99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3448
 
Introduced 11/9/2016, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:



  
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 66/30

 Amends the Firearm Owners Identification Card Act. Provides that on and after the effective date of the amendatory Act, each applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of fingerprints in electronic format to the Department of State Police for the purpose of identity verification. Provides that a license application shall contain a full set of fingerprints submitted to the Department in electronic format for the purpose of verification of identity (rather than a license application shall contain a full set of fingerprints submitted to the Department in electronic format provided the Department may accept an application submitted without a set of fingerprints in which case the Department shall be granted 30 days in addition to the 90 days period to issue or deny a license).



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A BILL FOR
 


SB3448LRB099 23678 SLF 51188 b



1 AN ACT concerning public 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 Section 4 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;


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


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

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


16   (x) (Blank);


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


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


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


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


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


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


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


14    (5) one who has received a waiver from the 
15 Attorney General of the
United States pursuant to 
16 18 U.S.C. 922(y)(3);


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


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

26   (xiv) He or she is a resident of the State of 
 
 
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1 Illinois; 
2   (xv) He or she has not been adjudicated as a person 
3 with a mental disability; 
4   (xvi) He or she has not been involuntarily admitted 
5 into a mental health facility; and 
6   (xvii) He or she is not a person with a 
7 developmental disability; and 

8  (3) Upon request by the Department of State Police, 
9 sign a release on a
form prescribed by the Department of 
10 State Police waiving any right to
confidentiality and 
11 requesting the disclosure to the Department of State Police

12 of limited mental health institution admission information 
13 from another state,
the District of Columbia, any other 
14 territory of the United States, or a
foreign nation 
15 concerning the applicant for the sole purpose of 
16 determining
whether the applicant is or was a patient in a 
17 mental health institution and
disqualified because of that 
18 status from receiving a Firearm Owner's
Identification 
19 Card. No mental health care or treatment records may be

20 requested. The information received shall be destroyed 
21 within one year of
receipt.

22 (a-5) Each applicant for a Firearm Owner's Identification 
23Card who is over
the age of 18 shall furnish to the Department 
24of State Police either his or
her Illinois driver's license 
25number or Illinois Identification Card number, except as

26provided in subsection (a-10).

 
 
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1 (a-10) Each applicant for a Firearm Owner's Identification 
2Card,
who is employed as a law enforcement officer, an armed 
3security officer in Illinois, or by the United States Military

4permanently assigned in Illinois and who is not an Illinois 
5resident, shall furnish to
the Department of State Police his 
6or her driver's license number or state
identification card 
7number from his or her state of residence. The Department
of 
8State Police may adopt rules to enforce the provisions of this

9subsection (a-10).

10 (a-15) If an applicant applying for a Firearm Owner's 
11Identification Card moves from the residence address named in 
12the application, he or she shall immediately notify in a form 
13and manner prescribed by the Department of State Police of that 
14change of address.
15 (a-20) Each applicant for a Firearm Owner's Identification 
16Card shall furnish to the Department of State Police his or her 
17photograph. An applicant who is 21 years of age or older 
18seeking a religious exemption to the photograph requirement 
19must furnish with the application an approved copy of United 
20States Department of the Treasury Internal Revenue Service Form 
214029. In lieu of a photograph, an applicant regardless of age 
22seeking a religious exemption to the photograph requirement 
23shall submit fingerprints on a form and manner prescribed by 
24the Department with his or her application. 
25 (a-25) On and after the effective date of this amendatory 
26Act of the 99th General Assembly, each applicant for the 
 
 
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1issuance or renewal of a Firearm Owner's Identification Card 
2shall include a full set of fingerprints in electronic format 
3to the Department of State Police for the purpose of identity 
4verification, unless the applicant has previously provided a 
5full set of fingerprints to the Department under this Act or 
6the Concealed Carry Act.
7 (b) Each application form shall include the following 
8statement printed in
bold type: "Warning: Entering false 
9information on an application for a Firearm
Owner's 
10Identification Card is punishable as a Class 2 felony in 
11accordance
with subsection (d-5) of Section 14 of the Firearm 
12Owners Identification Card
Act.".

13 (c) Upon such written consent, pursuant to Section 4, 
14paragraph (a)(2)(i),
the parent or legal guardian giving the 
15consent shall be liable for any
damages resulting from the 
16applicant's use of firearms or firearm ammunition.

17(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)


18 Section 10. The Firearm Concealed Carry Act is amended by 
19changing Section 30 as follows:

20 (430 ILCS 66/30)

21 Sec. 30. Contents of license application. 
22 (a) The license application shall be in writing, under 
23penalty of perjury, on a standard form adopted by the 
24Department and shall be accompanied by the documentation 
 
 
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1required in this Section and the applicable fee. Each 
2application form shall include the following statement printed 
3in bold type: "Warning: Entering false information on this form 
4is punishable as perjury under Section 32-2 of the Criminal 
5Code of 2012."
6 (b) The application shall contain the following:
7  (1) the applicant's name, current address, date and 
8 year of birth, place of birth, height, weight, hair color, 
9 eye color, maiden name or any other name the applicant has 
10 used or identified with, and any address where the 
11 applicant resided for more than 30 days within the 10 years 
12 preceding the date of the license application;
13  (2) the applicant's valid driver's license number or 
14 valid state identification card number;
15  (3) a waiver of the applicant's privacy and 
16 confidentiality rights and privileges under all federal 
17 and state laws, including those limiting access to juvenile 
18 court, criminal justice, psychological, or psychiatric 
19 records or records relating to any institutionalization of 
20 the applicant, and an affirmative request that a person 
21 having custody of any of these records provide it or 
22 information concerning it to the Department. The waiver 
23 only applies to records sought in connection with 
24 determining whether the applicant qualifies for a license 
25 to carry a concealed firearm under this Act, or whether the 
26 applicant remains in compliance with the Firearm Owners 
 
 
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1 Identification Card Act;
2  (4) an affirmation that the applicant possesses a 
3 currently valid Firearm Owner's Identification Card and 
4 card number if possessed or notice the applicant is 
5 applying for a Firearm Owner's Identification Card in 
6 conjunction with the license application;
7  (5) an affirmation that the applicant has not been 
8 convicted or found guilty of:
9   (A) a felony;
10   (B) a misdemeanor involving the use or threat of 
11 physical force or violence to any person within the 5 
12 years preceding the date of the application; or
13   (C) 2 or more violations related to driving while 
14 under the influence of alcohol, other drug or drugs, 
15 intoxicating compound or compounds, or any combination 
16 thereof, within the 5 years preceding the date of the 
17 license application; and
18  (6) whether the applicant has failed a drug test for a 
19 drug for which the applicant did not have a prescription, 
20 within the previous year, and if so, the provider of the 
21 test, the specific substance involved, and the date of the 
22 test;
23  (7) written consent for the Department to review and 
24 use the applicant's Illinois digital driver's license or 
25 Illinois identification card photograph and signature;
26  (8) a full set of fingerprints submitted to the 
 
 
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1 Department in electronic format for the purpose of 
2 verification of identity , provided the Department may 
3 accept an application submitted without a set of 
4 fingerprints in which case the Department shall be granted 
5 30 days in addition to the 90 days provided under 
6 subsection (e) of Section 10 of this Act to issue or deny a 
7 license;
8  (9) a head and shoulder color photograph in a size 
9 specified by the Department taken within the 30 days 
10 preceding the date of the license application; and
11  (10) a photocopy of any certificates or other evidence 
12 of compliance with the training requirements under this 
13 Act.

14(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)