103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4020
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:



    
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. Makes 18 (rather than 21) years of age as the minimum age in which a person, who is not an active duty member of the United States Armed Forces or the Illinois National Guard, may apply for a Firearm Owner's Identification Card without parental or legal guardian consent. Amends the Firearm Concealed Carry Act. Makes 18 (rather than 21) years of age as the minimum age for applying for and being issued a concealed carry license.



LRB103 31472 RLC 59277 b


 
 
A BILL FOR
 


HB4020LRB103 31472 RLC 59277 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) Submit an application as made available by the 
12 Illinois State Police; and

13  (2) Submit evidence to the Illinois State Police that:

14   (i) (Blank); This subparagraph (i) applies through 
15 the 180th day following July 12, 2019 (the effective 
16 date of Public Act 101-80). He or she is 21 years of 
17 age or over, or if he or she is under 21
years of age 
18 that he or she has the written consent of his or her 
19 parent or
legal guardian to possess and acquire 
20 firearms and firearm ammunition and that
he or she has 
21 never been convicted of a misdemeanor other than a 
22 traffic
offense or adjudged
delinquent, provided, 
23 however, that such parent or legal guardian is not an

 
 
HB4020- 2 -LRB103 31472 RLC 59277 b


1 individual prohibited from having a Firearm Owner's 
2 Identification Card and
files an affidavit with the 
3 Department as prescribed by the Department
stating 
4 that he or she is not an individual prohibited from 
5 having a Card;
6   (i-5) This subparagraph (i-5) applies on and after 
7 the 181st day following July 12, 2019 (the effective 
8 date of Public Act 101-80). He or she is 18 21 years of 
9 age or over, or if he or she is under 18 21
years of 
10 age that he or she has never been convicted of a 
11 misdemeanor other than a traffic offense or adjudged 
12 delinquent and is an active duty member of the United 
13 States Armed Forces or the Illinois National Guard or 
14 has the written consent of his or her parent or
legal 
15 guardian to possess and acquire firearms and firearm 
16 ammunition, provided, however, that, if the applicant 
17 is under 18 years of age, the such parent or legal 
18 guardian is not an
individual prohibited from having a 
19 Firearm Owner's Identification Card and
files an 
20 affidavit with the Illinois State Police as prescribed 
21 by the Illinois State Police
stating that he or she is 
22 not an individual prohibited from having a Card or the 
23 active duty member of the United States Armed Forces 
24 or the Illinois National Guard under 18 21 years of age 
25 annually submits proof to the Illinois State Police, 
26 in a manner prescribed by the Illinois State Police; 

 
 
HB4020- 3 -LRB103 31472 RLC 59277 b


1   (i-6) If he or she is under 21 years of age, that

2 he or she has never been convicted of a misdemeanor

3 other than a traffic offense or adjudged delinquent; 
4   (ii) He or she has not been convicted of a felony 
5 under the laws of
this or any other jurisdiction;

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

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

12   (v) He or she is not a person with an intellectual 
13 disability;

14   (vi) He or she is not a noncitizen who is 
15 unlawfully present in the
United States under the laws 
16 of the 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 
23 substantially similar offense in another jurisdiction, 
24 in
which a firearm was used or possessed;

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

 
 
HB4020- 4 -LRB103 31472 RLC 59277 b


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 
5 an offense described in this clause (ix) tried by a 
6 jury, 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 
10 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of 
11 the 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 a noncitizen 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 a noncitizen who 
21 has been lawfully admitted to the United
States under 
22 a non-immigrant visa if that noncitizen 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:

 
 
HB4020- 5 -LRB103 31472 RLC 59277 b


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 noncitizen 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; 
 
 
HB4020- 6 -LRB103 31472 RLC 59277 b


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

20 receipt.

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

25provided in subsection (a-10).

26 (a-10) Each applicant for a Firearm Owner's Identification 
 
 
HB4020- 7 -LRB103 31472 RLC 59277 b


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 Illinois State Police his or 
5her driver's license number or state
identification card 
6number from his or her state of residence. The Illinois State 
7Police 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 Illinois State Police of that 
13change of address.
14 (a-20) Each applicant for a Firearm Owner's Identification 
15Card shall furnish to the Illinois State Police his or her 
16photograph. An applicant who is 18 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 
20Form 4029. In lieu of a photograph, an applicant regardless of 
21age seeking a religious exemption to the photograph 
22requirement shall submit fingerprints on a form and manner 
23prescribed by the Illinois State Police with his or her 
24application. 
25 (a-25) Beginning January 1, 2023, each applicant for the 
26issuance of a Firearm Owner's Identification Card may include 
 
 
HB4020- 8 -LRB103 31472 RLC 59277 b


1a full set of his or her fingerprints in electronic format to 
2the Illinois State Police, unless the applicant has previously 
3provided a full set of his or her fingerprints to the Illinois 
4State Police under this Act or the Firearm Concealed Carry 
5Act.
6 The fingerprints must be transmitted through a live scan 
7fingerprint vendor licensed by the Department of Financial and 
8Professional Regulation. The fingerprints shall be checked 
9against the fingerprint records now and hereafter filed in the 
10Illinois State Police and Federal Bureau of Investigation 
11criminal history records databases, including all available 
12State and local criminal history record information files.
13 The Illinois State Police shall charge applicants a 
14one-time fee for conducting the criminal history record check, 
15which shall be deposited into the State Police Services Fund 
16and shall not exceed the actual cost of the State and national 
17criminal history record check.
18 (a-26) The Illinois State Police shall research, explore, 
19and report to the General Assembly by January 1, 2022 on the 
20feasibility of permitting voluntarily submitted fingerprints 
21obtained for purposes other than Firearm Owner's 
22Identification Card enforcement that are contained in the 
23Illinois State Police database for purposes of this Act. 
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 
 
 
HB4020- 9 -LRB103 31472 RLC 59277 b


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. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; 
9102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 
105-27-22; 102-1116, eff. 1-10-23.)




11 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

12 Sec. 8. Grounds for denial and revocation. The Illinois 
13State Police has authority to deny an
application for or to 
14revoke and seize a Firearm Owner's Identification
Card 
15previously issued under this Act only if the Illinois State 
16Police finds that the
applicant or the person to whom such card 
17was issued is or was at the time
of issuance:

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

21  (b) (Blank); This subsection (b) applies through the 
22 180th day following July 12, 2019 (the effective date of 
23 Public Act 101-80). A person under 21 years of age who does 
24 not have the written consent
of his parent or guardian to 
25 acquire and possess firearms and firearm
ammunition, or 
 
 
HB4020- 10 -LRB103 31472 RLC 59277 b


1 whose parent or guardian has revoked such written consent,

2 or where such parent or guardian does not qualify to have a 
3 Firearm Owner's
Identification Card;
4  (b-5) This subsection (b-5) applies on and after the 
5 181st day following July 12, 2019 (the effective date of 
6 Public Act 101-80). A person under 18 21 years of age who 
7 is not an active duty member of the United States Armed 
8 Forces or the Illinois National Guard and does not have 
9 the written consent
of his or her parent or guardian to 
10 acquire and possess firearms and firearm
ammunition, or 
11 whose parent or guardian has revoked such written consent,

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

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

16  (d) A person addicted to narcotics;

17  (e) A person who has been a patient of a mental health 
18 facility within the
past 5 years or a person who has been a 
19 patient in a mental health facility more than 5 years ago 
20 who has not received the certification required under 
21 subsection (u) of this Section. An active law enforcement 
22 officer employed by a unit of government or a Department 
23 of Corrections employee authorized to possess firearms who 
24 is denied, revoked, or has his or her Firearm Owner's 
25 Identification Card seized under this subsection (e) may 
26 obtain relief as described in subsection (c-5) of Section 
 
 
HB4020- 11 -LRB103 31472 RLC 59277 b


1 10 of this Act if the officer or employee did not act in a 
2 manner threatening to the officer or employee, another 
3 person, or the public as determined by the treating 
4 clinical psychologist or physician, and the officer or 
5 employee seeks mental health treatment;

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

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

10  (h) A person who intentionally makes a false statement 
11 in the Firearm
Owner's Identification Card application or 
12 endorsement affidavit;

13  (i) A noncitizen who is unlawfully present in
the 
14 United States under the laws of the United States;

15  (i-5) A noncitizen who has been admitted to the United 
16 States under a
non-immigrant visa (as that term is defined 
17 in Section 101(a)(26) of the
Immigration and Nationality 
18 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
19 (i-5) does not apply to any noncitizen who has been 
20 lawfully admitted to
the United States under a 
21 non-immigrant visa if that noncitizen is:

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

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

26    (A) accredited to the United States Government 
 
 
HB4020- 12 -LRB103 31472 RLC 59277 b


1 or the Government's
mission to an international 
2 organization having its headquarters in the United

3 States; or

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

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

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

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

15  (j) (Blank);

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

20 used or possessed;

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

23 similar offense in another jurisdiction committed before, 
24 on or after January 1, 2012 (the effective date of Public 
25 Act 97-158). If the applicant or person who has been 
26 previously issued a Firearm Owner's Identification Card 
 
 
HB4020- 13 -LRB103 31472 RLC 59277 b


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

13  (m) (Blank);

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

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


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

25  (q) A person who is not a resident of the State of 
26 Illinois, except as provided in subsection (a-10) of 
 
 
HB4020- 14 -LRB103 31472 RLC 59277 b


1 Section 4; 
2  (r) A person who has been adjudicated as a person with 
3 a mental disability; 
4  (s) A person who has been found to have a 
5 developmental disability; 
6  (t) A person involuntarily admitted into a mental 
7 health facility; or 
8  (u) A person who has had his or her Firearm Owner's 
9 Identification Card revoked or denied under subsection (e) 
10 of this Section or item (iv) of paragraph (2) of 
11 subsection (a) of Section 4 of this Act because he or she 
12 was a patient in a mental health facility as provided in 
13 subsection (e) of this Section, shall not be permitted to 
14 obtain a Firearm Owner's Identification Card, after the 
15 5-year period has lapsed, unless he or she has received a 
16 mental health evaluation by a physician, clinical 
17 psychologist, or qualified examiner as those terms are 
18 defined in the Mental Health and Developmental 
19 Disabilities Code, and has received a certification that 
20 he or she is not a clear and present danger to himself, 
21 herself, or others. The physician, clinical psychologist, 
22 or qualified examiner making the certification and his or 
23 her employer shall not be held criminally, civilly, or 
24 professionally liable for making or not making the 
25 certification required under this subsection, except for 
26 willful or wanton misconduct. This subsection does not 
 
 
HB4020- 15 -LRB103 31472 RLC 59277 b


1 apply to a person whose firearm possession rights have 
2 been restored through administrative or judicial action 
3 under Section 10 or 11 of this Act. 
4 Upon revocation of a person's Firearm Owner's 
5Identification Card, the Illinois State Police shall provide 
6notice to the person and the person shall comply with Section 
79.5 of this Act. 
8(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
9102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
105-27-22; 102-1116, eff. 1-10-23.)



11 Section 10. The Firearm Concealed Carry Act is amended by 
12changing Section 25 as follows:

13 (430 ILCS 66/25)

14 Sec. 25. Qualifications for a license. 
15 The Illinois State Police shall issue a license to an 
16applicant completing an application in accordance with Section 
1730 of this Act if the person:
18  (1) is at least 18 21 years of age;
19  (2) has a currently valid Firearm Owner's 
20 Identification Card and at the time of application meets 
21 the requirements for the issuance of a Firearm Owner's 
22 Identification Card and is not prohibited under the 
23 Firearm Owners Identification Card Act or federal law from 
24 possessing or receiving a firearm;
 
 
HB4020- 16 -LRB103 31472 RLC 59277 b


1  (3) has not been convicted or found guilty in this 
2 State or in any other state of:
3   (A) a misdemeanor involving the use or threat of 
4 physical force or violence to any person within the 5 
5 years preceding the date of the license application; 
6 or
7   (B) 2 or more violations related to driving while 
8 under the influence of alcohol, other drug or drugs, 
9 intoxicating compound or compounds, or any combination 
10 thereof, within the 5 years preceding the date of the 
11 license application;
12  (4) is not the subject of a pending arrest warrant, 
13 prosecution, or proceeding for an offense or action that 
14 could lead to disqualification to own or possess a 
15 firearm;
16  (5) has not been in residential or court-ordered 
17 treatment for alcoholism, alcohol detoxification, or drug 
18 treatment within the 5 years immediately preceding the 
19 date of the license application; and
20  (6) has completed firearms training and any education 
21 component required under Section 75 of this Act.

22(Source: P.A. 102-538, eff. 8-20-21.)