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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2179 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/2 | from Ch. 38, par. 83-2 | 430 ILCS 65/4 | from Ch. 38, par. 83-4 | 430 ILCS 65/8 | from Ch. 38, par. 83-8 |
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Amends the Firearm Owners Identification Card Act. Lowers the age at which a person who is not an active duty member of the United States Armed Forces may apply for a Firearm Owner's Identification Card from 21 to 18 and provides that a person who is under 18 years of age may apply for a Firearm Owner's Identification Card without parental consent required if he or she is an active duty member of the United States Armed Forces. Provides that if the applicant is under 18 (rather than 21) years of age that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent and is an active duty member of the United States Armed Forces.
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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 2, 4, and 8 as follows:
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| 6 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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| 7 | | Sec. 2. Firearm Owner's Identification Card required; |
| 8 | | exceptions.
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| 9 | | (a) (1) No person may acquire or possess any firearm, stun |
| 10 | | gun, or taser within this State
without having in his or her |
| 11 | | possession a Firearm Owner's Identification Card
previously |
| 12 | | issued in his or her name by the Illinois State Police under
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| 13 | | the provisions of this Act.
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| 14 | | (2) No person may acquire or possess firearm ammunition |
| 15 | | within this
State without having in his or her possession a |
| 16 | | Firearm Owner's Identification
Card previously issued in his |
| 17 | | or her name by the Illinois State Police
under the provisions |
| 18 | | of this Act.
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| 19 | | (b) The provisions of this Section regarding the |
| 20 | | possession of firearms, firearm ammunition, stun guns, and |
| 21 | | tasers do not apply to:
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| 22 | | (1) United States Marshals, while engaged in the |
| 23 | | operation of their
official duties;
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| 1 | | (2) Members of the Armed Forces of the United States |
| 2 | | or the National
Guard, while engaged in the operation of |
| 3 | | their official duties;
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| 4 | | (3) Federal officials required to carry firearms, |
| 5 | | while engaged in the
operation of their official duties;
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| 6 | | (4) Members of bona fide veterans organizations which |
| 7 | | receive firearms
directly from the armed forces of the |
| 8 | | United States, while using the
firearms for ceremonial |
| 9 | | purposes with blank ammunition;
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| 10 | | (5) Nonresident hunters during hunting season, with |
| 11 | | valid nonresident
hunting licenses and while in an area |
| 12 | | where hunting is permitted; however,
at all other times |
| 13 | | and in all other places these persons must have their
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| 14 | | firearms unloaded and enclosed in a case;
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| 15 | | (6) Those hunters exempt from obtaining a hunting |
| 16 | | license who are
required to submit their Firearm Owner's |
| 17 | | Identification Card when hunting
on Department of Natural |
| 18 | | Resources owned or managed sites;
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| 19 | | (7) Nonresidents while on a firing or shooting range |
| 20 | | recognized by the
Illinois State Police; however, these |
| 21 | | persons must at all other times
and in all other places |
| 22 | | have their firearms unloaded and enclosed in a case;
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| 23 | | (8) Nonresidents while at a firearm showing or display |
| 24 | | recognized by
the Illinois State Police; however, at all |
| 25 | | other times and in all
other places these persons must |
| 26 | | have their firearms unloaded and enclosed
in a case;
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| 1 | | (9) Nonresidents whose firearms are unloaded and |
| 2 | | enclosed in a case;
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| 3 | | (10) Nonresidents who are currently licensed or |
| 4 | | registered to possess a
firearm in their resident state;
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| 5 | | (11) Unemancipated minors while in the custody and |
| 6 | | immediate control of
their parent or legal guardian or |
| 7 | | other person in loco parentis to the
minor if the parent or |
| 8 | | legal guardian or other person in loco parentis to
the |
| 9 | | minor has a currently valid Firearm Owner's Identification
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| 10 | | Card;
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| 11 | | (12) Color guards of bona fide veterans organizations |
| 12 | | or members of bona
fide American Legion bands while using |
| 13 | | firearms for ceremonial purposes
with blank ammunition;
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| 14 | | (13) Nonresident hunters whose state of residence does |
| 15 | | not require
them to be licensed or registered to possess a |
| 16 | | firearm and only during
hunting season, with valid hunting |
| 17 | | licenses, while accompanied by, and
using a firearm owned |
| 18 | | by, a person who possesses a valid Firearm Owner's
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| 19 | | Identification Card and while in an area within a |
| 20 | | commercial club licensed
under the Wildlife Code where |
| 21 | | hunting is permitted and controlled, but in
no instance |
| 22 | | upon sites owned or managed by the Department of Natural
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| 23 | | Resources;
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| 24 | | (14) Resident hunters who are properly authorized to |
| 25 | | hunt and,
while accompanied by a person who possesses a |
| 26 | | valid Firearm Owner's
Identification Card, hunt in an area |
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| 1 | | within a commercial club licensed
under the Wildlife Code |
| 2 | | where hunting is permitted and controlled; and
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| 3 | | (15) A person who is otherwise eligible to obtain a |
| 4 | | Firearm Owner's
Identification Card under this Act and is |
| 5 | | under the direct supervision of a
holder of a Firearm
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| 6 | | Owner's Identification Card who is 18 21 years of age or |
| 7 | | older while the person is
on a firing or shooting range
or |
| 8 | | is a
participant in a firearms safety and training course |
| 9 | | recognized by a law
enforcement agency or a national, |
| 10 | | statewide shooting sports organization. |
| 11 | | (c) The provisions of this Section regarding the |
| 12 | | acquisition and possession
of firearms, firearm ammunition, |
| 13 | | stun guns, and tasers do not apply to law enforcement |
| 14 | | officials
of this or any other jurisdiction, while engaged in |
| 15 | | the operation of their
official duties.
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| 16 | | (c-5) The provisions of paragraphs (1) and (2) of |
| 17 | | subsection (a) of this Section regarding the possession of |
| 18 | | firearms
and firearm ammunition do not apply to the holder of a |
| 19 | | valid concealed carry
license issued under the Firearm |
| 20 | | Concealed Carry Act who is in physical
possession of the |
| 21 | | concealed carry license. |
| 22 | | (d) Any person who becomes a resident of this State, who is |
| 23 | | not otherwise prohibited from obtaining, possessing, or using |
| 24 | | a firearm or firearm ammunition, shall not be required to have |
| 25 | | a Firearm Owner's Identification Card to possess firearms or |
| 26 | | firearms ammunition until 60 calendar days after he or she |
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| 1 | | obtains an Illinois driver's license or Illinois |
| 2 | | Identification Card. |
| 3 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
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| 4 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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| 5 | | Sec. 4. Application for Firearm Owner's Identification |
| 6 | | Cards. |
| 7 | | (a) Each applicant for a Firearm Owner's Identification |
| 8 | | Card must:
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| 9 | | (1) Submit an application as made available by the |
| 10 | | Illinois State Police; and
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| 11 | | (2) Submit evidence to the Illinois State Police that:
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| 12 | | (i) (Blank); This subparagraph (i) applies through |
| 13 | | the 180th day following July 12, 2019 (the effective |
| 14 | | date of Public Act 101-80). He or she is 21 years of |
| 15 | | age or over, or if he or she is under 21
years of age |
| 16 | | that he or she has the written consent of his or her |
| 17 | | parent or
legal guardian to possess and acquire |
| 18 | | firearms and firearm ammunition and that
he or she has |
| 19 | | never been convicted of a misdemeanor other than a |
| 20 | | traffic
offense or adjudged
delinquent, provided, |
| 21 | | however, that such parent or legal guardian is not an
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| 22 | | individual prohibited from having a Firearm Owner's |
| 23 | | Identification Card and
files an affidavit with the |
| 24 | | Department as prescribed by the Department
stating |
| 25 | | that he or she is not an individual prohibited from |
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| 1 | | having a Card; |
| 2 | | (i-5) This subparagraph (i-5) applies on and after |
| 3 | | the 181st day following July 12, 2019 (the effective |
| 4 | | date of Public Act 101-80). He or she is 18 21 years of |
| 5 | | age or over, or if he or she is under 18 21
years of |
| 6 | | age that he or she has never been convicted of a |
| 7 | | misdemeanor other than a traffic offense or adjudged |
| 8 | | delinquent and is an active duty member of the United |
| 9 | | States Armed Forces or the Illinois National Guard or |
| 10 | | has the written consent of his or her parent or
legal |
| 11 | | guardian to possess and acquire firearms and firearm |
| 12 | | ammunition, provided, however, that such parent or |
| 13 | | legal guardian is not an
individual prohibited from |
| 14 | | having a Firearm Owner's Identification Card and
files |
| 15 | | an affidavit with the Illinois State Police as |
| 16 | | prescribed by the Illinois State Police
stating that |
| 17 | | he or she is not an individual prohibited from having a |
| 18 | | Card or the active duty member of the United States |
| 19 | | Armed Forces or the Illinois National Guard under 21 |
| 20 | | years of age annually submits proof to the Illinois |
| 21 | | State Police, in a manner prescribed by the Illinois |
| 22 | | State Police;
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| 23 | | (ii) He or she has not been convicted of a felony |
| 24 | | under the laws of
this or any other jurisdiction;
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| 25 | | (iii) He or she is not addicted to narcotics;
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| 26 | | (iv) He or she has not been a patient in a mental |
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| 1 | | health facility within
the past 5 years or, if he or |
| 2 | | she has been a patient in a mental health facility more |
| 3 | | than 5 years ago submit the certification required |
| 4 | | under subsection (u) of Section 8 of this Act;
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| 5 | | (v) He or she is not a person with an intellectual |
| 6 | | disability;
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| 7 | | (vi) He or she is not a noncitizen who is |
| 8 | | unlawfully present in the
United States under the laws |
| 9 | | of the United States;
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| 10 | | (vii) He or she is not subject to an existing order |
| 11 | | of protection
prohibiting him or her from possessing a |
| 12 | | firearm;
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| 13 | | (viii) He or she has not been convicted within the |
| 14 | | past 5 years of
battery, assault, aggravated assault, |
| 15 | | violation of an order of
protection, or a |
| 16 | | substantially similar offense in another jurisdiction, |
| 17 | | in
which a firearm was used or possessed;
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| 18 | | (ix) He or she has not been convicted of domestic |
| 19 | | battery, aggravated domestic battery, or a
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| 20 | | substantially similar offense in another
jurisdiction |
| 21 | | committed before, on or after January 1, 2012 (the |
| 22 | | effective date of Public Act 97-158). If the applicant |
| 23 | | knowingly and intelligently waives the right to have |
| 24 | | an offense described in this clause (ix) tried by a |
| 25 | | jury, and by guilty plea or otherwise, results in a |
| 26 | | conviction for an offense in which a domestic |
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| 1 | | relationship is not a required element of the offense |
| 2 | | but in which a determination of the applicability of |
| 3 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of |
| 4 | | the Code of Criminal Procedure of 1963, an entry by the |
| 5 | | court of a judgment of conviction for that offense |
| 6 | | shall be grounds for denying the issuance of a Firearm |
| 7 | | Owner's Identification Card under this Section;
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| 8 | | (x) (Blank);
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| 9 | | (xi) He or she is not a noncitizen who has been |
| 10 | | admitted to the United
States under a non-immigrant |
| 11 | | visa (as that term is defined in Section
101(a)(26) of |
| 12 | | the Immigration and Nationality Act (8 U.S.C. |
| 13 | | 1101(a)(26))),
or that he or she is a noncitizen who |
| 14 | | has been lawfully admitted to the United
States under |
| 15 | | a non-immigrant visa if that noncitizen is:
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| 16 | | (1) admitted to the United States for lawful |
| 17 | | hunting or sporting
purposes;
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| 18 | | (2) an official representative of a foreign |
| 19 | | government who is:
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| 20 | | (A) accredited to the United States |
| 21 | | Government or the Government's
mission to an |
| 22 | | international organization having its |
| 23 | | headquarters in the United
States; or
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| 24 | | (B) en route to or from another country to |
| 25 | | which that noncitizen is
accredited;
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| 26 | | (3) an official of a foreign government or |
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| 1 | | distinguished foreign
visitor who has been so |
| 2 | | designated by the Department of State;
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| 3 | | (4) a foreign law enforcement officer of a |
| 4 | | friendly foreign
government entering the United |
| 5 | | States on official business; or
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| 6 | | (5) one who has received a waiver from the |
| 7 | | Attorney General of the
United States pursuant to |
| 8 | | 18 U.S.C. 922(y)(3);
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| 9 | | (xii) He or she is not a minor subject to a |
| 10 | | petition filed
under Section 5-520 of the Juvenile |
| 11 | | Court Act of 1987 alleging that the
minor is a |
| 12 | | delinquent minor for the commission of an offense that |
| 13 | | if
committed by an adult would be a felony;
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| 14 | | (xiii) He or she is not an adult who had been |
| 15 | | adjudicated a delinquent
minor under the Juvenile |
| 16 | | Court Act of 1987 for the commission of an offense
that |
| 17 | | if committed by an adult would be a felony;
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| 18 | | (xiv) He or she is a resident of the State of |
| 19 | | Illinois; |
| 20 | | (xv) He or she has not been adjudicated as a person |
| 21 | | with a mental disability; |
| 22 | | (xvi) He or she has not been involuntarily |
| 23 | | admitted into a mental health facility; and |
| 24 | | (xvii) He or she is not a person with a |
| 25 | | developmental disability; and |
| 26 | | (3) Upon request by the Illinois State Police, sign a |
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| 1 | | release on a
form prescribed by the Illinois State Police |
| 2 | | waiving any right to
confidentiality and requesting the |
| 3 | | disclosure to the Illinois State Police
of limited mental |
| 4 | | health institution admission information from another |
| 5 | | state,
the District of Columbia, any other territory of |
| 6 | | the United States, or a
foreign nation concerning the |
| 7 | | applicant for the sole purpose of determining
whether the |
| 8 | | applicant is or was a patient in a mental health |
| 9 | | institution and
disqualified because of that status from |
| 10 | | receiving a Firearm Owner's
Identification Card. No mental |
| 11 | | health care or treatment records may be
requested. The |
| 12 | | information received shall be destroyed within one year of
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| 13 | | receipt.
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| 14 | | (a-5) Each applicant for a Firearm Owner's Identification |
| 15 | | Card who is over
the age of 18 shall furnish to the Illinois |
| 16 | | State Police either his or
her Illinois driver's license |
| 17 | | number or Illinois Identification Card number, except as
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| 18 | | provided in subsection (a-10).
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| 19 | | (a-10) Each applicant for a Firearm Owner's Identification |
| 20 | | Card,
who is employed as a law enforcement officer, an armed |
| 21 | | security officer in Illinois, or by the United States Military
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| 22 | | permanently assigned in Illinois and who is not an Illinois |
| 23 | | resident, shall furnish to
the Illinois State Police his or |
| 24 | | her driver's license number or state
identification card |
| 25 | | number from his or her state of residence. The Illinois State |
| 26 | | Police may adopt rules to enforce the provisions of this
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| 1 | | subsection (a-10).
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| 2 | | (a-15) If an applicant applying for a Firearm Owner's |
| 3 | | Identification Card moves from the residence address named in |
| 4 | | the application, he or she shall immediately notify in a form |
| 5 | | and manner prescribed by the Illinois State Police of that |
| 6 | | change of address. |
| 7 | | (a-20) Each applicant for a Firearm Owner's Identification |
| 8 | | Card shall furnish to the Illinois State Police his or her |
| 9 | | photograph. An applicant who is 21 years of age or older |
| 10 | | seeking a religious exemption to the photograph requirement |
| 11 | | must furnish with the application an approved copy of United |
| 12 | | States Department of the Treasury Internal Revenue Service |
| 13 | | Form 4029. In lieu of a photograph, an applicant regardless of |
| 14 | | age seeking a religious exemption to the photograph |
| 15 | | requirement shall submit fingerprints on a form and manner |
| 16 | | prescribed by the Illinois State Police with his or her |
| 17 | | application. |
| 18 | | (a-25) Beginning January 1, 2023, each applicant for the |
| 19 | | issuance of a Firearm Owner's Identification Card may include |
| 20 | | a full set of his or her fingerprints in electronic format to |
| 21 | | the Illinois State Police, unless the applicant has previously |
| 22 | | provided a full set of his or her fingerprints to the Illinois |
| 23 | | State Police under this Act or the Firearm Concealed Carry |
| 24 | | Act. |
| 25 | | The fingerprints must be transmitted through a live scan |
| 26 | | fingerprint vendor licensed by the Department of Financial and |
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| 1 | | Professional Regulation. The fingerprints shall be checked |
| 2 | | against the fingerprint records now and hereafter filed in the |
| 3 | | Illinois State Police and Federal Bureau of Investigation |
| 4 | | criminal history records databases, including all available |
| 5 | | State and local criminal history record information files. |
| 6 | | The Illinois State Police shall charge applicants a |
| 7 | | one-time fee for conducting the criminal history record check, |
| 8 | | which shall be deposited into the State Police Services Fund |
| 9 | | and shall not exceed the actual cost of the State and national |
| 10 | | criminal history record check. |
| 11 | | (a-26) The Illinois State Police shall research, explore, |
| 12 | | and report to the General Assembly by January 1, 2022 on the |
| 13 | | feasibility of permitting voluntarily submitted fingerprints |
| 14 | | obtained for purposes other than Firearm Owner's |
| 15 | | Identification Card enforcement that are contained in the |
| 16 | | Illinois State Police database for purposes of this Act. |
| 17 | | (b) Each application form shall include the following |
| 18 | | statement printed in
bold type: "Warning: Entering false |
| 19 | | information on an application for a Firearm
Owner's |
| 20 | | Identification Card is punishable as a Class 2 felony in |
| 21 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
| 22 | | Owners Identification Card
Act.".
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| 23 | | (c) Upon such written consent, pursuant to Section 4, |
| 24 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
| 25 | | consent shall be liable for any
damages resulting from the |
| 26 | | applicant's use of firearms or firearm ammunition.
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| 1 | | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; |
| 2 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. |
| 3 | | 5-27-22; 102-1116, eff. 1-10-23.)
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| 4 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 5 | | Sec. 8. Grounds for denial and revocation. The Illinois |
| 6 | | State Police has authority to deny an
application for or to |
| 7 | | revoke and seize a Firearm Owner's Identification
Card |
| 8 | | previously issued under this Act only if the Illinois State |
| 9 | | Police finds that the
applicant or the person to whom such card |
| 10 | | was issued is or was at the time
of issuance:
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| 11 | | (a) A person under 21 years of age who has been |
| 12 | | convicted of a
misdemeanor other than a traffic offense or |
| 13 | | adjudged delinquent;
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| 14 | | (b) (Blank); This subsection (b) applies through the |
| 15 | | 180th day following July 12, 2019 (the effective date of |
| 16 | | Public Act 101-80). A person under 21 years of age who does |
| 17 | | not have the written consent
of his parent or guardian to |
| 18 | | acquire and possess firearms and firearm
ammunition, or |
| 19 | | whose parent or guardian has revoked such written consent,
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| 20 | | or where such parent or guardian does not qualify to have a |
| 21 | | Firearm Owner's
Identification Card; |
| 22 | | (b-5) This subsection (b-5) applies on and after the |
| 23 | | 181st day following July 12, 2019 (the effective date of |
| 24 | | Public Act 101-80). A person under 18 21 years of age who |
| 25 | | is not an active duty member of the United States Armed |
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| 1 | | Forces or the Illinois National Guard and does not have |
| 2 | | the written consent
of his or her parent or guardian to |
| 3 | | acquire and possess firearms and firearm
ammunition, or |
| 4 | | whose parent or guardian has revoked such written consent,
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| 5 | | or where such parent or guardian does not qualify to have a |
| 6 | | Firearm Owner's
Identification Card;
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| 7 | | (c) A person convicted of a felony under the laws of |
| 8 | | this or any other
jurisdiction;
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| 9 | | (d) A person addicted to narcotics;
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| 10 | | (e) A person who has been a patient of a mental health |
| 11 | | facility within the
past 5 years or a person who has been a |
| 12 | | patient in a mental health facility more than 5 years ago |
| 13 | | who has not received the certification required under |
| 14 | | subsection (u) of this Section. An active law enforcement |
| 15 | | officer employed by a unit of government or a Department |
| 16 | | of Corrections employee authorized to possess firearms who |
| 17 | | is denied, revoked, or has his or her Firearm Owner's |
| 18 | | Identification Card seized under this subsection (e) may |
| 19 | | obtain relief as described in subsection (c-5) of Section |
| 20 | | 10 of this Act if the officer or employee did not act in a |
| 21 | | manner threatening to the officer or employee, another |
| 22 | | person, or the public as determined by the treating |
| 23 | | clinical psychologist or physician, and the officer or |
| 24 | | employee seeks mental health treatment;
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| 25 | | (f) A person whose mental condition is of such a |
| 26 | | nature that it poses
a clear and present danger to the |
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| 1 | | applicant, any other person or persons, or
the community;
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| 2 | | (g) A person who has an intellectual disability;
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| 3 | | (h) A person who intentionally makes a false statement |
| 4 | | in the Firearm
Owner's Identification Card application or |
| 5 | | endorsement affidavit;
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| 6 | | (i) A noncitizen who is unlawfully present in
the |
| 7 | | United States under the laws of the United States;
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| 8 | | (i-5) A noncitizen who has been admitted to the United |
| 9 | | States under a
non-immigrant visa (as that term is defined |
| 10 | | in Section 101(a)(26) of the
Immigration and Nationality |
| 11 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
| 12 | | (i-5) does not apply to any noncitizen who has been |
| 13 | | lawfully admitted to
the United States under a |
| 14 | | non-immigrant visa if that noncitizen is:
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| 15 | | (1) admitted to the United States for lawful |
| 16 | | hunting or sporting purposes;
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| 17 | | (2) an official representative of a foreign |
| 18 | | government who is:
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| 19 | | (A) accredited to the United States Government |
| 20 | | or the Government's
mission to an international |
| 21 | | organization having its headquarters in the United
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| 22 | | States; or
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| 23 | | (B) en route to or from another country to |
| 24 | | which that noncitizen is
accredited;
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| 25 | | (3) an official of a foreign government or |
| 26 | | distinguished foreign visitor
who has been so |
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| 1 | | designated by the Department of State;
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| 2 | | (4) a foreign law enforcement officer of a |
| 3 | | friendly foreign government
entering the United States |
| 4 | | on official business; or
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| 5 | | (5) one who has received a waiver from the |
| 6 | | Attorney General of the United
States pursuant to 18 |
| 7 | | U.S.C. 922(y)(3);
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| 8 | | (j) (Blank);
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| 9 | | (k) A person who has been convicted within the past 5 |
| 10 | | years of battery,
assault, aggravated assault, violation |
| 11 | | of an order of protection, or a
substantially similar |
| 12 | | offense in another jurisdiction, in which a firearm was
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| 13 | | used or possessed;
|
| 14 | | (l) A person who has been convicted of domestic |
| 15 | | battery, aggravated domestic battery, or a substantially
|
| 16 | | similar offense in another jurisdiction committed before, |
| 17 | | on or after January 1, 2012 (the effective date of Public |
| 18 | | Act 97-158). If the applicant or person who has been |
| 19 | | previously issued a Firearm Owner's Identification Card |
| 20 | | under this Act knowingly and intelligently waives the |
| 21 | | right to have an offense described in this paragraph (l) |
| 22 | | tried by a jury, and by guilty plea or otherwise, results |
| 23 | | in a conviction for an offense in which a domestic |
| 24 | | relationship is not a required element of the offense but |
| 25 | | in which a determination of the applicability of 18 U.S.C. |
| 26 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
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| 1 | | Criminal Procedure of 1963, an entry by the court of a |
| 2 | | judgment of conviction for that offense shall be grounds |
| 3 | | for denying an application for and for revoking and |
| 4 | | seizing a Firearm Owner's Identification Card previously |
| 5 | | issued to the person under this Act;
|
| 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 |
| 24 | | developmental disability; |
| 25 | | (t) A person involuntarily admitted into a mental |
| 26 | | health facility; or |
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| 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 |
| 4 | | subsection (a) of Section 4 of this Act because he or she |
| 5 | | was a 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 |
| 13 | | he 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 |
| 21 | | been restored through administrative or judicial action |
| 22 | | under Section 10 or 11 of this Act. |
| 23 | | Upon revocation of a person's Firearm Owner's |
| 24 | | Identification Card, the Illinois State Police shall provide |
| 25 | | notice to the person and the person shall comply with Section |
| 26 | | 9.5 of this Act. |