99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4359
 
Introduced , by Rep. Greg Harris
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Illinois Police Training Act. Provides that the annual training of each police chief and deputy police chief must include
at least one course on the Firearm Owners Identification Card
Act, the Firearm Concealed Carry Act, and firearms investigations. Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police has authority to deny an
application for or to revoke and seize a Firearm Owner's Identification
Card (FOID card) previously issued under the Act if the Department finds that the
applicant or the person to whom the card was issued is or was at the time
of issuance a person named on the consolidated Terrorist Watchlist
maintained by the Terrorist Screening Center administered by
the Federal Bureau of Investigation. Provides that if the Department of State Police has not received the Firearm Disposition
Record within 5 business days after sending notice of revocation and seizure of an FOID card, the Department must send a second notice to the sheriff and law enforcement
agency where the person resides. The second notice shall include the compliance requirements under the Act. Upon receiving the second notice, the sheriff or law enforcement agency shall report to the Department
the status and efforts pursued regarding compliance under the Act. If the person whose FOID card has been revoked fails to comply with the requirements of the Act, the sheriff or law enforcement agency where the person resides shall (rather than may) petition the court for a warrant to search for and seize the person's FOID card and firearms. Provides that within 30 days
after the effective date of the amendatory Act, and by January 31 of each year thereafter, the
Department of State Police shall provide written notice of the
requirements of this provision to every sheriff and law enforcement agency within the State. Effective immediately.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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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 Illinois Police Training Act is amended by 
5changing Section 10.7 as follows:

6 (50 ILCS 705/10.7)
7 Sec. 10.7. Mandatory training; police chief and deputy 
8police chief. Each police chief and deputy police chief shall 
9obtain at least 20 hours of training each year. The training 
10must be approved by the Illinois Law Enforcement Training and 
11Standards Board and must be related to law enforcement, 
12management or executive development, or ethics, and must 
13include
at least one course on the Firearm Owners 
14Identification Card
Act, the Firearm Concealed Carry Act, and 
15firearms investigations. This requirement may be satisfied by 
16attending any training portion of a conference held by an 
17association that represents chiefs of police that has been 
18approved by the Illinois Law Enforcement Training and Standards 
19Board. Any police chief and any deputy police chief, upon 
20presentation of a certificate of completion from the person or 
21entity conducting the training, shall be reimbursed by the 
22municipality in accordance with the municipal policy 
23regulating the terms of reimbursement, for his or her 
 
 
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1reasonable expenses in obtaining the training required under 
2this Section. No police chief or deputy police chief may attend 
3any recognized training offering without the prior approval of 
4his or her municipal mayor, manager, or immediate supervisor.
5 This Section does not apply to the City of Chicago or the 
6Sheriff's Police Department in Cook County.

7(Source: P.A. 94-354, eff. 1-1-06.)

8 Section 10. The Firearm Owners Identification Card Act is 
9amended by changing Sections 8 and 9.5 as follows:



10 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

11 Sec. 8. Grounds for denial and revocation. The Department 
12of State Police has authority to deny an
application for or to 
13revoke and seize a Firearm Owner's Identification
Card 
14previously issued under this Act only if the Department finds 
15that the
applicant or the person to whom such card was issued 
16is or was at the time
of issuance:

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

20  (b) A person under 21 years of age who does not have 
21 the written consent
of his parent or guardian to acquire 
22 and possess firearms and firearm
ammunition, or whose 
23 parent or guardian has revoked such written consent,
or 
24 where such parent or guardian does not qualify to have a 
 
 
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1 Firearm Owner's
Identification Card;

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

4  (d) A person addicted to narcotics;

5  (e) A person who has been a patient of a mental health 
6 facility within the
past 5 years or a person who has been a 
7 patient in a mental health facility more than 5 years ago 
8 who has not received the certification required under 
9 subsection (u) of this Section. An active law enforcement 
10 officer employed by a unit of government who is denied, 
11 revoked, or has his or her Firearm Owner's Identification 
12 Card seized under this subsection (e) may obtain relief as 
13 described in subsection (c-5) of Section 10 of this Act if 
14 the officer did not act in a manner threatening to the 
15 officer, another person, or the public as determined by the 
16 treating clinical psychologist or physician, and the 
17 officer seeks mental health treatment;

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

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

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

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

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

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

9   (2) an official representative of a foreign 
10 government who is:

11    (A) accredited to the United States Government 
12 or the Government's
mission to an international 
13 organization having its headquarters in the United

14 States; or

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

17   (3) an official of a foreign government or 
18 distinguished foreign visitor
who has been so 
19 designated by the Department of State;

20   (4) a foreign law enforcement officer of a friendly 
21 foreign government
entering the United States on 
22 official business; or

23   (5) one who has received a waiver from the Attorney 
24 General of the United
States pursuant to 18 U.S.C. 
25 922(y)(3);

26  (j) (Blank);

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

5 used or possessed;

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

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

24  (m) (Blank);

25  (n) A person who is prohibited from acquiring or 
26 possessing
firearms or firearm ammunition by any Illinois 
 
 
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1 State statute or by federal
law;

2  (o) A minor subject to a petition filed under Section 
3 5-520 of the
Juvenile Court Act of 1987 alleging that the 
4 minor is a delinquent minor for
the commission of an 
5 offense that if committed by an adult would be a felony;


6  (p) An adult who had been adjudicated a delinquent 
7 minor under the Juvenile
Court Act of 1987 for the 
8 commission of an offense that if committed by an
adult 
9 would be a felony;

10  (q) A person who is not a resident of the State of 
11 Illinois, except as provided in subsection (a-10) of 
12 Section 4; 
13  (r) A person who has been adjudicated as a person with 
14 a mental disability; 
15  (s) A person who has been found to have a developmental 
16 disability; 
17  (t) A person involuntarily admitted into a mental 
18 health facility; or 
19  (u) A person who has had his or her Firearm Owner's 
20 Identification Card revoked or denied under subsection (e) 
21 of this Section or item (iv) of paragraph (2) of subsection 
22 (a) of Section 4 of this Act because he or she was a 
23 patient in a mental health facility as provided in 
24 subsection (e) of this Section, shall not be permitted to 
25 obtain a Firearm Owner's Identification Card, after the 
26 5-year period has lapsed, unless he or she has received a 
 
 
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1 mental health evaluation by a physician, clinical 
2 psychologist, or qualified examiner as those terms are 
3 defined in the Mental Health and Developmental 
4 Disabilities Code, and has received a certification that he 
5 or she is not a clear and present danger to himself, 
6 herself, or others. The physician, clinical psychologist, 
7 or qualified examiner making the certification and his or 
8 her employer shall not be held criminally, civilly, or 
9 professionally liable for making or not making the 
10 certification required under this subsection, except for 
11 willful or wanton misconduct. This subsection does not 
12 apply to a person whose firearm possession rights have been 
13 restored through administrative or judicial action under 
14 Section 10 or 11 of this Act; or
15  (v) A person named on the consolidated Terrorist 
16 Watchlist
maintained by the Terrorist Screening Center 
17 administered by
the Federal Bureau of Investigation. 
18 Upon revocation of a person's Firearm Owner's 
19Identification Card, the Department of State Police shall 
20provide notice to the person and the person shall comply with 
21Section 9.5 of this Act. 
22(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, 
23eff. 7-16-14; 99-143, eff. 7-27-15.)


24 (430 ILCS 65/9.5)
25 Sec. 9.5. Revocation of Firearm Owner's Identification

 
 
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1Card.
2 (a) A person who receives a revocation notice under Section 
39 of this Act shall, within 48 hours of receiving notice of the 
4revocation:
5  (1) surrender his or her Firearm Owner's 
6 Identification Card to the local law enforcement agency 
7 where the person resides. The local law enforcement agency 
8 shall provide the person a receipt and transmit the Firearm 
9 Owner's Identification Card to the Department of State 
10 Police; and
11  (2) complete a Firearm Disposition Record on a form 
12 prescribed by the Department of State Police and place his 
13 or her firearms in the location or with the person reported 
14 in the Firearm Disposition Record. The form shall require 
15 the person to disclose:
16   (A) the make, model, and serial number of each 
17 firearm owned by or under the custody and control of 
18 the revoked person;
19   (B) the location where each firearm will be 
20 maintained during the prohibited term; and
21   (C) if any firearm will be transferred to the 
22 custody of another person, the name, address and 
23 Firearm Owner's Identification Card number of the 
24 transferee.
25 (b) The local law enforcement agency shall provide a copy 
26of the Firearm Disposition Record to the person whose Firearm 
 
 
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1Owner's Identification Card has been revoked and to the 
2Department of State Police.
3 (c) If the person whose Firearm Owner's Identification Card 
4has been revoked fails to comply with the requirements of this 
5Section, the sheriff or law enforcement agency where the person 
6resides shall may petition the circuit court to issue a warrant 
7to search for and seize the Firearm Owner's Identification Card 
8and firearms in the possession or under the custody or control 
9of the person whose Firearm Owner's Identification Card has 
10been revoked.
11 (c-5) If the Department of State Police has not received 
12the Firearm Disposition
Record within 5 business days after 
13sending notice under Section 9 of this Act, the Department must 
14send a second notice to the sheriff and law enforcement
agency 
15where the person resides. The second notice shall include the 
16requirements under this Section. Upon receiving the second 
17notice, the sheriff or law enforcement agency shall report to 
18the Department
of State Police the status and efforts pursued 
19regarding compliance under this
Section, in a form prescribed 
20by the Department. 
21 (d) A violation of subsection (a) of this Section is a 
22Class A misdemeanor.
23 (e) The observation of a Firearm Owner's Identification 
24Card in the possession of a person whose Firearm Owner's 
25Identification Card has been revoked constitutes a sufficient 
26basis for the arrest of that person for violation of this 
 
 
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1Section.
2 (f) Within 30 days after the effective date of this 
3amendatory Act of the 98th General Assembly, the Department of 
4State Police shall provide written notice of the requirements 
5of this Section to persons whose Firearm Owner's Identification 
6Cards have been revoked, suspended, or expired and who have 
7failed to surrender their cards to the Department. Within 30 
8days
after the effective date of this amendatory Act of the 
999th
General Assembly, and by January 31 of each year 
10thereafter, the
Department of State Police shall provide 
11written notice of the
requirements of this Section to every 
12sheriff and law enforcement agency within this State. 
13 (g) A person whose Firearm Owner's Identification Card has 
14been revoked and who received notice under subsection (f) shall 
15comply with the requirements of this Section within 48 hours of 
16receiving notice. 

17(Source: P.A. 98-63, eff. 7-9-13.)


18 Section 99. Effective date. This Act takes effect upon 
19becoming law.

 
 
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1
INDEX

2
Statutes amended in order of appearance