an
individual prohibited from | 17 | | having a Firearm Owner's Identification Card and
files | 18 | | an affidavit with the Department as prescribed by the | 19 | | Department
stating that he or she is not an individual | 20 | | prohibited from having a Card;
| 21 | | (ii) He or she has not been convicted of a felony | 22 | | under the laws of
this or any other jurisdiction;
| 23 | | (iii) He or she is not addicted to narcotics;
| 24 | | (iv) He or she has not been a patient in a mental | 25 | | institution within
the past 5 years;
| 26 | | (v) He or she is not intellectually disabled;
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| 1 | | (vi) He or she is not an alien who is unlawfully | 2 | | present in the
United States under the laws of the | 3 | | United States;
| 4 | | (vii) He or she is not subject to an existing order | 5 | | of protection
prohibiting him or her from possessing a | 6 | | firearm;
| 7 | | (viii) He or she has not been convicted within the | 8 | | past 5 years of
battery, assault, aggravated assault, | 9 | | violation of an order of
protection, or a substantially | 10 | | similar offense in another jurisdiction, in
which a | 11 | | firearm was used or possessed;
| 12 | | (ix) He or she has not been convicted of domestic | 13 | | battery, aggravated domestic battery, or a
| 14 | | substantially similar offense in another
jurisdiction | 15 | | committed before, on or after January 1, 2012 (the | 16 | | effective date of Public Act 97-158). If the applicant | 17 | | knowingly and intelligently waives the right to have an | 18 | | offense described in this clause (ix) tried by a jury, | 19 | | and by guilty plea or otherwise, results in a | 20 | | conviction for an offense in which a domestic | 21 | | relationship is not a required element of the offense | 22 | | but in which a determination of the applicability of 18 | 23 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 24 | | Code of Criminal Procedure of 1963, an entry by the | 25 | | court of a judgment of conviction for that offense | 26 | | shall be grounds for denying the issuance of a Firearm |
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| 1 | | Owner's Identification Card under this Section;
| 2 | | (x) (Blank);
| 3 | | (xi) He or she is not an alien who has been | 4 | | admitted to the United
States under a non-immigrant | 5 | | visa (as that term is defined in Section
101(a)(26) of | 6 | | the Immigration and Nationality Act (8 U.S.C. | 7 | | 1101(a)(26))),
or that he or she is an alien who has | 8 | | been lawfully admitted to the United
States under a | 9 | | non-immigrant visa if that alien is:
| 10 | | (1) admitted to the United States for lawful | 11 | | hunting or sporting
purposes;
| 12 | | (2) an official representative of a foreign | 13 | | government who is:
| 14 | | (A) accredited to the United States | 15 | | Government or the Government's
mission to an | 16 | | international organization having its | 17 | | headquarters in the United
States; or
| 18 | | (B) en route to or from another country to | 19 | | which that alien is
accredited;
| 20 | | (3) an official of a foreign government or | 21 | | distinguished foreign
visitor who has been so | 22 | | designated by the Department of State;
| 23 | | (4) a foreign law enforcement officer of a | 24 | | friendly foreign
government entering the United | 25 | | States on official business; or
| 26 | | (5) one who has received a waiver from the |
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| 1 | | Attorney General of the
United States pursuant to | 2 | | 18 U.S.C. 922(y)(3);
| 3 | | (xii) He or she is not a minor subject to a | 4 | | petition filed
under Section 5-520 of the Juvenile | 5 | | Court Act of 1987 alleging that the
minor is a | 6 | | delinquent minor for the commission of an offense that | 7 | | if
committed by an adult would be a felony;
| 8 | | (xiii) He or she is not an adult who had been | 9 | | adjudicated a delinquent
minor under the Juvenile | 10 | | Court Act of 1987 for the commission of an offense
that | 11 | | if committed by an adult would be a felony;
| 12 | | (xiv) He or she is a resident of the State of | 13 | | Illinois; and | 14 | | (xv) He or she has not been adjudicated as a mental | 15 | | defective; and
| 16 | | (3) Upon request by the Department of State Police, | 17 | | sign a release on a
form prescribed by the Department of | 18 | | State Police waiving any right to
confidentiality and | 19 | | requesting the disclosure to the Department of State Police
| 20 | | of limited mental health institution admission information | 21 | | from another state,
the District of Columbia, any other | 22 | | territory of the United States, or a
foreign nation | 23 | | concerning the applicant for the sole purpose of | 24 | | determining
whether the applicant is or was a patient in a | 25 | | mental health institution and
disqualified because of that | 26 | | status from receiving a Firearm Owner's
Identification |
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| 1 | | Card. No mental health care or treatment records may be
| 2 | | requested. The information received shall be destroyed | 3 | | within one year of
receipt.
| 4 | | (a-5) Each applicant for a Firearm Owner's Identification | 5 | | Card who is over
the age of 18 shall furnish to the Department | 6 | | of State Police either his or
her Illinois driver's license | 7 | | number or Illinois Identification Card number, except as
| 8 | | provided in subsection (a-10).
| 9 | | (a-10) Each applicant for a Firearm Owner's Identification | 10 | | Card,
who is employed as a law enforcement officer, an armed | 11 | | security officer in Illinois, or by the United States Military
| 12 | | permanently assigned in Illinois and who is not an Illinois | 13 | | resident, shall furnish to
the Department of State Police his | 14 | | or her driver's license number or state
identification card | 15 | | number from his or her state of residence. The Department
of | 16 | | State Police may promulgate rules to enforce the provisions of | 17 | | this
subsection (a-10).
| 18 | | (a-15) If an applicant applying for a Firearm Owner's | 19 | | Identification Card moves from the residence address named in | 20 | | the application, he or she shall immediately notify in a form | 21 | | and manner prescribed by the Department of State Police of that | 22 | | change of address. | 23 | | (a-20) Each applicant for a Firearm Owner's Identification | 24 | | Card shall furnish to the Department of State Police his or her | 25 | | photograph. An applicant who is 21 years of age or older | 26 | | seeking a religious exemption to the photograph requirement |
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| 1 | | must furnish with the application an approved copy of United | 2 | | States Department of the Treasury Internal Revenue Service Form | 3 | | 4029. In lieu of a photograph, an applicant regardless of age | 4 | | seeking a religious exemption to the photograph requirement | 5 | | shall submit fingerprints on a form and manner prescribed by | 6 | | the Department with his or her application. | 7 | | (a-25) Each applicant for a Firearm Owner's Identification | 8 | | Card shall disclose to the Department of State Police the name | 9 | | of any person with whom he or she resides or shares a | 10 | | residential abode that the applicant knows or reasonably should | 11 | | know: | 12 | | (1) has been a patient in a mental institution within
| 13 | | the past 5 years; | 14 | | (2) has been adjudicated as a mental defective; | 15 | | (3) is a convicted felon; | 16 | | (4) has been convicted of domestic battery, aggravated | 17 | | domestic battery, or a
substantially similar offense; or | 18 | | (5) is prohibited under this Act from obtaining a | 19 | | Firearm Owner's Identification Card or is otherwise | 20 | | prohibited from possessing a firearm. | 21 | | (b) Each application form shall include the following | 22 | | statement printed in
bold type: "Warning: Entering false | 23 | | information on an application for a Firearm
Owner's | 24 | | Identification Card is punishable as a Class 2 felony in | 25 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 26 | | Owners Identification Card
Act.".
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| 1 | | (c) Upon such written consent, pursuant to Section 4, | 2 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 3 | | consent shall be liable for any
damages resulting from the | 4 | | applicant's use of firearms or firearm ammunition.
| 5 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 6 | | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
| 7 | | Section 821. No acceleration or delay. Where this Act makes | 8 | | changes in a statute that is represented in this Act by text | 9 | | that is not yet or no longer in effect (for example, a Section | 10 | | represented by multiple versions), the use of that text does | 11 | | not accelerate or delay the taking effect of (i) the changes | 12 | | made by this Act or (ii) provisions derived from any other | 13 | | Public Act.".
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