State of Illinois
92nd General Assembly
Legislation

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92_SB1936ham001

 










                                           LRB9214499RCsbam02

 1                    AMENDMENT TO SENATE BILL 1936

 2        AMENDMENT NO.     .  Amend Senate Bill 1936 as follows:

 3    on page 1, line 5, by changing "Section 2" to "Sections 2 and
 4    4"; and

 5    on  page  3,  by  inserting  between  lines  29  and  30  the
 6    following:

 7        "(430 ILCS 65/4) (from Ch. 38, par. 83-4)
 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,
13        if  and  when  made  available by the Department of State
14        Police; and
15             (2)  Submit evidence  to  the  Department  of  State
16        Police that:
17                  (i)  He  or  she is 21 years of age or over, or
18             if he or she is under 21 years of age that he or she
19             has the written consent of  his  or  her  parent  or
20             legal  guardian  to possess and acquire firearms and
21             firearm ammunition and that he or she has never been
22             convicted of a  misdemeanor  other  than  a  traffic
 
                            -2-            LRB9214499RCsbam02
 1             offense  or  adjudged delinquent, provided, however,
 2             that  such  parent  or  legal  guardian  is  not  an
 3             individual prohibited from having a Firearm  Owner's
 4             Identification  Card and files an affidavit with the
 5             Department as prescribed by the  Department  stating
 6             that  he or she is not an individual prohibited from
 7             having a Card;
 8                  (ii)  He or she has not  been  convicted  of  a
 9             felony   under   the  laws  of  this  or  any  other
10             jurisdiction;
11                  (iii)  He or she is not addicted to narcotics;
12                  (iv)  He or she has not been  a  patient  in  a
13             mental institution within the past 5 years;
14                  (v)  He or she is not mentally retarded;
15                  (vi)  He   or  she  is  not  an  alien  who  is
16             unlawfully present in the United  States  under  the
17             laws of the United States;
18                  (vii)  He  or she is not subject to an existing
19             order of protection  prohibiting  him  or  her  from
20             possessing a firearm;
21                  (viii)  He or she has not been convicted within
22             the  past  5  years  of battery, assault, aggravated
23             assault, violation of an order of protection,  or  a
24             substantially    similar    offense    in    another
25             jurisdiction,   in  which  a  firearm  was  used  or
26             possessed;
27                  (ix)  He or  she  has  not  been  convicted  of
28             domestic  battery or a substantially similar offense
29             in another jurisdiction committed on  or  after  the
30             effective date of this amendatory Act of 1997; and
31                  (x)  He  or  she  has not been convicted within
32             the  past  5  years  of  domestic   battery   or   a
33             substantially    similar    offense    in    another
34             jurisdiction  committed before the effective date of
 
                            -3-            LRB9214499RCsbam02
 1             this amendatory Act of 1997; and
 2             (3)  Upon request by the Department of State Police,
 3        sign a release on a form prescribed by the Department  of
 4        State  Police  waiving  any  right to confidentiality and
 5        requesting the disclosure  to  the  Department  of  State
 6        Police  of  limited  mental  health institution admission
 7        information from another state, the District of Columbia,
 8        any other territory of the United States,  or  a  foreign
 9        nation  concerning  the applicant for the sole purpose of
10        determining whether the applicant is or was a patient  in
11        a  mental  health institution and disqualified because of
12        that   status   from   receiving   a   Firearm    Owner's
13        Identification  Card.  No mental health care or treatment
14        records may be requested.  The information received shall
15        be destroyed within one year of receipt.
16        (a-5)  Each   applicant    for    a    Firearm    Owner's
17    Identification  Card  who is over the age of 18 shall furnish
18    to the Department of State Police either his or her  driver's
19    license number or Illinois Identification Card number.
20        (a-10)    Each    applicant   for   a   Firearm   Owner's
21    Identification Card, who is employed  as  an  armed  security
22    officer at a nuclear energy, storage, weapons, or development
23    facility  regulated  by the Nuclear Regulatory Commission and
24    who is  not  an  Illinois  resident,  shall  furnish  to  the
25    Department of State Police his or her driver's license number
26    or  state identification card number from his or her state of
27    residence. The Department  of  State  Police  may  promulgate
28    rules to enforce the provisions of this subsection (a-10).
29        (b)  Each  application  form  shall include the following
30    statement printed in  bold  type:  "Warning:  Entering  false
31    information   on   an   application  for  a  Firearm  Owner's
32    Identification Card is punishable as  a  Class  2  felony  in
33    accordance with subsection (d-5) of Section 14 of the Firearm
34    Owners Identification Card Act.".
 
                            -4-            LRB9214499RCsbam02
 1        (c)  Upon  such  written  consent, pursuant to Section 4,
 2    paragraph (a) (2) (i), the parent or  legal  guardian  giving
 3    the  consent  shall  be liable for any damages resulting from
 4    the applicant's use of firearms or firearm ammunition.
 5    (Source: P.A. 91-514,  eff.  1-1-00;  91-694,  eff.  4-13-00;
 6    92-442, eff. 8-17-01.)".

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