102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0637
 
Introduced , by Rep. Adam Niemerg
 
SYNOPSIS AS INTRODUCED:



      
430 ILCS 65/2 from Ch. 38, par. 83-2
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/8 from Ch. 38, par. 83-8

 Amends the Firearm Owners Identification Card Act. Lowers the age at which a person who is not an active duty member of the United States Armed Forces may apply for a Firearm Owner's Identification Card from 21 to 18 and provides that a person who is under 18 years of age may apply for a Firearm Owner's Identification Card without parental consent required if he or she is an active duty member of the United States Armed Forces. Provides that if the applicant is under 18 (rather than 21) years of age that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent and is an active duty member of the United States Armed Forces.



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A BILL FOR
 


HB0637LRB102 04008 RLC 14024 b



1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Sections 2, 4, and 8 as follows:




6 (430 ILCS 65/2) (from Ch. 38, par. 83-2)


7 Sec. 2. Firearm Owner's Identification Card required; 
8exceptions. 

9 (a) (1) No person may acquire or possess any firearm, stun 
10gun, or taser within this State
without having in his or her 
11possession a Firearm Owner's Identification Card
previously 
12issued in his or her name by the Department of State Police 
13under
the provisions of this Act.

14 (2) No person may acquire or possess firearm ammunition 
15within this
State without having in his or her possession a 
16Firearm Owner's Identification
Card previously issued in his 
17or her name by the Department of State Police
under the 
18provisions of this Act.

19 (b) The provisions of this Section regarding the 
20possession of firearms, firearm ammunition, stun guns, and 
21tasers do not apply to:

22  (1) United States Marshals, while engaged in the 
23 operation of their
official duties;

 
 
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1  (2) Members of the Armed Forces of the United States 
2 or the National
Guard, while engaged in the operation of 
3 their official duties;

4  (3) Federal officials required to carry firearms, 
5 while engaged in the
operation of their official duties;

6  (4) Members of bona fide veterans organizations which 
7 receive firearms
directly from the armed forces of the 
8 United States, while using the
firearms for ceremonial 
9 purposes with blank ammunition;

10  (5) Nonresident hunters during hunting season, with 
11 valid nonresident
hunting licenses and while in an area 
12 where hunting is permitted; however,
at all other times 
13 and in all other places these persons must have their

14 firearms unloaded and enclosed in a case;

15  (6) Those hunters exempt from obtaining a hunting 
16 license who are
required to submit their Firearm Owner's 
17 Identification Card when hunting
on Department of Natural 
18 Resources owned or managed sites;

19  (7) Nonresidents while on a firing or shooting range 
20 recognized by the
Department of State Police; however, 
21 these persons must at all other times
and in all other 
22 places have their firearms unloaded and enclosed in a 
23 case;


24  (8) Nonresidents while at a firearm showing or display 
25 recognized by
the Department of State Police; however, at 
26 all other times and in all
other places these persons must 
 
 
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1 have their firearms unloaded and enclosed
in a case;

2  (9) Nonresidents whose firearms are unloaded and 
3 enclosed in a case;

4  (10) Nonresidents who are currently licensed or 
5 registered to possess a
firearm in their resident state;

6  (11) Unemancipated minors while in the custody and 
7 immediate control of
their parent or legal guardian or 
8 other person in loco parentis to the
minor if the parent or 
9 legal guardian or other person in loco parentis to
the 
10 minor has a currently valid Firearm Owner's Identification

11 Card;

12  (12) Color guards of bona fide veterans organizations 
13 or members of bona
fide American Legion bands while using 
14 firearms for ceremonial purposes
with blank ammunition;

15  (13) Nonresident hunters whose state of residence does 
16 not require
them to be licensed or registered to possess a 
17 firearm and only during
hunting season, with valid hunting 
18 licenses, while accompanied by, and
using a firearm owned 
19 by, a person who possesses a valid Firearm Owner's

20 Identification Card and while in an area within a 
21 commercial club licensed
under the Wildlife Code where 
22 hunting is permitted and controlled, but in
no instance 
23 upon sites owned or managed by the Department of Natural

24 Resources;

25  (14) Resident hunters who are properly authorized to 
26 hunt and,
while accompanied by a person who possesses a 
 
 
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1 valid Firearm Owner's
Identification Card, hunt in an area 
2 within a commercial club licensed
under the Wildlife Code 
3 where hunting is permitted and controlled;

4  (15) A person who is otherwise eligible to obtain a 
5 Firearm Owner's
Identification Card under this Act and is 
6 under the direct supervision of a
holder of a Firearm

7 Owner's Identification Card who is 18 21 years of age or 
8 older while the person is
on a firing or shooting range
or 
9 is a
participant in a firearms safety and training course 
10 recognized by a law
enforcement agency or a national, 
11 statewide shooting sports organization; and

12  (16) Competitive shooting athletes whose competition 
13 firearms are sanctioned by the International Olympic 
14 Committee, the International Paralympic Committee, the 
15 International Shooting Sport Federation, or USA Shooting 
16 in connection with such athletes' training for and 
17 participation in shooting competitions at the 2016 Olympic 
18 and Paralympic Games and sanctioned test events leading up 
19 to the 2016 Olympic and Paralympic Games. 
20 (c) The provisions of this Section regarding the 
21acquisition and possession
of firearms, firearm ammunition, 
22stun guns, and tasers do not apply to law enforcement 
23officials
of this or any other jurisdiction, while engaged in 
24the operation of their
official duties.

25 (c-5) The provisions of paragraphs (1) and (2) of 
26subsection (a) of this Section regarding the possession of 
 
 
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1firearms
and firearm ammunition do not apply to the holder of a 
2valid concealed carry
license issued under the Firearm 
3Concealed Carry Act who is in physical
possession of the 
4concealed carry license. 
5 (d) Any person who becomes a resident of this State, who is 
6not otherwise prohibited from obtaining, possessing, or using 
7a firearm or firearm ammunition, shall not be required to have 
8a Firearm Owner's Identification Card to possess firearms or 
9firearms ammunition until 60 calendar days after he or she 
10obtains an Illinois driver's license or Illinois 
11Identification Card. 
12(Source: P.A. 99-29, eff. 7-10-15.)




13 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


14 Sec. 4. Application for Firearm Owner's Identification 
15Cards. 
16 (a) Each applicant for a Firearm Owner's Identification 
17Card must: 

18  (1) Make application on blank forms prepared and 
19 furnished at convenient
locations throughout the State by 
20 the Department of State Police, or by
electronic means, if 
21 and when made available by the Department of State
Police; 
22 and

23  (2) Submit evidence to the Department of State Police 
24 that:

25   (i) This subparagraph (i) applies through January 
 
 
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1 8, 2020 the 180th day following the effective date of 
2 this amendatory Act of the 101st General Assembly. He 
3 or she is 21 years of age or over, or if he or she is 
4 under 21
years of age that he or she has the written 
5 consent of his or her parent or
legal guardian to 
6 possess and acquire firearms and firearm ammunition 
7 and that
he or she has never been convicted of a 
8 misdemeanor other than a traffic
offense or adjudged

9 delinquent, provided, however, that such parent or 
10 legal guardian is not an
individual prohibited from 
11 having a Firearm Owner's Identification Card and
files 
12 an affidavit with the Department as prescribed by the 
13 Department
stating that he or she is not an individual 
14 prohibited from having a Card;
15   (i-5) This subparagraph (i-5) applies on and after 
16 January 9, 2020 the 181st day following the effective 
17 date of this amendatory Act of the 101st General 
18 Assembly. He or she is 18 21 years of age or over, or 
19 if he or she is under 18 21
years of age that he or she 
20 has never been convicted of a misdemeanor other than a 
21 traffic offense or adjudged delinquent and is an 
22 active duty member of the United States Armed Forces 
23 or has the written consent of his or her parent or

24 legal guardian to possess and acquire firearms and 
25 firearm ammunition, provided, however, that such 
26 parent or legal guardian is not an
individual 
 
 
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1 prohibited from having a Firearm Owner's 
2 Identification Card and
files an affidavit with the 
3 Department as prescribed by the Department
stating 
4 that he or she is not an individual prohibited from 
5 having a Card or the active duty member of the United 
6 States Armed Forces under 21 years of age annually 
7 submits proof to the Department of State Police, in a 
8 manner prescribed by the Department; 

9   (ii) He or she has not been convicted of a felony 
10 under the laws of
this or any other jurisdiction;

11   (iii) He or she is not addicted to narcotics;

12   (iv) He or she has not been a patient in a mental 
13 health facility within
the past 5 years or, if he or 
14 she has been a patient in a mental health facility more 
15 than 5 years ago submit the certification required 
16 under subsection (u) of Section 8 of this Act;

17   (v) He or she is not a person with an intellectual 
18 disability;

19   (vi) He or she is not an alien who is unlawfully 
20 present in the
United States under the laws of the 
21 United States;

22   (vii) He or she is not subject to an existing order 
23 of protection
prohibiting him or her from possessing a 
24 firearm;

25   (viii) He or she has not been convicted within the 
26 past 5 years of
battery, assault, aggravated assault, 
 
 
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1 violation of an order of
protection, or a 
2 substantially similar offense in another jurisdiction, 
3 in
which a firearm was used or possessed;

4   (ix) He or she has not been convicted of domestic 
5 battery, aggravated domestic battery, or a

6 substantially similar offense in another
jurisdiction 
7 committed before, on or after January 1, 2012 (the 
8 effective date of Public Act 97-158). If the applicant 
9 knowingly and intelligently waives the right to have 
10 an offense described in this clause (ix) tried by a 
11 jury, and by guilty plea or otherwise, results in a 
12 conviction for an offense in which a domestic 
13 relationship is not a required element of the offense 
14 but in which a determination of the applicability of 
15 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of 
16 the Code of Criminal Procedure of 1963, an entry by the 
17 court of a judgment of conviction for that offense 
18 shall be grounds for denying the issuance of a Firearm 
19 Owner's Identification Card under this Section;

20   (x) (Blank);

21   (xi) He or she is not an alien who has been 
22 admitted to the United
States under a non-immigrant 
23 visa (as that term is defined in Section
101(a)(26) of 
24 the Immigration and Nationality Act (8 U.S.C. 
25 1101(a)(26))),
or that he or she is an alien who has 
26 been lawfully admitted to the United
States under a 
 
 
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1 non-immigrant visa if that alien is:

2    (1) admitted to the United States for lawful 
3 hunting or sporting
purposes;

4    (2) an official representative of a foreign 
5 government who is:

6     (A) accredited to the United States 
7 Government or the Government's
mission to an 
8 international organization having its 
9 headquarters in the United
States; or

10     (B) en route to or from another country to 
11 which that alien is
accredited;

12    (3) an official of a foreign government or 
13 distinguished foreign
visitor who has been so 
14 designated by the Department of State;

15    (4) a foreign law enforcement officer of a 
16 friendly foreign
government entering the United 
17 States on official business; or

18    (5) one who has received a waiver from the 
19 Attorney General of the
United States pursuant to 
20 18 U.S.C. 922(y)(3);

21   (xii) He or she is not a minor subject to a 
22 petition filed
under Section 5-520 of the Juvenile 
23 Court Act of 1987 alleging that the
minor is a 
24 delinquent minor for the commission of an offense that 
25 if
committed by an adult would be a felony;

26   (xiii) He or she is not an adult who had been 
 
 
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1 adjudicated a delinquent
minor under the Juvenile 
2 Court Act of 1987 for the commission of an offense
that 
3 if committed by an adult would be a felony;

4   (xiv) He or she is a resident of the State of 
5 Illinois; 
6   (xv) He or she has not been adjudicated as a person 
7 with a mental disability; 
8   (xvi) He or she has not been involuntarily 
9 admitted into a mental health facility; and 
10   (xvii) He or she is not a person with a 
11 developmental disability; and 
12  (3) Upon request by the Department of State Police, 
13 sign a release on a
form prescribed by the Department of 
14 State Police waiving any right to
confidentiality and 
15 requesting the disclosure to the Department of State 
16 Police
of limited mental health institution admission 
17 information from another state,
the District of Columbia, 
18 any other territory of the United States, or a
foreign 
19 nation concerning the applicant for the sole purpose of 
20 determining
whether the applicant is or was a patient in a 
21 mental health institution and
disqualified because of that 
22 status from receiving a Firearm Owner's
Identification 
23 Card. No mental health care or treatment records may be

24 requested. The information received shall be destroyed 
25 within one year of
receipt.

26 (a-5) Each applicant for a Firearm Owner's Identification 
 
 
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1Card who is over
the age of 18 shall furnish to the Department 
2of State Police either his or
her Illinois driver's license 
3number or Illinois Identification Card number, except as

4provided in subsection (a-10).

5 (a-10) Each applicant for a Firearm Owner's Identification 
6Card,
who is employed as a law enforcement officer, an armed 
7security officer in Illinois, or by the United States Military

8permanently assigned in Illinois and who is not an Illinois 
9resident, shall furnish to
the Department of State Police his 
10or her driver's license number or state
identification card 
11number from his or her state of residence. The Department
of 
12State Police may adopt rules to enforce the provisions of this

13subsection (a-10).

14 (a-15) If an applicant applying for a Firearm Owner's 
15Identification Card moves from the residence address named in 
16the application, he or she shall immediately notify in a form 
17and manner prescribed by the Department of State Police of 
18that change of address.
19 (a-20) Each applicant for a Firearm Owner's Identification 
20Card shall furnish to the Department of State Police his or her 
21photograph. An applicant who is 18 21 years of age or older 
22seeking a religious exemption to the photograph requirement 
23must furnish with the application an approved copy of United 
24States Department of the Treasury Internal Revenue Service 
25Form 4029. In lieu of a photograph, an applicant regardless of 
26age seeking a religious exemption to the photograph 
 
 
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1requirement shall submit fingerprints on a form and manner 
2prescribed by the Department with his or her application. 
3 (b) Each application form shall include the following 
4statement printed in
bold type: "Warning: Entering false 
5information on an application for a Firearm
Owner's 
6Identification Card is punishable as a Class 2 felony in 
7accordance
with subsection (d-5) of Section 14 of the Firearm 
8Owners Identification Card
Act.".

9 (c) Upon such written consent, pursuant to Section 4, 
10paragraph (a)(2)(i),
the parent or legal guardian giving the 
11consent shall be liable for any
damages resulting from the 
12applicant's use of firearms or firearm ammunition.

13(Source: P.A. 101-80, eff. 7-12-19.)




14 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

15 Sec. 8. Grounds for denial and revocation. The Department 
16of State Police has authority to deny an
application for or to 
17revoke and seize a Firearm Owner's Identification
Card 
18previously issued under this Act only if the Department finds 
19that the
applicant or the person to whom such card was issued 
20is or was at the time
of issuance:

21  (a) A person under 21 years of age who has been 
22 convicted of a
misdemeanor other than a traffic offense or 
23 adjudged delinquent;

24  (b) This subsection (b) applies through January 8, 
25 2020 the 180th day following the effective date of this 
 
 
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1 amendatory Act of the 101st General Assembly. A person 
2 under 21 years of age who does not have the written consent

3 of his parent or guardian to acquire and possess firearms 
4 and firearm
ammunition, or whose parent or guardian has 
5 revoked such written consent,
or where such parent or 
6 guardian does not qualify to have a Firearm Owner's

7 Identification Card;
8  (b-5) This subsection (b-5) applies on and after 
9 January 9, 2020 the 181st day following the effective date 
10 of this amendatory Act of the 101st General Assembly. A 
11 person under 18 21 years of age who is not an active duty 
12 member of the United States Armed Forces and does not have 
13 the written consent
of his or her parent or guardian to 
14 acquire and possess firearms and firearm
ammunition, or 
15 whose parent or guardian has revoked such written consent,

16 or where such parent or guardian does not qualify to have a 
17 Firearm Owner's
Identification Card; 

18  (c) A person convicted of a felony under the laws of 
19 this or any other
jurisdiction;

20  (d) A person addicted to narcotics;

21  (e) A person who has been a patient of a mental health 
22 facility within the
past 5 years or a person who has been a 
23 patient in a mental health facility more than 5 years ago 
24 who has not received the certification required under 
25 subsection (u) of this Section. An active law enforcement 
26 officer employed by a unit of government who is denied, 
 
 
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1 revoked, or has his or her Firearm Owner's Identification 
2 Card seized under this subsection (e) may obtain relief as 
3 described in subsection (c-5) of Section 10 of this Act if 
4 the officer did not act in a manner threatening to the 
5 officer, another person, or the public as determined by 
6 the treating clinical psychologist or physician, and the 
7 officer seeks mental health treatment;

8  (f) A person whose mental condition is of such a 
9 nature that it poses
a clear and present danger to the 
10 applicant, any other person or persons or
the community;

11  (g) A person who has an intellectual disability;

12  (h) A person who intentionally makes a false statement 
13 in the Firearm
Owner's Identification Card application;

14  (i) An alien who is unlawfully present in
the United 
15 States under the laws of the United States;

16  (i-5) An alien who has been admitted to the United 
17 States under a
non-immigrant visa (as that term is defined 
18 in Section 101(a)(26) of the
Immigration and Nationality 
19 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
20 (i-5) does not apply to any alien who has been lawfully 
21 admitted to
the United States under a non-immigrant visa 
22 if that alien is:

23   (1) admitted to the United States for lawful 
24 hunting or sporting purposes;

25   (2) an official representative of a foreign 
26 government who is:

 
 
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1    (A) accredited to the United States Government 
2 or the Government's
mission to an international 
3 organization having its headquarters in the United

4 States; or

5    (B) en route to or from another country to 
6 which that alien is
accredited;

7   (3) an official of a foreign government or 
8 distinguished foreign visitor
who has been so 
9 designated by the Department of State;

10   (4) a foreign law enforcement officer of a 
11 friendly foreign government
entering the United States 
12 on official business; or

13   (5) one who has received a waiver from the 
14 Attorney General of the United
States pursuant to 18 
15 U.S.C. 922(y)(3);

16  (j) (Blank);

17  (k) A person who has been convicted within the past 5 
18 years of battery,
assault, aggravated assault, violation 
19 of an order of protection, or a
substantially similar 
20 offense in another jurisdiction, in which a firearm was

21 used or possessed;

22  (l) A person who has been convicted of domestic 
23 battery, aggravated domestic battery, or a substantially

24 similar offense in another jurisdiction committed before, 
25 on or after January 1, 2012 (the effective date of Public 
26 Act 97-158). If the applicant or person who has been 
 
 
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1 previously issued a Firearm Owner's Identification Card 
2 under this Act knowingly and intelligently waives the 
3 right to have an offense described in this paragraph (l) 
4 tried by a jury, and by guilty plea or otherwise, results 
5 in a conviction for an offense in which a domestic 
6 relationship is not a required element of the offense but 
7 in which a determination of the applicability of 18 U.S.C. 
8 922(g)(9) is made under Section 112A-11.1 of the Code of 
9 Criminal Procedure of 1963, an entry by the court of a 
10 judgment of conviction for that offense shall be grounds 
11 for denying an application for and for revoking and 
12 seizing a Firearm Owner's Identification Card previously 
13 issued to the person under this Act;

14  (m) (Blank);

15  (n) A person who is prohibited from acquiring or 
16 possessing
firearms or firearm ammunition by any Illinois 
17 State statute or by federal
law;

18  (o) A minor subject to a petition filed under Section 
19 5-520 of the
Juvenile Court Act of 1987 alleging that the 
20 minor is a delinquent minor for
the commission of an 
21 offense that if committed by an adult would be a felony;


22  (p) An adult who had been adjudicated a delinquent 
23 minor under the Juvenile
Court Act of 1987 for the 
24 commission of an offense that if committed by an
adult 
25 would be a felony;

26  (q) A person who is not a resident of the State of 
 
 
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1 Illinois, except as provided in subsection (a-10) of 
2 Section 4; 
3  (r) A person who has been adjudicated as a person with 
4 a mental disability; 
5  (s) A person who has been found to have a 
6 developmental disability; 
7  (t) A person involuntarily admitted into a mental 
8 health facility; or 
9  (u) A person who has had his or her Firearm Owner's 
10 Identification Card revoked or denied under subsection (e) 
11 of this Section or item (iv) of paragraph (2) of 
12 subsection (a) of Section 4 of this Act because he or she 
13 was a patient in a mental health facility as provided in 
14 subsection (e) of this Section, shall not be permitted to 
15 obtain a Firearm Owner's Identification Card, after the 
16 5-year period has lapsed, unless he or she has received a 
17 mental health evaluation by a physician, clinical 
18 psychologist, or qualified examiner as those terms are 
19 defined in the Mental Health and Developmental 
20 Disabilities Code, and has received a certification that 
21 he or she is not a clear and present danger to himself, 
22 herself, or others. The physician, clinical psychologist, 
23 or qualified examiner making the certification and his or 
24 her employer shall not be held criminally, civilly, or 
25 professionally liable for making or not making the 
26 certification required under this subsection, except for 
 
 
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1 willful or wanton misconduct. This subsection does not 
2 apply to a person whose firearm possession rights have 
3 been restored through administrative or judicial action 
4 under Section 10 or 11 of this Act. 
5 Upon revocation of a person's Firearm Owner's 
6Identification Card, the Department of State Police shall 
7provide notice to the person and the person shall comply with 
8Section 9.5 of this Act. 
9(Source: P.A. 101-80, eff. 7-12-19.)