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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2883 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/2.5 new | | 430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 | 430 ILCS 65/8 | from Ch. 38, par. 83-8 |
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Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall create and maintain a database that a person can voluntarily apply to in order to be barred from purchasing a firearm. Provides that the application shall be notarized and submitted to the Department, in a form and manner prescribed by the Department. Provides that a person shall remain on the database until he or she submits a notarized withdrawal application. Provides that the withdrawal application shall automatically be approved and become effective 7 days after receipt by the Department. Provides that the Department has authority to deny an
application for or to revoke and seize a Firearm Owner's Identification
Card previously issued under the Act only if the Department finds that the
applicant or the person to whom such card was issued is or was at the time
of issuance a person who voluntarily registers on the Department's voluntary do not sell to database.
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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 Sections 3.1 and 8 and by adding Section |
| 6 | | 2.5 as follows:
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| 7 | | (430 ILCS 65/2.5 new) |
| 8 | | Sec. 2.5. Voluntary database; purchase of firearms. The |
| 9 | | Department of State Police shall create and maintain a database |
| 10 | | that a person can voluntarily apply to in order to be barred |
| 11 | | from purchasing a firearm. The application shall be notarized |
| 12 | | and submitted to the Department, in a form and manner |
| 13 | | prescribed by the Department. The Department shall immediately |
| 14 | | update the database upon receipt of each application. A person |
| 15 | | shall remain on the database until he or she submits a |
| 16 | | notarized withdrawal application to the Department, in a form |
| 17 | | and manner prescribed by the Department. The withdrawal |
| 18 | | application shall automatically be approved and become |
| 19 | | effective 7 days after receipt by the Department. The |
| 20 | | Department shall immediately update its database once an |
| 21 | | application becomes effective and remove the person from the |
| 22 | | database.
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| 1 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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| 2 | | Sec. 3.1. Dial up system. |
| 3 | | (a) The Department of State Police shall provide
a dial up |
| 4 | | telephone system or utilize other existing technology which |
| 5 | | shall be used by any federally licensed
firearm dealer, gun |
| 6 | | show promoter, or gun show vendor who is to transfer a firearm, |
| 7 | | stun gun, or taser under the provisions of this
Act. The |
| 8 | | Department of State Police may utilize existing technology |
| 9 | | which
allows the caller to be charged a fee not to exceed $2. |
| 10 | | Fees collected by the Department of
State Police shall be |
| 11 | | deposited in the State Police Services Fund and used
to provide |
| 12 | | the service.
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| 13 | | (b) Upon receiving a request from a federally licensed |
| 14 | | firearm dealer, gun show promoter, or gun show vendor, the
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| 15 | | Department of State Police shall immediately approve, or within |
| 16 | | the time
period established by Section 24-3 of the Criminal |
| 17 | | Code of 2012 regarding
the delivery of firearms, stun guns, and |
| 18 | | tasers notify the inquiring dealer, gun show promoter, or gun |
| 19 | | show vendor of any objection that
would disqualify the |
| 20 | | transferee from acquiring or possessing a firearm, stun gun, or |
| 21 | | taser. In
conducting the inquiry, the Department of State |
| 22 | | Police shall initiate and
complete an automated search of its |
| 23 | | criminal history record information
files and those of the |
| 24 | | Federal Bureau of Investigation, including the
National |
| 25 | | Instant Criminal Background Check System, the Department of |
| 26 | | State Police voluntary do not sell to database, and of the |
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| 1 | | files of
the Department of Human Services relating to mental |
| 2 | | health and
developmental disabilities to obtain
any felony |
| 3 | | conviction or patient hospitalization information which would
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| 4 | | disqualify a person from obtaining or require revocation of a |
| 5 | | currently
valid Firearm Owner's Identification Card. |
| 6 | | (c) If receipt of a firearm would not violate Section 24-3 |
| 7 | | of the Criminal Code of 2012, federal law, or this Act the |
| 8 | | Department of State Police shall: |
| 9 | | (1) assign a unique identification number to the |
| 10 | | transfer; and |
| 11 | | (2) provide the licensee, gun show promoter, or gun |
| 12 | | show vendor with the number. |
| 13 | | (d) Approvals issued by the Department of State Police for |
| 14 | | the purchase of a firearm are valid for 30 days from the date |
| 15 | | of issue.
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| 16 | | (e) (1) The Department of State Police must act as the |
| 17 | | Illinois Point of Contact
for the National Instant Criminal |
| 18 | | Background Check System. |
| 19 | | (2) The Department of State Police and the Department of |
| 20 | | Human Services shall, in accordance with State and federal law |
| 21 | | regarding confidentiality, enter into a memorandum of |
| 22 | | understanding with the Federal Bureau of Investigation for the |
| 23 | | purpose of implementing the National Instant Criminal |
| 24 | | Background Check System in the State. The Department of State |
| 25 | | Police shall report the name, date of birth, and physical |
| 26 | | description of any person prohibited from possessing a firearm |
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| 1 | | pursuant to the Firearm Owners Identification Card Act or 18 |
| 2 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
| 3 | | Background Check System Index, Denied Persons Files.
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| 4 | | (3) The Department of State Police shall provide notice of |
| 5 | | the disqualification of a person under subsection (b) of this |
| 6 | | Section or the revocation of a person's Firearm Owner's |
| 7 | | Identification Card under Section 8 or Section 8.2 of this Act, |
| 8 | | and the reason for the disqualification or revocation, to all |
| 9 | | law enforcement agencies with jurisdiction to assist with the |
| 10 | | seizure of the person's Firearm Owner's Identification Card. |
| 11 | | (f) The Department of State Police shall adopt rules not |
| 12 | | inconsistent with this Section to implement this
system.
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| 13 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
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| 14 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 15 | | Sec. 8. Grounds for denial and revocation. The Department |
| 16 | | of State Police has authority to deny an
application for or to |
| 17 | | revoke and seize a Firearm Owner's Identification
Card |
| 18 | | previously issued under this Act only if the Department finds |
| 19 | | that the
applicant or the person to whom such card was issued |
| 20 | | is or was at the time
of issuance:
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| 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;
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| 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;
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| 5 | | (c) A person convicted of a felony under the laws of |
| 6 | | this or any other
jurisdiction;
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| 7 | | (d) A person addicted to narcotics;
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| 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;
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| 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;
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| 24 | | (g) A person who has an intellectual disability;
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| 25 | | (h) A person who intentionally makes a false statement |
| 26 | | in the Firearm
Owner's Identification Card application;
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| 1 | | (h-5) A person who voluntarily registers on the |
| 2 | | Department's voluntary do not sell to database; |
| 3 | | (i) An alien who is unlawfully present in
the United |
| 4 | | States under the laws of the United States;
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| 5 | | (i-5) An alien who has been admitted to the United |
| 6 | | States under a
non-immigrant visa (as that term is defined |
| 7 | | in Section 101(a)(26) of the
Immigration and Nationality |
| 8 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
| 9 | | (i-5) does not apply to any alien who has been lawfully |
| 10 | | admitted to
the United States under a non-immigrant visa if |
| 11 | | that alien is:
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| 12 | | (1) admitted to the United States for lawful |
| 13 | | hunting or sporting purposes;
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| 14 | | (2) an official representative of a foreign |
| 15 | | government who is:
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| 16 | | (A) accredited to the United States Government |
| 17 | | or the Government's
mission to an international |
| 18 | | organization having its headquarters in the United
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| 19 | | States; or
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| 20 | | (B) en route to or from another country to |
| 21 | | which that alien is
accredited;
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| 22 | | (3) an official of a foreign government or |
| 23 | | distinguished foreign visitor
who has been so |
| 24 | | designated by the Department of State;
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| 25 | | (4) a foreign law enforcement officer of a friendly |
| 26 | | foreign government
entering the United States on |
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| 1 | | official business; or
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| 2 | | (5) one who has received a waiver from the Attorney |
| 3 | | General of the United
States pursuant to 18 U.S.C. |
| 4 | | 922(y)(3);
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| 5 | | (j) (Blank);
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| 6 | | (k) A person who has been convicted within the past 5 |
| 7 | | years of battery,
assault, aggravated assault, violation |
| 8 | | of an order of protection, or a
substantially similar |
| 9 | | offense in another jurisdiction, in which a firearm was
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| 10 | | used or possessed;
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| 11 | | (l) A person who has been convicted of domestic |
| 12 | | battery, aggravated domestic battery, or a substantially
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| 13 | | similar offense in another jurisdiction committed before, |
| 14 | | on or after January 1, 2012 (the effective date of Public |
| 15 | | Act 97-158). If the applicant or person who has been |
| 16 | | previously issued a Firearm Owner's Identification Card |
| 17 | | under this Act knowingly and intelligently waives the right |
| 18 | | to have an offense described in this paragraph (l) tried by |
| 19 | | a jury, and by guilty plea or otherwise, results in a |
| 20 | | conviction for an offense in which a domestic relationship |
| 21 | | is not a required element of the offense but in which a |
| 22 | | determination of the applicability of 18 U.S.C. 922(g)(9) |
| 23 | | is made under Section 112A-11.1 of the Code of Criminal |
| 24 | | Procedure of 1963, an entry by the court of a judgment of |
| 25 | | conviction for that offense shall be grounds for denying an |
| 26 | | application for and for revoking and seizing a Firearm |
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| 1 | | Owner's Identification Card previously issued to the |
| 2 | | person under this Act;
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| 3 | | (m) (Blank);
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| 4 | | (n) A person who is prohibited from acquiring or |
| 5 | | possessing
firearms or firearm ammunition by any Illinois |
| 6 | | State statute or by federal
law;
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| 7 | | (o) A minor subject to a petition filed under Section |
| 8 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
| 9 | | minor is a delinquent minor for
the commission of an |
| 10 | | offense that if committed by an adult would be a felony;
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| 11 | | (p) An adult who had been adjudicated a delinquent |
| 12 | | minor under the Juvenile
Court Act of 1987 for the |
| 13 | | commission of an offense that if committed by an
adult |
| 14 | | would be a felony;
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| 15 | | (q) A person who is not a resident of the State of |
| 16 | | Illinois, except as provided in subsection (a-10) of |
| 17 | | Section 4; |
| 18 | | (r) A person who has been adjudicated as a person with |
| 19 | | a mental disability; |
| 20 | | (s) A person who has been found to have a developmental |
| 21 | | disability; |
| 22 | | (t) A person involuntarily admitted into a mental |
| 23 | | health facility; or |
| 24 | | (u) A person who has had his or her Firearm Owner's |
| 25 | | Identification Card revoked or denied under subsection (e) |
| 26 | | of this Section or item (iv) of paragraph (2) of subsection |
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| 1 | | (a) of Section 4 of this Act because he or she was a |
| 2 | | patient in a mental health facility as provided in |
| 3 | | subsection (e) of this Section, shall not be permitted to |
| 4 | | obtain a Firearm Owner's Identification Card, after the |
| 5 | | 5-year period has lapsed, unless he or she has received a |
| 6 | | mental health evaluation by a physician, clinical |
| 7 | | psychologist, or qualified examiner as those terms are |
| 8 | | defined in the Mental Health and Developmental |
| 9 | | Disabilities Code, and has received a certification that he |
| 10 | | or she is not a clear and present danger to himself, |
| 11 | | herself, or others. The physician, clinical psychologist, |
| 12 | | or qualified examiner making the certification and his or |
| 13 | | her employer shall not be held criminally, civilly, or |
| 14 | | professionally liable for making or not making the |
| 15 | | certification required under this subsection, except for |
| 16 | | willful or wanton misconduct. This subsection does not |
| 17 | | apply to a person whose firearm possession rights have been |
| 18 | | restored through administrative or judicial action under |
| 19 | | Section 10 or 11 of this Act. |
| 20 | | Upon revocation of a person's Firearm Owner's |
| 21 | | Identification Card, the Department of State Police shall |
| 22 | | provide notice to the person and the person shall comply with |
| 23 | | Section 9.5 of this Act. |
| 24 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, |
| 25 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
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