99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3333
 
Introduced 2/19/2016, by Sen. Bill Cunningham
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police also has authority to deny an
application for or to revoke and seize a Firearm Owner's Identification
Card previously issued under the Act if the Department finds that the
applicant or the person to whom the card was issued is or was at the time
of issuance: (1) a person who is subject to an order of protection, or similar protective order entered by another state, tribal, or territorial court; or (2) a person who is subject to a stalking no contact order prohibiting him or her from possessing a firearm. Provides that in counties with more than 3,000,000 inhabitants, in conjunction with the service of the protective order, the sheriff may serve a notice of revocation on behalf of the Department of State Police if the revocation is based on the issuance of an order of protection or of a stalking no contact order that prohibits the person from possessing a firearm. Provides that if the person is served by the sheriff with a notice of revocation based on the issuance of an order of protection or of a stalking no contact order that prohibits the person from possessing a firearm, establishes procedures for the person to surrender his or her firearms and Firearm Owner's Identification
Card.



LRB099 19517 RLC 43911 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB3333LRB099 19517 RLC 43911 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 4, 8, 9, and 9.5 as follows:



6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


7 Sec. 4. (a) Each applicant for a Firearm Owner's 
8Identification Card must: 


9  (1) Make application on blank forms prepared and 
10 furnished at convenient
locations throughout the State by 
11 the Department of State Police, or by
electronic means, if 
12 and when made available by the Department of State
Police; 
13 and


14  (2) Submit evidence to the Department of State Police 
15 that:


16   (i) He or she is 21 years of age or over, or if he 
17 or she is under 21
years of age that he or she has the 
18 written consent of his or her parent or
legal guardian 
19 to possess and acquire firearms and firearm ammunition 
20 and that
he or she has never been convicted of a 
21 misdemeanor other than a traffic
offense or adjudged

22 delinquent, provided, however, that such parent or 
23 legal guardian is not an
individual prohibited from 
 
 
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1 having a Firearm Owner's Identification Card and
files 
2 an affidavit with the Department as prescribed by the 
3 Department
stating that he or she is not an individual 
4 prohibited from having a Card;


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


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


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


13   (v) He or she is not a person with an intellectual 
14 disability;


15   (vi) He or she is not an alien who is unlawfully 
16 present in the
United States under the laws of the 
17 United States;


18   (vii) He or she is not subject to an existing order 
19 of protection
prohibiting him or her from possessing a 
20 firearm, or similar protective order entered by 
21 another state, tribal, or territorial court;


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


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

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

17   (ix-5) He or she is not subject to a stalking no 
18 contact order prohibiting him or her from possessing a 
19 firearm; 

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 admitted 
9 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 Police

16 of limited mental health institution admission information 
17 from another state,
the District of Columbia, any other 
18 territory of the United States, or a
foreign nation 
19 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 that 
18change 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 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 Form 
254029. In lieu of a photograph, an applicant regardless of age 
26seeking a religious exemption to the photograph requirement 
 
 
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1shall submit fingerprints on a form and manner prescribed by 
2the 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. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)




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) A person under 21 years of age who does not have 
25 the written consent
of his parent or guardian to acquire 
 
 
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1 and possess firearms and firearm
ammunition, or whose 
2 parent or guardian has revoked such written consent,
or 
3 where such parent or guardian does not qualify to have a 
4 Firearm Owner's
Identification Card;

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

7  (d) A person addicted to narcotics;

8  (e) A person who has been a patient of a mental health 
9 facility within the
past 5 years or a person who has been a 
10 patient in a mental health facility more than 5 years ago 
11 who has not received the certification required under 
12 subsection (u) of this Section. An active law enforcement 
13 officer employed by a unit of government who is denied, 
14 revoked, or has his or her Firearm Owner's Identification 
15 Card seized under this subsection (e) may obtain relief as 
16 described in subsection (c-5) of Section 10 of this Act if 
17 the officer did not act in a manner threatening to the 
18 officer, another person, or the public as determined by the 
19 treating clinical psychologist or physician, and the 
20 officer seeks mental health treatment;

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  (g) A person who has an intellectual disability;

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

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

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

10   (1) admitted to the United States for lawful 
11 hunting or sporting purposes;

12   (2) an official representative of a foreign 
13 government who is:

14    (A) accredited to the United States Government 
15 or the Government's
mission to an international 
16 organization having its headquarters in the United

17 States; or

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

20   (3) an official of a foreign government or 
21 distinguished foreign visitor
who has been so 
22 designated by the Department of State;

23   (4) a foreign law enforcement officer of a friendly 
24 foreign government
entering the United States on 
25 official business; or

26   (5) one who has received a waiver from the Attorney 
 
 
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1 General of the United
States pursuant to 18 U.S.C. 
2 922(y)(3);

3  (i-6) A person who is subject to an order of 
4 protection, or similar protective order entered by another 
5 state, tribal, or territorial court; 
6  (j) (Blank);

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

11 used or possessed;

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

14 similar offense in another jurisdiction committed before, 
15 on or after January 1, 2012 (the effective date of Public 
16 Act 97-158). If the applicant or person who has been 
17 previously issued a Firearm Owner's Identification Card 
18 under this Act knowingly and intelligently waives the right 
19 to have an offense described in this paragraph (l) tried by 
20 a jury, and by guilty plea or otherwise, results in a 
21 conviction for an offense in which a domestic relationship 
22 is not a required element of the offense but in which a 
23 determination of the applicability of 18 U.S.C. 922(g)(9) 
24 is made under Section 112A-11.1 of the Code of Criminal 
25 Procedure of 1963, an entry by the court of a judgment of 
26 conviction for that offense shall be grounds for denying an 
 
 
SB3333- 11 -LRB099 19517 RLC 43911 b


1 application for and for revoking and seizing a Firearm 
2 Owner's Identification Card previously issued to the 
3 person under this Act;

4  (l-5) A person who is subject to a stalking no contact 
5 order prohibiting him or her from possessing a firearm; 
6  (m) (Blank);

7  (n) A person who is prohibited from acquiring or 
8 possessing
firearms or firearm ammunition by any Illinois 
9 State statute or by federal
law;

10  (o) A minor subject to a petition filed under Section 
11 5-520 of the
Juvenile Court Act of 1987 alleging that the 
12 minor is a delinquent minor for
the commission of an 
13 offense that if committed by an adult would be a felony;


14  (p) An adult who had been adjudicated a delinquent 
15 minor under the Juvenile
Court Act of 1987 for the 
16 commission of an offense that if committed by an
adult 
17 would be a felony;

18  (q) A person who is not a resident of the State of 
19 Illinois, except as provided in subsection (a-10) of 
20 Section 4; 
21  (r) A person who has been adjudicated as a person with 
22 a mental disability; 
23  (s) A person who has been found to have a developmental 
24 disability; 
25  (t) A person involuntarily admitted into a mental 
26 health facility; or 
 
 
SB3333- 12 -LRB099 19517 RLC 43911 b


1  (u) A person who has had his or her Firearm Owner's 
2 Identification Card revoked or denied under subsection (e) 
3 of this Section or item (iv) of paragraph (2) of subsection 
4 (a) of Section 4 of this Act because he or she was a 
5 patient in a mental health facility as provided in 
6 subsection (e) of this Section, shall not be permitted to 
7 obtain a Firearm Owner's Identification Card, after the 
8 5-year period has lapsed, unless he or she has received a 
9 mental health evaluation by a physician, clinical 
10 psychologist, or qualified examiner as those terms are 
11 defined in the Mental Health and Developmental 
12 Disabilities Code, and has received a certification that he 
13 or she is not a clear and present danger to himself, 
14 herself, or others. The physician, clinical psychologist, 
15 or qualified examiner making the certification and his or 
16 her employer shall not be held criminally, civilly, or 
17 professionally liable for making or not making the 
18 certification required under this subsection, except for 
19 willful or wanton misconduct. This subsection does not 
20 apply to a person whose firearm possession rights have been 
21 restored through administrative or judicial action under 
22 Section 10 or 11 of this Act. 
23 Upon revocation of a person's Firearm Owner's 
24Identification Card, the Department of State Police shall 
25provide notice to the person and the person shall comply with 
26Section 9.5 of this Act. 
 
 
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1(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, 
2eff. 7-16-14; 99-143, eff. 7-27-15.)





3 (430 ILCS 65/9) (from Ch. 38, par. 83-9)



4 Sec. 9. 

5 (a) Every person whose application for a Firearm Owner's 
6Identification
Card is denied, and every holder of such a Card 
7whose Card is revoked
or seized, shall receive a written notice 
8from the Department of State
Police stating specifically the 
9grounds upon which
his application has
been denied or upon 
10which his Identification Card has been revoked. The written 
11notice shall include the requirements of Section 9.5 of this 
12Act and the persons's right to administrative or judicial 
13review under Section 10 and 11 of this Act. A copy of the 
14written notice shall be provided to the sheriff and law 
15enforcement agency where the person resides.
16 (b) In counties with more than 3,000,000 inhabitants, in 
17conjunction with the service of the protective order, the 
18sheriff may serve a notice of revocation on behalf of the 
19Department of State Police if the revocation is based on the 
20issuance of an order of protection or of a stalking no contact 
21order that prohibits the person from possessing a firearm. The 
22sheriff shall use a standard form approved by the Department of 
23State Police. 

24(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)


 
 
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1 (430 ILCS 65/9.5)
2 Sec. 9.5. Revocation of Firearm Owner's Identification

3Card.
4 (a) Except for counties with more than 3,000,000 
5inhabitants when the revocation is based on the issuance of a 
6protective order, a A person who receives a revocation notice 
7under Section 9 of this Act shall, within 48 hours of receiving 
8notice of the revocation:
9  (1) surrender his or her Firearm Owner's 
10 Identification Card to the local law enforcement agency 
11 where the person resides. The local law enforcement agency 
12 shall provide the person a receipt and transmit the Firearm 
13 Owner's Identification Card to the Department of State 
14 Police; and
15  (2) complete a Firearm Disposition Record on a form 
16 prescribed by the Department of State Police and place his 
17 or her firearms in the location or with the person reported 
18 in the Firearm Disposition Record. The form shall require 
19 the person to disclose:
20   (A) the make, model, and serial number of each 
21 firearm owned by or under the custody and control of 
22 the revoked person;
23   (B) the location where each firearm will be 
24 maintained during the prohibited term; and
25   (C) if any firearm will be transferred to the 
26 custody of another person, the name, address and 
 
 
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1 Firearm Owner's Identification Card number of the 
2 transferee.
3 (a-5) If the person is served by the sheriff with a notice 
4of revocation based on the issuance of an order of protection 
5or of a stalking no contact order that prohibits the person 
6from possessing a firearm:
7  (1) the person shall immediately surrender his or her 
8 Firearm Owner's Identification Card to the sheriff serving 
9 the protective order. The sheriff shall provide the person 
10 with a receipt and send the Firearm Owner's Identification 
11 Card to the Department of State Police;
12  (2) the person shall immediately surrender all 
13 firearms in his or her possession to the sheriff serving 
14 the protective order for safekeeping;
15  (3) the sheriff shall store the firearms for a period 
16 of up to 2 years until the person's Firearm Owner's 
17 Identification Card is reinstated or allow the person to 
18 transfer the firearms to a federally licensed firearm 
19 dealer or to another person who holds a valid Firearm 
20 Owner's Identification Card and who does not reside with 
21 the person. If the transfer is made, the person shall 
22 complete the Firearm Disposition Record as described in 
23 paragraph (2) of subsection (a) of this Section; and
24  (4) if the person has not retrieved or transferred the 
25 firearms within 2 years and cannot be located or fails to 
26 respond to requests to retrieve the firearms, the sheriff 
 
 
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1 may seek a court order from the court that issued the order 
2 of protection or stalking no contact order to destroy the 
3 firearms, use the firearms for training purposes, or for 
4 any other appropriate law enforcement purpose. 
5 (b) The local law enforcement agency shall provide a copy 
6of the Firearm Disposition Record to the person whose Firearm 
7Owner's Identification Card has been revoked and to the 
8Department of State Police.
9 (c) If the person whose Firearm Owner's Identification Card 
10has been revoked fails to comply with the requirements of this 
11Section, the sheriff or law enforcement agency where the person 
12resides may petition the circuit court to issue a warrant to 
13search for and seize the Firearm Owner's Identification Card 
14and firearms in the possession or under the custody or control 
15of the person whose Firearm Owner's Identification Card has 
16been revoked.
17 (d) A violation of subsection (a) of this Section is a 
18Class A misdemeanor.
19 (e) The observation of a Firearm Owner's Identification 
20Card in the possession of a person whose Firearm Owner's 
21Identification Card has been revoked constitutes a sufficient 
22basis for the arrest of that person for violation of this 
23Section.
24 (f) Within 30 days after the effective date of this 
25amendatory Act of the 98th General Assembly, the Department of 
26State Police shall provide written notice of the requirements 
 
 
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1of this Section to persons whose Firearm Owner's Identification 
2Cards have been revoked, suspended, or expired and who have 
3failed to surrender their cards to the Department.
4 (g) A person whose Firearm Owner's Identification Card has 
5been revoked and who received notice under subsection (f) shall 
6comply with the requirements of this Section within 48 hours of 
7receiving notice. 

8(Source: P.A. 98-63, eff. 7-9-13.)

9 (430 ILCS 65/8.2 rep.)
10 Section 10. The Firearm Owners Identification Card Act is 
11amended by repealing Section 8.2.


 
 
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1
INDEX

2
Statutes amended in order of appearance