102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2858
 
Introduced , by Rep. Daniel Swanson
 
SYNOPSIS AS INTRODUCED:



      
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
430 ILCS 66/25

 Amends the Firearm Owners Identification Card Act. Lowers the age at which a person may apply for a Firearm Owner's Identification Card from 21 to 18 and provides that a person who is under that 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. Amends the Firearm Concealed Carry Act. Provides that the Department of State Police shall issue a concealed carry license to an applicant who is at least 18 (currently, 21) years of age or is an active duty member of the United States Armed Forces.



LRB102 04005 RLC 14021 b


 
 
A BILL FOR
 


HB2858LRB102 04005 RLC 14021 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 2, 4, and 8 as follows:




6 (430 ILCS 65/2) (from Ch. 38, par. 83-2)


7 Sec. 2. Firearm Owner's Identification Card required; 
8exceptions. 

9 (a) (1) No person may acquire or possess any firearm, stun 
10gun, or taser within this State
without having in his or her 
11possession a Firearm Owner's Identification Card
previously 
12issued in his or her name by the Department of State Police 
13under
the provisions of this Act.

14 (2) No person may acquire or possess firearm ammunition 
15within this
State without having in his or her possession a 
16Firearm Owner's Identification
Card previously issued in his 
17or her name by the Department of State Police
under the 
18provisions of this Act.

19 (b) The provisions of this Section regarding the 
20possession of firearms, firearm ammunition, stun guns, and 
21tasers do not apply to:

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;

4  (3) Federal officials required to carry firearms, 
5 while engaged in the
operation of their official duties;

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;

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

14 firearms unloaded and enclosed in a case;

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;

19  (7) Nonresidents while on a firing or shooting range 
20 recognized by the
Department of State Police; however, 
21 these persons must at all other times
and in all other 
22 places have their firearms unloaded and enclosed in a 
23 case;


24  (8) Nonresidents while at a firearm showing or display 
25 recognized by
the Department of State Police; however, at 
26 all other times and in all
other places these persons must 
 
 
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1 have their firearms unloaded and enclosed
in a case;

2  (9) Nonresidents whose firearms are unloaded and 
3 enclosed in a case;

4  (10) Nonresidents who are currently licensed or 
5 registered to possess a
firearm in their resident state;

6  (11) Unemancipated minors while in the custody and 
7 immediate control of
their parent or legal guardian or 
8 other person in loco parentis to the
minor if the parent or 
9 legal guardian or other person in loco parentis to
the 
10 minor has a currently valid Firearm Owner's Identification

11 Card;

12  (12) Color guards of bona fide veterans organizations 
13 or members of bona
fide American Legion bands while using 
14 firearms for ceremonial purposes
with blank ammunition;

15  (13) Nonresident hunters whose state of residence does 
16 not require
them to be licensed or registered to possess a 
17 firearm and only during
hunting season, with valid hunting 
18 licenses, while accompanied by, and
using a firearm owned 
19 by, a person who possesses a valid Firearm Owner's

20 Identification Card and while in an area within a 
21 commercial club licensed
under the Wildlife Code where 
22 hunting is permitted and controlled, but in
no instance 
23 upon sites owned or managed by the Department of Natural

24 Resources;

25  (14) Resident hunters who are properly authorized to 
26 hunt and,
while accompanied by a person who possesses a 
 
 
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1 valid Firearm Owner's
Identification Card, hunt in an area 
2 within a commercial club licensed
under the Wildlife Code 
3 where hunting is permitted and controlled;

4  (15) A person who is otherwise eligible to obtain a 
5 Firearm Owner's
Identification Card under this Act and is 
6 under the direct supervision of a
holder of a Firearm

7 Owner's Identification Card who is 18 21 years of age or 
8 older while the person is
on a firing or shooting range
or 
9 is a
participant in a firearms safety and training course 
10 recognized by a law
enforcement agency or a national, 
11 statewide shooting sports organization; and

12  (16) Competitive shooting athletes whose competition 
13 firearms are sanctioned by the International Olympic 
14 Committee, the International Paralympic Committee, the 
15 International Shooting Sport Federation, or USA Shooting 
16 in connection with such athletes' training for and 
17 participation in shooting competitions at the 2016 Olympic 
18 and Paralympic Games and sanctioned test events leading up 
19 to the 2016 Olympic and Paralympic Games. 
20 (c) The provisions of this Section regarding the 
21acquisition and possession
of firearms, firearm ammunition, 
22stun guns, and tasers do not apply to law enforcement 
23officials
of this or any other jurisdiction, while engaged in 
24the operation of their
official duties.

25 (c-5) The provisions of paragraphs (1) and (2) of 
26subsection (a) of this Section regarding the possession of 
 
 
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1firearms
and firearm ammunition do not apply to the holder of a 
2valid concealed carry
license issued under the Firearm 
3Concealed Carry Act who is in physical
possession of the 
4concealed carry license. 
5 (d) Any person who becomes a resident of this State, who is 
6not otherwise prohibited from obtaining, possessing, or using 
7a firearm or firearm ammunition, shall not be required to have 
8a Firearm Owner's Identification Card to possess firearms or 
9firearms ammunition until 60 calendar days after he or she 
10obtains an Illinois driver's license or Illinois 
11Identification Card. 
12(Source: P.A. 99-29, eff. 7-10-15.)




13 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


14 Sec. 4. Application for Firearm Owner's Identification 
15Cards. 
16 (a) Each applicant for a Firearm Owner's Identification 
17Card must: 

18  (1) Make application on blank forms prepared and 
19 furnished at convenient
locations throughout the State by 
20 the Department of State Police, or by
electronic means, if 
21 and when made available by the Department of State
Police; 
22 and

23  (2) Submit evidence to the Department of State Police 
24 that:

25   (i) This subparagraph (i) applies through the 
 
 
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1 180th day following the effective date of this 
2 amendatory Act of the 101st General Assembly. He or 
3 she is 18 21 years of age or over, or if he or she is 
4 under 18 21
years of age that he or she has never been 
5 convicted of a misdemeanor other than a traffic 
6 offense or adjudged delinquent and is an active duty 
7 member of the United States Armed Forces or has the 
8 written consent of his or her parent or
legal guardian 
9 to possess and acquire firearms and firearm ammunition 
10 and that
he or she has never been convicted of a 
11 misdemeanor other than a traffic
offense or adjudged

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

12   (ii) He or she has not been convicted of a felony 
13 under the laws of
this or any other jurisdiction;

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

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

20   (v) He or she is not a person with an intellectual 
21 disability;

22   (vi) He or she is not an alien who is unlawfully 
23 present in the
United States under the laws of the 
24 United States;

25   (vii) He or she is not subject to an existing order 
26 of protection
prohibiting him or her from possessing a 
 
 
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1 firearm;

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

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

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

23   (x) (Blank);

24   (xi) He or she is not an alien who has been 
25 admitted to the United
States under a non-immigrant 
26 visa (as that term is defined in Section
101(a)(26) of 
 
 
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1 the Immigration and Nationality Act (8 U.S.C. 
2 1101(a)(26))),
or that he or she is an alien who has 
3 been lawfully admitted to the United
States under a 
4 non-immigrant visa if that alien is:

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

7    (2) an official representative of a foreign 
8 government who is:

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

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

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

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

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

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

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

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

 
 
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1 requested. The information received shall be destroyed 
2 within one year of
receipt.

3 (a-5) Each applicant for a Firearm Owner's Identification 
4Card who is over
the age of 18 shall furnish to the Department 
5of State Police either his or
her Illinois driver's license 
6number or Illinois Identification Card number, except as

7provided in subsection (a-10).

8 (a-10) Each applicant for a Firearm Owner's Identification 
9Card,
who is employed as a law enforcement officer, an armed 
10security officer in Illinois, or by the United States Military

11permanently assigned in Illinois and who is not an Illinois 
12resident, shall furnish to
the Department of State Police his 
13or her driver's license number or state
identification card 
14number from his or her state of residence. The Department
of 
15State Police may adopt rules to enforce the provisions of this

16subsection (a-10).

17 (a-15) If an applicant applying for a Firearm Owner's 
18Identification Card moves from the residence address named in 
19the application, he or she shall immediately notify in a form 
20and manner prescribed by the Department of State Police of 
21that change of address.
22 (a-20) Each applicant for a Firearm Owner's Identification 
23Card shall furnish to the Department of State Police his or her 
24photograph. An applicant who is 18 21 years of age or older 
25seeking a religious exemption to the photograph requirement 
26must furnish with the application an approved copy of United 
 
 
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1States Department of the Treasury Internal Revenue Service 
2Form 4029. In lieu of a photograph, an applicant regardless of 
3age seeking a religious exemption to the photograph 
4requirement shall submit fingerprints on a form and manner 
5prescribed by the Department with his or her application. 
6 (b) Each application form shall include the following 
7statement printed in
bold type: "Warning: Entering false 
8information on an application for a Firearm
Owner's 
9Identification Card is punishable as a Class 2 felony in 
10accordance
with subsection (d-5) of Section 14 of the Firearm 
11Owners Identification Card
Act.".

12 (c) Upon such written consent, pursuant to Section 4, 
13paragraph (a)(2)(i),
the parent or legal guardian giving the 
14consent shall be liable for any
damages resulting from the 
15applicant's use of firearms or firearm ammunition.

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




17 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

18 Sec. 8. Grounds for denial and revocation. The Department 
19of State Police has authority to deny an
application for or to 
20revoke and seize a Firearm Owner's Identification
Card 
21previously issued under this Act only if the Department finds 
22that the
applicant or the person to whom such card was issued 
23is or was at the time
of issuance:

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

2  (b) This subsection (b) applies through the 180th day 
3 following the effective date of this amendatory Act of the 
4 101st General Assembly. A person under 18 21 years of age 
5 who is not an active duty member of the of the United 
6 States Armed Forces and does not have the written consent

7 of his parent or guardian to acquire and possess firearms 
8 and firearm
ammunition, or whose parent or guardian has 
9 revoked such written consent,
or where such parent or 
10 guardian does not qualify to have a Firearm Owner's

11 Identification Card;
12  (b-5) This subsection (b-5) applies on and after the 
13 181st day following the effective date of this amendatory 
14 Act of the 101st General Assembly. A person under 18 21 
15 years of age who is not an active duty member of the United 
16 States Armed Forces and does not have the written consent

17 of his or her parent or guardian to acquire and possess 
18 firearms and firearm
ammunition, or whose parent or 
19 guardian has revoked such written consent,
or where such 
20 parent or guardian does not qualify to have a Firearm 
21 Owner's
Identification Card; 

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

24  (d) A person addicted to narcotics;

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

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

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

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

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

20  (i-5) An alien who has been admitted to the United 
21 States under a
non-immigrant visa (as that term is defined 
22 in Section 101(a)(26) of the
Immigration and Nationality 
23 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
24 (i-5) does not apply to any alien who has been lawfully 
25 admitted to
the United States under a non-immigrant visa 
26 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 Government 
6 or the Government's
mission to an international 
7 organization having its headquarters in the United

8 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 States 
16 on official business; or

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

20  (j) (Blank);

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

25 used or possessed;

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

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

18  (m) (Blank);

19  (n) A person who is prohibited from acquiring or 
20 possessing
firearms or firearm ammunition by any Illinois 
21 State statute or by federal
law;

22  (o) A minor subject to a petition filed under Section 
23 5-520 of the
Juvenile Court Act of 1987 alleging that the 
24 minor is a delinquent minor for
the commission of an 
25 offense that if committed by an adult would be a felony;


26  (p) An adult who had been adjudicated a delinquent 
 
 
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1 minor under the Juvenile
Court Act of 1987 for the 
2 commission of an offense that if committed by an
adult 
3 would be a felony;

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


14 Section 10. The Firearm Concealed Carry Act is amended by 
15changing Section 25 as follows:

16 (430 ILCS 66/25)

17 Sec. 25. Qualifications for a license. 
18 The Department shall issue a license to an applicant 
19completing an application in accordance with Section 30 of 
20this Act if the person:
21  (1) is at least 18 21 years of age or is an active duty 
22 member of the United States Armed Forces;
23  (2) has a currently valid Firearm Owner's 
24 Identification Card and at the time of application meets 
 
 
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1 the requirements for the issuance of a Firearm Owner's 
2 Identification Card and is not prohibited under the 
3 Firearm Owners Identification Card Act or federal law from 
4 possessing or receiving a firearm;
5  (3) has not been convicted or found guilty in this 
6 State or in any other state of:
7   (A) a misdemeanor involving the use or threat of 
8 physical force or violence to any person within the 5 
9 years preceding the date of the license application; 
10 or
11   (B) 2 or more violations related to driving while 
12 under the influence of alcohol, other drug or drugs, 
13 intoxicating compound or compounds, or any combination 
14 thereof, within the 5 years preceding the date of the 
15 license application;
16  (4) is not the subject of a pending arrest warrant, 
17 prosecution, or proceeding for an offense or action that 
18 could lead to disqualification to own or possess a 
19 firearm;
20  (5) has not been in residential or court-ordered 
21 treatment for alcoholism, alcohol detoxification, or drug 
22 treatment within the 5 years immediately preceding the 
23 date of the license application; and
24  (6) has completed firearms training and any education 
25 component required under Section 75 of this Act.

26(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)