99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2857
 
Introduced 2/17/2016, by Sen. Ira I. Silverstein
 
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. 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 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 not covered by a policy of liability insurance in
the amount of at least $100,000 specifically covering any damages
resulting from negligent or willful acts involving the use
of a firearm while owned or carried by the person. Provides that a person
shall be deemed the owner of a firearm after
the firearm is lost or stolen until the loss or theft is
reported to the police department or sheriff of the jurisdiction in
which the owner resides.



LRB099 16417 RLC 40750 b


 
 
A BILL FOR
 


SB2857LRB099 16417 RLC 40750 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. (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 a person with an intellectual 
14 disability;


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


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


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


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

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


16   (x) (Blank);


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


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


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


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


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


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


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


14    (5) one who has received a waiver from the 
15 Attorney General of the
United States pursuant to 
16 18 U.S.C. 922(y)(3);


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


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

26   (xiv) He or she is a resident of the State of 
 
 
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1 Illinois; 
2   (xv) He or she has not been adjudicated as a person 
3 with a mental disability; 
4   (xvi) He or she has not been involuntarily admitted 
5 into a mental health facility; and 
6   (xvii) He or she is not a person with a 
7 developmental disability; and 
8   (xviii) He or she has been issued a policy of 
9 liability insurance in
the amount of at least $100,000 
10 specifically covering any damages
resulting from 
11 negligent or willful acts involving the use
of a 
12 firearm while owned or carried by the person. For the 
13 purposes of this clause (xviii), a person
shall be 
14 deemed the owner of a firearm after
the firearm is lost 
15 or stolen until the loss or theft is
reported to the 
16 police department or sheriff of the jurisdiction in

17 which the owner resides; and 

18  (3) Upon request by the Department of State Police, 
19 sign a release on a
form prescribed by the Department of 
20 State Police waiving any right to
confidentiality and 
21 requesting the disclosure to the Department of State Police

22 of limited mental health institution admission information 
23 from another state,
the District of Columbia, any other 
24 territory of the United States, or a
foreign nation 
25 concerning the applicant for the sole purpose of 
26 determining
whether the applicant is or was a patient in a 
 
 
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1 mental health institution and
disqualified because of that 
2 status from receiving a Firearm Owner's
Identification 
3 Card. No mental health care or treatment records may be

4 requested. The information received shall be destroyed 
5 within one year of
receipt.

6 (a-5) Each applicant for a Firearm Owner's Identification 
7Card who is over
the age of 18 shall furnish to the Department 
8of State Police either his or
her Illinois driver's license 
9number or Illinois Identification Card number, except as

10provided in subsection (a-10).

11 (a-10) Each applicant for a Firearm Owner's Identification 
12Card,
who is employed as a law enforcement officer, an armed 
13security officer in Illinois, or by the United States Military

14permanently assigned in Illinois and who is not an Illinois 
15resident, shall furnish to
the Department of State Police his 
16or her driver's license number or state
identification card 
17number from his or her state of residence. The Department
of 
18State Police may adopt rules to enforce the provisions of this

19subsection (a-10).

20 (a-15) If an applicant applying for a Firearm Owner's 
21Identification Card moves from the residence address named in 
22the application, he or she shall immediately notify in a form 
23and manner prescribed by the Department of State Police of that 
24change of address.
25 (a-20) Each applicant for a Firearm Owner's Identification 
26Card shall furnish to the Department of State Police his or her 
 
 
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1photograph. An applicant who is 21 years of age or older 
2seeking a religious exemption to the photograph requirement 
3must furnish with the application an approved copy of United 
4States Department of the Treasury Internal Revenue Service Form 
54029. In lieu of a photograph, an applicant regardless of age 
6seeking a religious exemption to the photograph requirement 
7shall submit fingerprints on a form and manner prescribed by 
8the Department with his or her application. 
9 (b) Each application form shall include the following 
10statement printed in
bold type: "Warning: Entering false 
11information on an application for a Firearm
Owner's 
12Identification Card is punishable as a Class 2 felony in 
13accordance
with subsection (d-5) of Section 14 of the Firearm 
14Owners Identification Card
Act.".

15 (c) Upon such written consent, pursuant to Section 4, 
16paragraph (a)(2)(i),
the parent or legal guardian giving the 
17consent shall be liable for any
damages resulting from the 
18applicant's use of firearms or firearm ammunition.

19(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)




20 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

21 Sec. 8. Grounds for denial and revocation. The Department 
22of State Police has authority to deny an
application for or to 
23revoke and seize a Firearm Owner's Identification
Card 
24previously issued under this Act only if the Department finds 
25that the
applicant or the person to whom such card was issued 
 
 
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1is or was at the time
of issuance:

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

5  (b) A person under 21 years of age who does not have 
6 the written consent
of his parent or guardian to acquire 
7 and possess firearms and firearm
ammunition, or whose 
8 parent or guardian has revoked such written consent,
or 
9 where such parent or guardian does not qualify to have a 
10 Firearm Owner's
Identification Card;

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

13  (d) A person addicted to narcotics;

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

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

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

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

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

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

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

18   (2) an official representative of a foreign 
19 government who is:

20    (A) accredited to the United States Government 
21 or the Government's
mission to an international 
22 organization having its headquarters in the United

23 States; or

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

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;

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

6   (5) one who has received a waiver from the Attorney 
7 General of the United
States pursuant to 18 U.S.C. 
8 922(y)(3);

9  (j) (Blank);

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

14 used or possessed;

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

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

7  (m) (Blank);

8  (n) A person who is prohibited from acquiring or 
9 possessing
firearms or firearm ammunition by any Illinois 
10 State statute or by federal
law;

11  (o) A minor subject to a petition filed under Section 
12 5-520 of the
Juvenile Court Act of 1987 alleging that the 
13 minor is a delinquent minor for
the commission of an 
14 offense that if committed by an adult would be a felony;


15  (p) An adult who had been adjudicated a delinquent 
16 minor under the Juvenile
Court Act of 1987 for the 
17 commission of an offense that if committed by an
adult 
18 would be a felony;

19  (q) A person who is not a resident of the State of 
20 Illinois, except as provided in subsection (a-10) of 
21 Section 4; 
22  (r) A person who has been adjudicated as a person with 
23 a mental disability; 
24  (s) A person who has been found to have a developmental 
25 disability; 
26  (t) A person involuntarily admitted into a mental 
 
 
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1 health facility; or 
2  (u) A person who has had his or her Firearm Owner's 
3 Identification Card revoked or denied under subsection (e) 
4 of this Section or item (iv) of paragraph (2) of subsection 
5 (a) of Section 4 of this Act because he or she was a 
6 patient in a mental health facility as provided in 
7 subsection (e) of this Section, shall not be permitted to 
8 obtain a Firearm Owner's Identification Card, after the 
9 5-year period has lapsed, unless he or she has received a 
10 mental health evaluation by a physician, clinical 
11 psychologist, or qualified examiner as those terms are 
12 defined in the Mental Health and Developmental 
13 Disabilities Code, and has received a certification that he 
14 or she is not a clear and present danger to himself, 
15 herself, or others. The physician, clinical psychologist, 
16 or qualified examiner making the certification and his or 
17 her employer shall not be held criminally, civilly, or 
18 professionally liable for making or not making the 
19 certification required under this subsection, except for 
20 willful or wanton misconduct. This subsection does not 
21 apply to a person whose firearm possession rights have been 
22 restored through administrative or judicial action under 
23 Section 10 or 11 of this Act; or . 
24  (v) A person who has not been issued a policy of 
25 liability insurance in
the amount of at least $100,000 
26 specifically covering any damages
resulting from negligent 
 
 
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1 or willful acts involving the use
of a firearm while owned 
2 or carried by the person or whose liability insurance has 
3 been cancelled, not renewed, or revoked. For the purposes 
4 of this subsection (v), a person
shall be deemed the owner 
5 of a firearm after
the firearm is lost or stolen until the 
6 loss or theft is
reported to the police department or 
7 sheriff of the jurisdiction in
which the owner resides. 
8 Upon revocation of a person's Firearm Owner's 
9Identification Card, the Department of State Police shall 
10provide notice to the person and the person shall comply with 
11Section 9.5 of this Act. 
12(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, 
13eff. 7-16-14; 99-143, eff. 7-27-15.)