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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4941 Introduced , by Rep. Monica Bristow SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/4 | from Ch. 38, par. 83-4 |
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Amends the Firearm Owners Identification Card Act. Provides that an applicant for renewal of his or her Firearm Owner's Identification Card does not have to furnish to the Illinois State Police his or her photograph.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 4 as follows:
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| 6 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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| 7 | | Sec. 4. Application for Firearm Owner's Identification |
| 8 | | Cards. |
| 9 | | (a) Each applicant for a Firearm Owner's Identification |
| 10 | | Card must:
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| 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
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| 16 | | (2) Submit evidence to the Department of State Police |
| 17 | | that:
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| 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 she |
| 21 | | is 21 years of age or over, or if he or she is under 21
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| 22 | | years of age that he or she has the written consent of |
| 23 | | his or her parent or
legal guardian to possess and |
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| 1 | | acquire firearms and firearm ammunition and that
he or |
| 2 | | she has never been convicted of a misdemeanor other |
| 3 | | than a traffic
offense or adjudged
delinquent, |
| 4 | | provided, however, that such parent or legal guardian |
| 5 | | is not an
individual prohibited from having a Firearm |
| 6 | | Owner's Identification Card and
files an affidavit |
| 7 | | with the Department as prescribed by the Department
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| 8 | | stating that he or she is not an individual prohibited |
| 9 | | 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 she |
| 13 | | is 21 years of age or over, or if he or she is under 21
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| 14 | | years of age that he or she has never been convicted of |
| 15 | | a misdemeanor other than a traffic offense or adjudged |
| 16 | | delinquent and is an active duty member of the United |
| 17 | | States Armed Forces or has the written consent of his |
| 18 | | or her parent or
legal guardian to possess and acquire |
| 19 | | firearms and firearm ammunition, provided, however, |
| 20 | | that such parent or legal guardian is not an
individual |
| 21 | | prohibited from having a Firearm Owner's |
| 22 | | Identification Card and
files an affidavit with the |
| 23 | | Department as prescribed by the Department
stating |
| 24 | | that he or she is not an individual prohibited from |
| 25 | | having a Card or the active duty member of the United |
| 26 | | States Armed Forces under 21 years of age annually |
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| 1 | | submits proof to the Department of State Police, in a |
| 2 | | manner prescribed by the Department;
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| 3 | | (ii) He or she has not been convicted of a felony |
| 4 | | under the laws of
this or any other jurisdiction;
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| 5 | | (iii) He or she is not addicted to narcotics;
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| 6 | | (iv) He or she has not been a patient in a mental |
| 7 | | health facility within
the past 5 years or, if he or |
| 8 | | she has been a patient in a mental health facility more |
| 9 | | than 5 years ago submit the certification required |
| 10 | | under subsection (u) of Section 8 of this Act;
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| 11 | | (v) He or she is not a person with an intellectual |
| 12 | | disability;
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| 13 | | (vi) He or she is not an alien who is unlawfully |
| 14 | | present in the
United States under the laws of the |
| 15 | | United States;
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| 16 | | (vii) He or she is not subject to an existing order |
| 17 | | of protection
prohibiting him or her from possessing a |
| 18 | | firearm;
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| 19 | | (viii) He or she has not been convicted within the |
| 20 | | past 5 years of
battery, assault, aggravated assault, |
| 21 | | violation of an order of
protection, or a substantially |
| 22 | | similar offense in another jurisdiction, in
which a |
| 23 | | firearm was used or possessed;
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| 24 | | (ix) He or she has not been convicted of domestic |
| 25 | | battery, aggravated domestic battery, or a
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| 26 | | substantially similar offense in another
jurisdiction |
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| 1 | | committed before, on or after January 1, 2012 (the |
| 2 | | effective date of Public Act 97-158). If the applicant |
| 3 | | knowingly and intelligently waives the right to have an |
| 4 | | offense described in this clause (ix) tried by a jury, |
| 5 | | and by guilty plea or otherwise, results in a |
| 6 | | conviction for an offense in which a domestic |
| 7 | | relationship is not a required element of the offense |
| 8 | | but in which a determination of the applicability of 18 |
| 9 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the |
| 10 | | Code of Criminal Procedure of 1963, an entry by the |
| 11 | | court of a judgment of conviction for that offense |
| 12 | | shall be grounds for denying the issuance of a Firearm |
| 13 | | Owner's Identification Card under this Section;
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| 14 | | (x) (Blank);
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| 15 | | (xi) He or she is not an alien who has been |
| 16 | | admitted to the United
States under a non-immigrant |
| 17 | | visa (as that term is defined in Section
101(a)(26) of |
| 18 | | the Immigration and Nationality Act (8 U.S.C. |
| 19 | | 1101(a)(26))),
or that he or she is an alien who has |
| 20 | | been lawfully admitted to the United
States under a |
| 21 | | non-immigrant visa if that alien is:
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| 22 | | (1) admitted to the United States for lawful |
| 23 | | hunting or sporting
purposes;
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| 24 | | (2) an official representative of a foreign |
| 25 | | government who is:
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| 26 | | (A) accredited to the United States |
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| 1 | | Government or the Government's
mission to an |
| 2 | | international organization having its |
| 3 | | headquarters in the United
States; or
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| 4 | | (B) en route to or from another country to |
| 5 | | which that alien is
accredited;
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| 6 | | (3) an official of a foreign government or |
| 7 | | distinguished foreign
visitor who has been so |
| 8 | | designated by the Department of State;
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| 9 | | (4) a foreign law enforcement officer of a |
| 10 | | friendly foreign
government entering the United |
| 11 | | States on official business; or
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| 12 | | (5) one who has received a waiver from the |
| 13 | | Attorney General of the
United States pursuant to |
| 14 | | 18 U.S.C. 922(y)(3);
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| 15 | | (xii) He or she is not a minor subject to a |
| 16 | | petition filed
under Section 5-520 of the Juvenile |
| 17 | | Court Act of 1987 alleging that the
minor is a |
| 18 | | delinquent minor for the commission of an offense that |
| 19 | | if
committed by an adult would be a felony;
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| 20 | | (xiii) He or she is not an adult who had been |
| 21 | | adjudicated a delinquent
minor under the Juvenile |
| 22 | | Court Act of 1987 for the commission of an offense
that |
| 23 | | if committed by an adult would be a felony;
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| 24 | | (xiv) He or she is a resident of the State of |
| 25 | | Illinois; |
| 26 | | (xv) He or she has not been adjudicated as a person |
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| 1 | | with a mental disability; |
| 2 | | (xvi) He or she has not been involuntarily admitted |
| 3 | | into a mental health facility; and |
| 4 | | (xvii) He or she is not a person with a |
| 5 | | developmental disability; and |
| 6 | | (3) Upon request by the Department of State Police, |
| 7 | | sign a release on a
form prescribed by the Department of |
| 8 | | State Police waiving any right to
confidentiality and |
| 9 | | requesting the disclosure to the Department of State Police
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| 10 | | of limited mental health institution admission information |
| 11 | | from another state,
the District of Columbia, any other |
| 12 | | territory of the United States, or a
foreign nation |
| 13 | | concerning the applicant for the sole purpose of |
| 14 | | determining
whether the applicant is or was a patient in a |
| 15 | | mental health institution and
disqualified because of that |
| 16 | | status from receiving a Firearm Owner's
Identification |
| 17 | | Card. No mental health care or treatment records may be
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| 18 | | requested. The information received shall be destroyed |
| 19 | | within one year of
receipt.
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| 20 | | (a-5) Each applicant for a Firearm Owner's Identification |
| 21 | | Card who is over
the age of 18 shall furnish to the Department |
| 22 | | of State Police either his or
her Illinois driver's license |
| 23 | | number or Illinois Identification Card number, except as
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| 24 | | provided in subsection (a-10).
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| 25 | | (a-10) Each applicant for a Firearm Owner's Identification |
| 26 | | Card,
who is employed as a law enforcement officer, an armed |
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| 1 | | security officer in Illinois, or by the United States Military
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| 2 | | permanently assigned in Illinois and who is not an Illinois |
| 3 | | resident, shall furnish to
the Department of State Police his |
| 4 | | or her driver's license number or state
identification card |
| 5 | | number from his or her state of residence. The Department
of |
| 6 | | State Police may adopt rules to enforce the provisions of this
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| 7 | | subsection (a-10).
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| 8 | | (a-15) If an applicant applying for a Firearm Owner's |
| 9 | | Identification Card moves from the residence address named in |
| 10 | | the application, he or she shall immediately notify in a form |
| 11 | | and manner prescribed by the Department of State Police of that |
| 12 | | change of address. |
| 13 | | (a-20) Each initial applicant for a Firearm Owner's |
| 14 | | Identification Card shall furnish to the Department of State |
| 15 | | Police his or her photograph. An applicant for renewal of his |
| 16 | | or her Firearm Owner's Identification Card does not have to |
| 17 | | furnish to the Illinois State Police his or her photograph. An |
| 18 | | applicant who is 21 years of age or older seeking a religious |
| 19 | | exemption to the photograph requirement must furnish with the |
| 20 | | application an approved copy of United States Department of the |
| 21 | | Treasury Internal Revenue Service Form 4029. In lieu of a |
| 22 | | photograph, an applicant regardless of age seeking a religious |
| 23 | | exemption to the photograph requirement shall submit |
| 24 | | fingerprints on a form and manner prescribed by the Department |
| 25 | | with his or her application. |
| 26 | | (b) Each application form shall include the following |
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| 1 | | statement printed in
bold type: "Warning: Entering false |
| 2 | | information on an application for a Firearm
Owner's |
| 3 | | Identification Card is punishable as a Class 2 felony in |
| 4 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
| 5 | | Owners Identification Card
Act.".
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| 6 | | (c) Upon such written consent, pursuant to Section 4, |
| 7 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
| 8 | | consent shall be liable for any
damages resulting from the |
| 9 | | applicant's use of firearms or firearm ammunition.
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| 10 | | (Source: P.A. 101-80, eff. 7-12-19.)
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