State of Illinois
91st General Assembly
Legislation

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91_SB1363eng

 
SB1363 Engrossed                               LRB9111104WHgc

 1        AN ACT to  re-enact  provisions  of  the  Firearm  Owners
 2    Identification Card Act contained in Article 50 of Public Act
 3    88-680.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section 1. Purpose.
 7        (1)  The General Assembly finds and declares that:
 8             (i)  Public Act 88-680, effective January  1,  1995,
 9        contained   provisions   amending   the   Firearm  Owners
10        Identification Card Act. Public Act 88-680 also contained
11        other provisions.
12             (ii)  In addition, Public Act  88-680  was  entitled
13        "AN  ACT to create a Safe Neighborhoods Law". (A) Article
14        5 was entitled JUVENILE JUSTICE and amended the  Juvenile
15        Court  Act of 1987. (B) Article 15 was entitled GANGS and
16        amended various provisions of the Criminal Code  of  1961
17        and  the Unified Code of Corrections.  (C) Article 20 was
18        entitled ALCOHOL ABUSE and amended various provisions  of
19        the  Illinois  Vehicle  Code. (D) Article 25 was entitled
20        DRUG ABUSE and amended the Cannabis Control Act  and  the
21        Illinois  Controlled  Substances  Act. (E) Article 30 was
22        entitled FIREARMS and amended the Criminal Code  of  1961
23        and  the  Code of Criminal Procedure of 1963. (F) Article
24        35 amended the Criminal Code of 1961, the Rights of Crime
25        Victims and  Witnesses  Act,  and  the  Unified  Code  of
26        Corrections.  (G) Article 40 amended the Criminal Code of
27        1961 to increase the penalty for compelling  organization
28        membership  of persons. (H) Article 45 created the Secure
29        Residential Youth Care Facility Licensing Act and amended
30        the State Finance Act, the Juvenile Court  Act  of  1987,
31        the   Unified   Code  of  Corrections,  and  the  Private
32        Correctional Facility  Moratorium  Act.  (I)  Article  50
 
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 1        amended the WIC Vendor Management Act, the Firearm Owners
 2        Identification  Card Act, the Juvenile Court Act of 1987,
 3        the Criminal Code of 1961, the Wrongs  to  Children  Act,
 4        and the Unified Code of Corrections.
 5             (iii)  On  December  2,  1999,  the Illinois Supreme
 6        Court, in People v. Cervantes, Docket  No.  87229,  ruled
 7        that Public Act 88-680 violates the single subject clause
 8        of  the Illinois Constitution (Article IV, Section 8 (d))
 9        and was unconstitutional in its entirety.
10             (iv)  The provisions of Public Act  88-680  amending
11        the  Firearm  Owners Identification Card Act are of vital
12        concern to the  people  of  this  State  and  legislative
13        action  concerning  those provisions of Public Act 88-680
14        is necessary.
15        (2)  It is the  purpose  of  this  Act  to  re-enact  the
16    provisions  of  Article  50 of Public Act 88-680 amending the
17    Firearm Owners Identification Card Act, including  subsequent
18    amendments.  This  re-enactment  is  intended  to  remove any
19    question as to the validity or  content of those provisions.
20        (3)  This Act  re-enacts  provisions  of  Article  50  of
21    Public  Act 88-680 amending the Firearm Owners Identification
22    Card Act, including  subsequent  amendments,  to  remove  any
23    question  as  to the validity or content of those provisions;
24    it is not intended to supersede any  other  Public  Act  that
25    amends the text of the Sections as set forth in this Act. The
26    material   is   shown   as   existing   text  (i.e.,  without
27    underscoring).

28                             ARTICLE 50

29        Section 50-3.  The Firearm Owners Identification Card Act
30    is amended by re-enacting Sections 2, 4,  6,  8,  and  14  as
31    follows:
 
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 1        (430 ILCS 65/2) (from Ch. 38, par. 83-2)
 2        Sec.  2.   Firearm  Owner's Identification Card required;
 3    exceptions.
 4        (a) (1)  No person may acquire  or  possess  any  firearm
 5    within  this  State without having in his or her possession a
 6    Firearm Owner's Identification Card previously issued in  his
 7    or  her  name  by  the  Department  of State Police under the
 8    provisions of this Act.
 9        (2)  No person may acquire or possess firearm  ammunition
10    within  this  State without having in his or her possession a
11    Firearm Owner's Identification Card previously issued in  his
12    or  her  name  by  the  Department  of State Police under the
13    provisions of this Act.
14        (b)  The  provisions  of  this  Section   regarding   the
15    possession  of  firearms  and firearm ammunition do not apply
16    to:
17             (1)  United States Marshals, while  engaged  in  the
18        operation of their official duties;
19             (2)  Members  of  the  Armed  Forces  of  the United
20        States or  the  National  Guard,  while  engaged  in  the
21        operation of their official duties;
22             (3)  Federal  officials  required to carry firearms,
23        while engaged in the operation of their official duties;
24             (4)  Members of  bona  fide  veterans  organizations
25        which  receive firearms directly from the armed forces of
26        the  United  States,  while  using   the   firearms   for
27        ceremonial purposes with blank ammunition;
28             (5)  Nonresident hunters during hunting season, with
29        valid  nonresident  hunting licenses and while in an area
30        where hunting is permitted; however, at all  other  times
31        and  in  all  other  places these persons must have their
32        firearms unloaded and enclosed in a case;
33             (6)  Those hunters exempt from obtaining  a  hunting
34        license  who are required to submit their Firearm Owner's
 
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 1        Identification Card when hunting on Department of Natural
 2        Resources owned or managed sites;
 3             (7)  Nonresidents while  on  a  firing  or  shooting
 4        range  recognized  by  the  Department  of  State Police;
 5        however, these persons must at all other times and in all
 6        other places have their firearms unloaded and enclosed in
 7        a case;
 8             (8)  Nonresidents while  at  a  firearm  showing  or
 9        display  recognized  by  the  Department of State Police;
10        however, at all other times and in all other places these
11        persons must have their firearms unloaded and enclosed in
12        a case;
13             (9)  Nonresidents whose firearms  are  unloaded  and
14        enclosed in a case;
15             (10)  Nonresidents  who  are  currently  licensed or
16        registered to possess a firearm in their resident state;
17             (11)  Unemancipated minors while in the custody  and
18        immediate  control  of  their parent or legal guardian or
19        other person in loco parentis to the minor if the  parent
20        or legal guardian or other person in loco parentis to the
21        minor    has    a   currently   valid   Firearm   Owner's
22        Identification Card;
23             (12)  Color   guards   of   bona    fide    veterans
24        organizations  or  members  of  bona fide American Legion
25        bands while using firearms for ceremonial  purposes  with
26        blank ammunition;
27             (13)  Nonresident  hunters  whose state of residence
28        does not require them to be  licensed  or  registered  to
29        possess  a  firearm  and only during hunting season, with
30        valid hunting licenses, while accompanied by, and using a
31        firearm owned by, a person who possesses a valid  Firearm
32        Owner's Identification Card and while in an area within a
33        commercial  club  licensed  under the Wildlife Code where
34        hunting is permitted and controlled, but in  no  instance
 
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 1        upon  sites owned or managed by the Department of Natural
 2        Resources; and
 3             (14)  Resident hunters who are  properly  authorized
 4        to  hunt and, while accompanied by a person who possesses
 5        a valid Firearm Owner's Identification Card, hunt  in  an
 6        area within a commercial club licensed under the Wildlife
 7        Code where hunting is permitted and controlled.
 8        (c)  The   provisions   of  this  Section  regarding  the
 9    acquisition and possession of firearms and firearm ammunition
10    do not apply to law enforcement  officials  of  this  or  any
11    other  jurisdiction,  while engaged in the operation of their
12    official duties.
13    (Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)

14        (430 ILCS 65/4) (from Ch. 38, par. 83-4)
15        Sec.  4.  (a)  Each  applicant  for  a  Firearm   Owner's
16    Identification Card must:
17             (1)  Make  application  on  blank forms prepared and
18        furnished at convenient locations throughout the State by
19        the Department of State Police; and
20             (2)  Submit evidence under penalty of perjury to the
21        Department of State Police that:
22                  (i)  He or she is 21 years of age or  over,  or
23             if he or she is under 21 years of age that he or she
24             has  the  written  consent  of  his or her parent or
25             legal guardian to possess and acquire  firearms  and
26             firearm ammunition and that he or she has never been
27             convicted  of  a  misdemeanor  other  than a traffic
28             offense or adjudged delinquent,  provided,  however,
29             that  such  parent  or  legal  guardian  is  not  an
30             individual  prohibited from having a Firearm Owner's
31             Identification Card and files an affidavit with  the
32             Department  as  prescribed by the Department stating
33             that he or she is not an individual prohibited  from
 
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 1             having a Card;
 2                  (ii)  He  or  she  has  not been convicted of a
 3             felony  under  the  laws  of  this  or   any   other
 4             jurisdiction;
 5                  (iii)  He or she is not addicted to narcotics;
 6                  (iv)  He  or  she  has  not been a patient in a
 7             mental institution within the past 5 years;
 8                  (v)  He or she is not mentally retarded;
 9                  (vi)  He  or  she  is  not  an  alien  who   is
10             unlawfully  present  in  the United States under the
11             laws of the United States;
12                  (vii)  He or she is not subject to an  existing
13             order  of  protection  prohibiting  him  or her from
14             possessing a firearm;
15                  (viii) He or she has not been convicted  within
16             the  past  5  years  of battery, assault, aggravated
17             assault, violation of an order of protection,  or  a
18             substantially    similar    offense    in    another
19             jurisdiction,   in  which  a  firearm  was  used  or
20             possessed;
21                  (ix)  He or  she  has  not  been  convicted  of
22             domestic  battery or a substantially similar offense
23             in another jurisdiction committed on  or  after  the
24             effective date of this amendatory Act of 1997; and
25                  (x)  He  or  she  has not been convicted within
26             the  past  5  years  of  domestic   battery   or   a
27             substantially    similar    offense    in    another
28             jurisdiction  committed before the effective date of
29             this amendatory Act of 1997; and
30             (3)  Upon request by the Department of State Police,
31        sign a release on a form prescribed by the Department  of
32        State  Police  waiving  any  right to confidentiality and
33        requesting the disclosure  to  the  Department  of  State
34        Police  of  limited  mental  health institution admission
 
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 1        information from another state, the District of Columbia,
 2        any other territory of the United States,  or  a  foreign
 3        nation  concerning  the applicant for the sole purpose of
 4        determining whether the applicant is or was a patient  in
 5        a  mental  health institution and disqualified because of
 6        that   status   from   receiving   a   Firearm    Owner's
 7        Identification  Card.  No mental health care or treatment
 8        records may be requested.  The information received shall
 9        be destroyed within one year of receipt.
10        (b)  Each application form shall  include  the  following
11    statement  printed  in bold type:  "Warning: False statements
12    of the applicant shall result in prosecution for  perjury  in
13    accordance with Section 32-2 of the Criminal Code of 1961.".
14        (c)  Upon  such  written  consent, pursuant to Section 4,
15    paragraph (a) (2) (i), the parent or  legal  guardian  giving
16    the  consent  shall  be liable for any damages resulting from
17    the applicant's use of firearms or firearm ammunition.
18    (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)

19        (430 ILCS 65/6) (from Ch. 38, par. 83-6)
20        Sec. 6. A Firearm Owner's Identification Card, issued  by
21    the Department of State Police at such places as the Director
22    of   the   Department   shall   specify,  shall  contain  the
23    applicant's name, residence, date  of  birth,  sex,  physical
24    description,   recent  photograph  and  such  other  personal
25    identifying information as may be required by  the  Director.
26    Each  Firearm  Owner's  Identification  Card  must  have  the
27    expiration  date  boldly  and  conspicuously displayed on the
28    face of the card.  Each Firearm Owner's  Identification  Card
29    must  have  printed on it the following: "CAUTION - This card
30    does not permit bearer to UNLAWFULLY carry or use firearms."
31    (Source: P.A. 88-680, eff. 1-1-95.)

32        (430 ILCS 65/8) (from Ch. 38, par. 83-8)
 
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 1        Sec. 8.  The Department of State Police has authority  to
 2    deny  an  application  for  or  to revoke and seize a Firearm
 3    Owner's Identification Card previously issued under this  Act
 4    only if the Department finds that the applicant or the person
 5    to  whom  such  card  was  issued  is  or  was at the time of
 6    issuance:
 7        (a)  A  person  under  21  years  of  age  who  has  been
 8    convicted of a misdemeanor other than a  traffic  offense  or
 9    adjudged delinquent;
10        (b)  A person under 21 years of age who does not have the
11    written  consent  of  his  parent  or guardian to acquire and
12    possess firearms and firearm ammunition, or whose  parent  or
13    guardian  has  revoked  such  written  consent, or where such
14    parent or guardian does not qualify to have a Firearm Owner's
15    Identification Card;
16        (c)  A person convicted of a felony  under  the  laws  of
17    this or any other jurisdiction;
18        (d)  A person addicted to narcotics;
19        (e)  A  person  who  has  been  a  patient  of  a  mental
20    institution within the past 5 years;
21        (f)  A  person whose mental condition is of such a nature
22    that it poses a clear and present danger  to  the  applicant,
23    any other person or persons or the community;
24        For  the  purposes  of  this  Section, "mental condition"
25    means a  state  of  mind  manifested  by  violent,  suicidal,
26    threatening or assaultive behavior.
27        (g)  A person who is mentally retarded;
28        (h)  A  person  who intentionally makes a false statement
29    in the Firearm Owner's Identification Card application;
30        (i)  An alien who is unlawfully  present  in  the  United
31    States under the laws of the United States;
32        (j)  A  person  who  is  subject  to an existing order of
33    protection prohibiting him or her from possessing a firearm;
34        (k)  A person who has been convicted within  the  past  5
 
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 1    years  of  battery, assault, aggravated assault, violation of
 2    an order of protection, or a substantially similar offense in
 3    another  jurisdiction,  in  which  a  firearm  was  used   or
 4    possessed;
 5        (l)  A  person who has been convicted of domestic battery
 6    or a substantially similar offense  in  another  jurisdiction
 7    committed on or after January 1, 1998;
 8        (m)  A  person  who  has been convicted within the past 5
 9    years of domestic battery or a substantially similar  offense
10    in another jurisdiction committed before January 1, 1998; or
11        (n)   A  person  who  is  prohibited  from  acquiring  or
12    possessing  firearms  or  firearm  ammunition by any Illinois
13    State statute or by federal law.
14    (Source: P.A.  89-367,  eff.  1-1-96;  90-130,  eff.  1-1-98;
15    90-493, eff. 1-1-98; 90-655, eff. 7-30-98.)

16        (430 ILCS 65/14) (from Ch. 38, par. 83-14)
17        Sec. 14.  Sentence.
18        (a)  A  violation  of  paragraph (1) of subsection (a) of
19    Section 2, when the person's Firearm  Owner's  Identification
20    Card  is expired but the person is not otherwise disqualified
21    from renewing the card, is a Class A misdemeanor.
22        (b)  Except as provided in subsection (a) with respect to
23    an expired card, a violation of paragraph (1)  of  subsection
24    (a)  of  Section  2  is a Class A misdemeanor when the person
25    does  not  possess  a   currently   valid   Firearm   Owner's
26    Identification  Card,  but  is  otherwise eligible under this
27    Act.  A second or subsequent violation is a Class 4 felony.
28        (c)  A violation of paragraph (1) of  subsection  (a)  of
29    Section 2 is a Class 3 felony when:
30             (1)  the  person's  Firearm  Owner's  Identification
31        Card is revoked or subject to revocation under Section 8;
32        or
33             (2)  the  person's  Firearm  Owner's  Identification
 
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 1        Card  is  expired  and not otherwise eligible for renewal
 2        under this Act; or
 3             (3)  the person does not possess a  currently  valid
 4        Firearm  Owner's  Identification  Card, and the person is
 5        not otherwise eligible under this Act.
 6        (d)  A violation of subsection (a)  of  Section  3  is  a
 7    Class 4 felony.
 8        (e)  Any  other  violation  of  this  Act  is  a  Class A
 9    misdemeanor.
10    (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)

11                             ARTICLE 990

12        Section 990-1.  Severability.  The provisions of this Act
13    are severable under Section 1.31 of the Statute on Statutes.

14                             ARTICLE 999

15        Section 999-1.  Effective date.  This  Act  takes  effect
16    upon becoming law.

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