State of Illinois
92nd General Assembly
Legislation

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92_SB2436

 
                                              LRB9217890RCpkA

 1        AN ACT in relation to firearms.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Firearm Owners Identification Card Act is
 5    amended by changing Section 6 as follows:

 6        (430 ILCS 65/6) (from Ch. 38, par. 83-6)
 7        Sec. 6.  Contents of Firearm Owner's Identification Card.
 8        (a)  Except  as  otherwise  provided in subsection (d), a
 9    Firearm Owner's Identification Card, issued by the Department
10    of State Police  at  such  places  as  the  Director  of  the
11    Department shall specify, shall contain the applicant's name,
12    residence,  date  of birth, sex, physical description, recent
13    photograph and signature. Each Firearm Owner's Identification
14    Card must have the expiration date boldly  and  conspicuously
15    displayed  on  the  face  of  the card.  Each Firearm Owner's
16    Identification Card must have printed on  it  the  following:
17    "CAUTION  -  This  card  does not permit bearer to UNLAWFULLY
18    carry  or  use  firearms."  Before  December  1,  2002,   the
19    Department   may   use  a  person's  digital  photograph  and
20    signature from  his  or  her  Illinois  driver's  license  or
21    Illinois  Identification  Card,  if  available.  On and after
22    December 1, 2002, the Department shall use a person's digital
23    photograph and signature from his or  her  Illinois  driver's
24    license  or  Illinois Identification Card, if available.  The
25    Department shall decline to use a person's digital photograph
26    or signature if the digital photograph or  signature  is  the
27    result  of  or  associated with fraudulent or erroneous data,
28    unless otherwise provided by law.
29        (b)  Except as otherwise provided in  subsection  (d),  a
30    person  applying  for  a  Firearm Owner's Identification Card
31    shall consent to the Department of  State  Police  using  the
 
                            -2-               LRB9217890RCpkA
 1    applicant's    digital    driver's    license   or   Illinois
 2    Identification Card photograph, if available,  and  signature
 3    on  the applicant's Firearm Owner's Identification Card.  The
 4    Secretary of State shall allow the Department of State Police
 5    access to the photograph and signature  for  the  purpose  of
 6    identifying  the  applicant  and  issuing  to the applicant a
 7    Firearm Owner's Identification Card.
 8        (c)  The Secretary of State  shall  conduct  a  study  to
 9    determine  the  cost  and feasibility of creating a method of
10    adding an identifiable code, background, or  other  means  on
11    the  driver's license or Illinois Identification Card to show
12    that  an  individual  is  not  disqualified  from  owning  or
13    possessing  a  firearm  under  State  or  federal  law.   The
14    Secretary shall report the findings of this study  12  months
15    after  the  effective date of this amendatory Act of the 92nd
16    General Assembly.
17        (d)  An applicant for a  Firearm  Owner's  Identification
18    Card  is  not  required  to submit to a photograph or digital
19    photograph if sufficient justification  is  provided  by  the
20    applicant  to  establish  that  such  photograph  or  digital
21    photograph  would  be in violation of or contradictory to the
22    applicant's religious convictions. If an  applicant  declares
23    that the use of a photograph or digital photograph is against
24    his or her religious convictions, the applicant must be given
25    an  affidavit  to  be  completed. This affidavit must contain
26    designated areas for a detailed written  explanation  of  the
27    reasons why a photograph or digital photograph is against the
28    applicant's   religious   convictions,   a   place   for  the
29    applicant's signature and date, and the  designation  of  the
30    religious  sect  or  denomination  involved;  and space for a
31    minister or other  religious  leader  to  apply  his  or  her
32    signature attesting to the explanation that the applicant has
33    offered,  along  with  the  date  and  official  title of the
34    minister  or  religious  leader.  The  affidavit   shall   be
 
                            -3-               LRB9217890RCpkA
 1    forwarded  by the applicant to the Department of State Police
 2    where a review and a decision shall be made by  the  Director
 3    of State Police relative to the issuance or non-issuance of a
 4    valid   Firearm   Owner's   Identification   Card  without  a
 5    photograph or digital photograph. To assist the  Director  in
 6    his  or  her  decision, a committee of 3 administrative staff
 7    persons shall be appointed by the  Director.  Each  affidavit
 8    shall  be  reviewed by each member of the committee, and each
 9    individual recommendation shall be made to the  Director  for
10    his or her final decision.
11    (Source: P.A. 91-694, eff. 4-13-00; 92-442, eff. 8-17-01.)

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.

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