99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3919
 
Introduced , by Rep. Bill Mitchell
 
SYNOPSIS AS INTRODUCED:






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

 Amends the Firearm Owners Identification Card Act. Eliminates provision that each applicant for a Firearm Owner's Identification Card who is over
the age of 18, other than a person employed as a law enforcement officer, an armed security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois resident, shall furnish to the Department of State Police either his or
her Illinois driver's license number or Illinois Identification Card number.



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A BILL FOR
 


HB3919LRB099 09386 RLC 29593 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 intellectually disabled;


14   (vi) He or she is not an alien who is unlawfully 
15 present in the
United States under the laws of the 
16 United States;


17   (vii) He or she is not subject to an existing order 
18 of protection
prohibiting him or her from possessing a 
19 firearm;


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


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

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


15   (x) (Blank);


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


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


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


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


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


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


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


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


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


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

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

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

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

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

21 (a-5) (Blank). Each applicant for a Firearm Owner's 
22Identification Card who is over
the age of 18 shall furnish to 
23the Department of State Police either his or
her Illinois 
24driver's license number or Illinois Identification Card 
25number, except as
provided in subsection (a-10).

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

3permanently assigned in Illinois and who is not an Illinois 
4resident, shall furnish to
the Department of State Police his 
5or her driver's license number or state
identification card 
6number from his or her state of residence. The Department
of 
7State Police may adopt rules to enforce the provisions of this

8subsection (a-10).

9 (a-15) If an applicant applying for a Firearm Owner's 
10Identification Card moves from the residence address named in 
11the application, he or she shall immediately notify in a form 
12and manner prescribed by the Department of State Police of that 
13change of address.
14 (a-20) Each applicant for a Firearm Owner's Identification 
15Card shall furnish to the Department of State Police his or her 
16photograph. An applicant who is 21 years of age or older 
17seeking a religious exemption to the photograph requirement 
18must furnish with the application an approved copy of United 
19States Department of the Treasury Internal Revenue Service Form 
204029. In lieu of a photograph, an applicant regardless of age 
21seeking a religious exemption to the photograph requirement 
22shall submit fingerprints on a form and manner prescribed by 
23the Department with his or her application. 
24 (b) Each application form shall include the following 
25statement printed in
bold type: "Warning: Entering false 
26information on an application for a Firearm
Owner's 
 
 
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1Identification Card is punishable as a Class 2 felony in 
2accordance
with subsection (d-5) of Section 14 of the Firearm 
3Owners Identification Card
Act.".

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

8(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, 
9eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; 
1098-63, eff. 7-9-13.)