102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3318
 
Introduced , by Rep. David A. Welter
 
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 if an applicant for a Firearm Owner's Identification Card: (1) is 18 years of age or older but under 21 years of age, (2) is not an active duty member of the United States Armed Forces, and (3) does not have a parent or legal guardian to give written consent to his or her application, he or she must provide 2 signed, dated, and notarized personal references regarding his or her suitability to possess firearms and a signed, dated, and notarized statement detailing the reasons he or she does not have a parent or legal guardian. Provides that, if applicable, the applicant must provide death certificates or any applicable court orders regarding his or her circumstances resulting in his or her lack of a parent or legal guardian.



LRB102 13809 RLC 19159 b


 
 
A BILL FOR
 


HB3318LRB102 13809 RLC 19159 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. Application for Firearm Owner's Identification 
8Cards. 
9 (a) Each applicant for a Firearm Owner's Identification 
10Card must: 

11  (1) Make application on blank forms prepared and 
12 furnished at convenient
locations throughout the State by 
13 the Department of State Police, or by
electronic means, if 
14 and when made available by the Department of State
Police; 
15 and

16  (2) Submit evidence to the Department of State Police 
17 that:

18   (i) This subparagraph (i) applies through January 
19 8, 2020 the 180th day following the effective date of 
20 this amendatory Act of the 101st General Assembly. He 
21 or she is 21 years of age or over, or if he or she is 
22 under 21
years of age that he or she has the written 
23 consent of his or her parent or
legal guardian to 
 
 
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1 possess and acquire firearms and firearm ammunition 
2 and that
he or she has never been convicted of a 
3 misdemeanor other than a traffic
offense or adjudged

4 delinquent, provided, however, that such parent or 
5 legal guardian is not an
individual prohibited from 
6 having a Firearm Owner's Identification Card and
files 
7 an affidavit with the Department as prescribed by the 
8 Department
stating that he or she is not an individual 
9 prohibited from having a Card;
10   (i-5) This subparagraph (i-5) applies on and after 
11 January 9, 2020 the 181st day following the effective 
12 date of this amendatory Act of the 101st General 
13 Assembly. Except as otherwise provided in subparagraph 
14 (i-6), he He or she is 21 years of age or over, or if 
15 he or she is under 21
years of age that he or she has 
16 never been convicted of a misdemeanor other than a 
17 traffic offense or adjudged delinquent and is an 
18 active duty member of the United States Armed Forces 
19 or has the written consent of his or her parent or

20 legal guardian to possess and acquire firearms and 
21 firearm ammunition, provided, however, that such 
22 parent or legal guardian is not an
individual 
23 prohibited from having a Firearm Owner's 
24 Identification Card and
files an affidavit with the 
25 Department as prescribed by the Department
stating 
26 that he or she is not an individual prohibited from 
 
 
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1 having a Card or the active duty member of the United 
2 States Armed Forces under 21 years of age annually 
3 submits proof to the Department of State Police, in a 
4 manner prescribed by the Department; 

5   (i-6) The applicant (A) is 18 years of age or older 
6 but under 21 years of age; (B) is not an active duty 
7 member of the United States Armed Forces; and (C) does 
8 not have a parent or legal guardian to give written 
9 consent to his or her application;  
10   (ii) He or she has not been convicted of a felony 
11 under the laws of
this or any other jurisdiction;

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

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

18   (v) He or she is not a person with an intellectual 
19 disability;

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

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

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

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

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

21   (x) (Blank);

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

3    (1) admitted to the United States for lawful 
4 hunting or sporting
purposes;

5    (2) an official representative of a foreign 
6 government who is:

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

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

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

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

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

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

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

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

25 requested. The information received shall be destroyed 
26 within one year of
receipt.

 
 
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1 (a-5) Each applicant for a Firearm Owner's Identification 
2Card who is over
the age of 18 shall furnish to the Department 
3of State Police either his or
her Illinois driver's license 
4number or Illinois Identification Card number, except as

5provided in subsection (a-10).

6 (a-10) Each applicant for a Firearm Owner's Identification 
7Card,
who is employed as a law enforcement officer, an armed 
8security officer in Illinois, or by the United States Military

9permanently assigned in Illinois and who is not an Illinois 
10resident, shall furnish to
the Department of State Police his 
11or her driver's license number or state
identification card 
12number from his or her state of residence. The Department
of 
13State Police may adopt rules to enforce the provisions of this

14subsection (a-10).

15 (a-15) If an applicant applying for a Firearm Owner's 
16Identification Card moves from the residence address named in 
17the application, he or she shall immediately notify in a form 
18and manner prescribed by the Department of State Police of 
19that change of address.
20 (a-20) Each applicant for a Firearm Owner's Identification 
21Card shall furnish to the Department of State Police his or her 
22photograph. An applicant who is 21 years of age or older 
23seeking a religious exemption to the photograph requirement 
24must furnish with the application an approved copy of United 
25States Department of the Treasury Internal Revenue Service 
26Form 4029. In lieu of a photograph, an applicant regardless of 
 
 
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1age seeking a religious exemption to the photograph 
2requirement shall submit fingerprints on a form and manner 
3prescribed by the Department with his or her application.
4 (a-25) Evidence submitted to meet the requirements of 
5subdivision (a)(2)(i-6) of this Section shall include the 
6following:
7  (1) 2 signed, dated, and notarized personal references 
8 regarding the applicant's suitability to possess firearms;
9  (2) a signed, dated, and notarized statement detailing 
10 the reasons the applicant does not have a parent or legal 
11 guardian; and
12  (3) the death certificates or any applicable court 
13 orders regarding circumstances of the applicant resulting 
14 in his or her lack of a parent or legal guardian. 
15 (b) Each application form shall include the following 
16statement printed in
bold type: "Warning: Entering false 
17information on an application for a Firearm
Owner's 
18Identification Card is punishable as a Class 2 felony in 
19accordance
with subsection (d-5) of Section 14 of the Firearm 
20Owners Identification Card
Act.".

21 (c) Upon such written consent, pursuant to Section 4, 
22paragraph (a)(2)(i),
the parent or legal guardian giving the 
23consent shall be liable for any
damages resulting from the 
24applicant's use of firearms or firearm ammunition.

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




 
 
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1 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

2 Sec. 8. Grounds for denial and revocation. The Department 
3of State Police has authority to deny an
application for or to 
4revoke and seize a Firearm Owner's Identification
Card 
5previously issued under this Act only if the Department finds 
6that the
applicant or the person to whom such card was issued 
7is or was at the time
of issuance:

8  (a) A person under 21 years of age who has been 
9 convicted of a
misdemeanor other than a traffic offense or 
10 adjudged delinquent;

11  (b) This subsection (b) applies through January 8, 
12 2020 the 180th day following the effective date of this 
13 amendatory Act of the 101st General Assembly. A person 
14 under 21 years of age who does not have the written consent

15 of his parent or guardian to acquire and possess firearms 
16 and firearm
ammunition, or whose parent or guardian has 
17 revoked such written consent,
or where such parent or 
18 guardian does not qualify to have a Firearm Owner's

19 Identification Card;
20  (b-5) This subsection (b-5) applies on and after 
21 January 9, 2020 the 181st day following the effective date 
22 of this amendatory Act of the 101st General Assembly. 
23 Except as otherwise provided in subsection (b-6), a A 
24 person under 21 years of age who is not an active duty 
25 member of the United States Armed Forces and does not have 
26 the written consent
of his or her parent or guardian to 
 
 
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1 acquire and possess firearms and firearm
ammunition, or 
2 whose parent or guardian has revoked such written consent,

3 or where such parent or guardian does not qualify to have a 
4 Firearm Owner's
Identification Card; 

5  (b-6) A person who: (A) is 18 years of age or older but 
6 under 21 years of age; (B) is not an active duty member of 
7 the United States Armed Forces; (C) does not have the 
8 written consent
of his or her parent or guardian to 
9 acquire and possess firearms and firearm
ammunition; (D) 
10 does not provide 2 signed, dated, and notarized personal 
11 references regarding his or her suitability to possess 
12 firearms; and (E) does not provide a signed, dated, and 
13 notarized statement detailing the reasons he or she does 
14 not have a parent or legal guardian, or if applicable, 
15 does not provide death certificates or any applicable 
16 court orders regarding his or her circumstances resulting 
17 in his or her lack of a parent or legal guardian;  
18  (c) A person convicted of a felony under the laws of 
19 this or any other
jurisdiction;

20  (d) A person addicted to narcotics;

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

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

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

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

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

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

4 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 States 
12 on official business; or

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

16  (j) (Blank);

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

21 used or possessed;

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

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

14  (m) (Blank);

15  (n) A person who is prohibited from acquiring or 
16 possessing
firearms or firearm ammunition by any Illinois 
17 State statute or by federal
law;

18  (o) A minor subject to a petition filed under Section 
19 5-520 of the
Juvenile Court Act of 1987 alleging that the 
20 minor is a delinquent minor for
the commission of an 
21 offense that if committed by an adult would be a felony;


22  (p) An adult who had been adjudicated a delinquent 
23 minor under the Juvenile
Court Act of 1987 for the 
24 commission of an offense that if committed by an
adult 
25 would be a felony;

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