101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3104
 
Introduced , by Rep. Jennifer Gong-Gershowitz
 
SYNOPSIS AS INTRODUCED:



  
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 66/30
430 ILCS 66/50

 Amends the Firearm Owners Identification Card Act. Provides that 180 days after the effective date of the amendatory Act, an applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of his or her fingerprints in electronic format to the Department of State Police for the purpose of identity verification, unless the applicant has previously provided a full set of his or her fingerprints to the Department under the Act or the Firearm Concealed Carry Act. Provides that the fingerprints must be transmitted through a live scan fingerprint vendor licensed by the Department of Financial and Professional Regulation or a criminal justice agency authorized by the Department to submit fingerprints. Provides that the fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department and Federal Bureau of Investigation criminal history records databases, including all available state and local criminal history record information files, including records of juvenile adjudications. Provides that the Department shall charge applicants a fee for conducting the criminal history record check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the State and national criminal history record check. Amends the Firearm Concealed Carry Act. Provides that an applicant for renewal need not resubmit a full set of fingerprints if the applicant has previously done so under the Act or the Firearm Owners Identification Card Act.



LRB101 06946 SLF 51979 b


 
 
A BILL FOR
 


HB3104LRB101 06946 SLF 51979 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 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) Beginning 180 days after the effective date of this 
26amendatory Act of the 101st General Assembly, each applicant 
 
 
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1for the issuance or renewal of a Firearm Owner's Identification 
2Card shall include a full set of his or her fingerprints in 
3electronic format to the Department of State Police for the 
4purpose of identity verification, unless the applicant has 
5previously provided a full set of his or her fingerprints to 
6the Department under this Act or the Firearm Concealed Carry 
7Act.
8   (1) The fingerprints must be transmitted through a 
9 live scan fingerprint vendor licensed by the 
10 Department of Financial and Professional Regulation or 
11 a criminal justice agency authorized by the Department 
12 to submit fingerprints under this Act or the Firearm 
13 Concealed Carry Act. These fingerprints shall be 
14 checked against the fingerprint records now and 
15 hereafter filed in the Department and Federal Bureau of 
16 Investigation criminal history records databases, 
17 including all available state and local criminal 
18 history record information files, including records of 
19 juvenile adjudications.
20   (2) The Department shall charge applicants a fee 
21 for conducting the criminal history record check, 
22 which shall be deposited in the State Police Services 
23 Fund and shall not exceed the actual cost of the State 
24 and national criminal history record check.
25 (b) Each application form shall include the following 
26statement printed in
bold type: "Warning: Entering false 
 
 
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1information on an application for a Firearm
Owner's 
2Identification Card is punishable as a Class 2 felony in 
3accordance
with subsection (d-5) of Section 14 of the Firearm 
4Owners Identification Card
Act.".

5 (c) Upon such written consent, pursuant to Section 4, 
6paragraph (a)(2)(i),
the parent or legal guardian giving the 
7consent shall be liable for any
damages resulting from the 
8applicant's use of firearms or firearm ammunition.

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


10 Section 10. The Firearm Concealed Carry Act is amended by 
11changing Sections 30 and 50 as follows:

12 (430 ILCS 66/30)

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

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

10 (430 ILCS 66/50)

11 Sec. 50. License renewal. Applications for renewal of a 
12license shall be made to the Department. A license shall be 
13renewed for a period of 5 years upon receipt of a completed 
14renewal application, completion of 3 hours of training required 
15under Section 75 of this Act, payment of the applicable renewal 
16fee, and completion of an investigation under Section 35 of 
17this Act. The renewal application shall contain the information 
18required in Section 30 of this Act, except that the applicant 
19need not resubmit a full set of fingerprints if the applicant 
20has previously provided a full set of his or her fingerprints 
21to the Department under this Act or the Firearm Owners 
22Identification Card Act.

23(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)