102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3352
 
Introduced , by Rep. Charles Meier
 
SYNOPSIS AS INTRODUCED:



    
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 in which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. 



LRB102 16959 RLC 22377 b


 
 
A BILL FOR
 


HB3352LRB102 16959 RLC 22377 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 and 8 as follows:



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


7 Sec. 4. Application for Firearm Owner's Identification 
8Cards. 
9 (a) Each applicant for a Firearm Owner's Identification 
10Card must: 

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

16  (2) Submit evidence to the Department of State Police 
17 that:

18   (i) This subparagraph (i) applies through the 
19 180th day following the effective date of this 
20 amendatory Act of the 101st General Assembly. He or 
21 she is 21 years of age or over, or if he or she is 
22 under 21
years of age that he or she has the written 
23 consent of his or her parent or
legal guardian to 
 
 
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1 possess and acquire firearms and firearm ammunition 
2 and that
he or she has never been convicted of a 
3 misdemeanor other than a traffic
offense or adjudged

4 delinquent, provided, however, that such parent or 
5 legal guardian is not an
individual prohibited from 
6 having a Firearm Owner's Identification Card and
files 
7 an affidavit with the Department as prescribed by the 
8 Department
stating that he or she is not an individual 
9 prohibited from having a Card;
10   (i-5) This subparagraph (i-5) applies on and after 
11 the 181st day following the effective date of this 
12 amendatory Act of the 101st General Assembly. He or 
13 she is 18 21 years of age or over, or if he or she is 
14 under 18 21
years of age that he or she has never been 
15 convicted of a misdemeanor other than a traffic 
16 offense or adjudged delinquent and is an active duty 
17 member of the United States Armed Forces or has the 
18 written consent of his or her parent or
legal guardian 
19 to possess and acquire firearms and firearm 
20 ammunition, provided, however, that , if the applicant 
21 is under 18 years of age, the such parent or legal 
22 guardian is not an
individual prohibited from having a 
23 Firearm Owner's Identification Card and
files an 
24 affidavit with the Department as prescribed by the 
25 Department
stating that he or she is not an individual 
26 prohibited from having a Card or the active duty 
 
 
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1 member of the United States Armed Forces under 18 21 
2 years of age annually submits proof to the Department 
3 of State Police, in a manner prescribed by the 
4 Department; 

5   (i-6) If he or she is under 21 years of age that he 
6 or she has never been convicted of a misdemeanor other 
7 than a traffic offense or adjudged delinquent; 
8   (ii) He or she has not been convicted of a felony 
9 under the laws of
this or any other jurisdiction;

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

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

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

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

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

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

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

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

19   (x) (Blank);

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

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

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

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

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

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

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

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

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

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

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

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

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

3provided in subsection (a-10).

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

7permanently assigned in Illinois and who is not an Illinois 
8resident, shall furnish to
the Department of State Police his 
9or her driver's license number or state
identification card 
10number from his or her state of residence. The Department
of 
11State Police may adopt rules to enforce the provisions of this

12subsection (a-10).

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

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

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




13 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

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

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

23  (b) This subsection (b) applies through the 180th day 
24 following the effective date of this amendatory Act of the 
25 101st General Assembly. A person under 21 years of age who 
 
 
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1 does not have the written consent
of his parent or 
2 guardian to acquire and possess firearms and firearm

3 ammunition, or whose parent or guardian has revoked such 
4 written consent,
or where such parent or guardian does not 
5 qualify to have a Firearm Owner's
Identification Card;
6  (b-5) This subsection (b-5) applies on and after the 
7 181st day following the effective date of this amendatory 
8 Act of the 101st General Assembly. A person under 18 21 
9 years of age who is not an active duty member of the United 
10 States Armed Forces and does not have the written consent

11 of his or her parent or guardian to acquire and possess 
12 firearms and firearm
ammunition, or whose parent or 
13 guardian has revoked such written consent,
or where such 
14 parent or guardian does not qualify to have a Firearm 
15 Owner's
Identification Card; 

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

18  (d) A person addicted to narcotics;

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

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

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

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

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

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

21   (1) admitted to the United States for lawful 
22 hunting or sporting purposes;

23   (2) an official representative of a foreign 
24 government who is:

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

2 States; or

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

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

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

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

14  (j) (Blank);

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

19 used or possessed;

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

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

12  (m) (Blank);

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

16  (o) A minor subject to a petition filed under Section 
17 5-520 of the
Juvenile Court Act of 1987 alleging that the 
18 minor is a delinquent minor for
the commission of an 
19 offense that if committed by an adult would be a felony;


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

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