Sen. Kyle McCarter

Filed: 4/12/2013

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1 AMENDMENT TO SENATE BILL 1969

2 AMENDMENT NO. ______. Amend Senate Bill 1969 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 4 and 8 as follows:

6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)

7 (Text of Section before amendment by P.A. 97-1167)

8 Sec. 4. (a) Each applicant for a Firearm Owner's

9 Identification Card must:

10 (1) Make application on blank forms prepared and

11 furnished at convenient locations throughout the State by

12 the Department of State Police, or by electronic means, if

13 and when made available by the Department of State Police;

14 and

15 (2) Submit evidence to the Department of State Police

16 that:

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1 (i) He or she is 18 ~~21~~ years of age or over, or if

2 he or she is under 18 ~~21~~years of age that he or she has

3 the written consent of his or her parent or legal

4 guardian to possess and acquire firearms and firearm

5 ammunition and that, if he or she is under 21 years of

6 age,he or she has never been convicted of a

7 misdemeanor other than a traffic offense or adjudged

8 delinquent, provided, however, that such parent or

9 legal guardian of an applicant under 18 years of age is

10 not an individual prohibited from having a Firearm

11 Owner's Identification Card and files an affidavit

12 with the Department as prescribed by the Department

13 stating that he or she is not an individual prohibited

14 from having a Card;

15 (ii) He or she has not been convicted of a felony

16 under the laws of this or any other jurisdiction;

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

18 (iv) He or she has not been a patient in a mental

19 institution within the past 5 years and he or she has

20 not been adjudicated as a mental defective;

21 (v) He or she is not intellectually disabled;

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 substantially

5 similar offense in another jurisdiction, in which a

6 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 an

13 offense described in this clause (ix) tried by a jury,

14 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 the

19 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; and

7 (xiv) He or she is a resident of the State of

8 Illinois; and

9 (3) Upon request by the Department of State Police,

10 sign a release on a form prescribed by the Department of

11 State Police waiving any right to confidentiality and

12 requesting the disclosure to the Department of State Police

13 of limited mental health institution admission information

14 from another state, the District of Columbia, any other

15 territory of the United States, or a foreign nation

16 concerning the applicant for the sole purpose of

17 determining whether the applicant is or was a patient in a

18 mental health institution and disqualified because of that

19 status from receiving a Firearm Owner's Identification

20 Card. No mental health care or treatment records may be

21 requested. The information received shall be destroyed

22 within one year of receipt.

23 (a-5) Each applicant for a Firearm Owner's Identification

24 Card who is over the age of 18 shall furnish to the Department

25 of State Police either his or her Illinois driver's license

26 number or Illinois Identification Card number, except as

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1 provided in subsection (a-10).

2 (a-10) Each applicant for a Firearm Owner's Identification

3 Card, who is employed as a law enforcement officer, an armed

4 security officer in Illinois, or by the United States Military

5 permanently assigned in Illinois and who is not an Illinois

6 resident, shall furnish to the Department of State Police his

7 or her driver's license number or state identification card

8 number from his or her state of residence. The Department of

9 State Police may promulgate rules to enforce the provisions of

10 this subsection (a-10).

11 (a-15) If an applicant applying for a Firearm Owner's

12 Identification Card moves from the residence address named in

13 the application, he or she shall immediately notify in a form

14 and manner prescribed by the Department of State Police of that

15 change of address.

16 (a-20) Each applicant for a Firearm Owner's Identification

17 Card shall furnish to the Department of State Police his or her

18 photograph. An applicant who is 21 years of age or older

19 seeking a religious exemption to the photograph requirement

20 must furnish with the application an approved copy of United

21 States Department of the Treasury Internal Revenue Service Form

22 4029. In lieu of a photograph, an applicant regardless of age

23 seeking a religious exemption to the photograph requirement

24 shall submit fingerprints on a form and manner prescribed by

25 the Department with his or her application.

26 (b) Each application form shall include the following

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1 statement printed in bold type: "Warning: Entering false

2 information on an application for a Firearm Owner's

3 Identification Card is punishable as a Class 2 felony in

4 accordance with subsection (d-5) of Section 14 of the Firearm

5 Owners Identification Card Act.".

6 (c) Upon such written consent, pursuant to Section 4,

7 paragraph (a)(2)(i), the parent or legal guardian giving the

8 consent shall be liable for any damages resulting from the

9 applicant's use of firearms or firearm ammunition.

10 (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,

11 eff. 7-13-12; 97-1131, eff. 1-1-13.)

12 (Text of Section after amendment by P.A. 97-1167)

13 Sec. 4. (a) Each applicant for a Firearm Owner's

14 Identification Card must:

15 (1) Make application on blank forms prepared and

16 furnished at convenient locations throughout the State by

17 the Department of State Police, or by electronic means, if

18 and when made available by the Department of State Police;

19 and

20 (2) Submit evidence to the Department of State Police

21 that:

22 (i) He or she is 18 ~~21~~ years of age or over, or if

23 he or she is under 18 ~~21~~years of age that he or she has

24 the written consent of his or her parent or legal

25 guardian to possess and acquire firearms and firearm

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1 ammunition and that, if he or she is under 21 years of

2 age,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 of an applicant under 18 years of age is

6 not an individual prohibited from having a Firearm

7 Owner's Identification Card and files an affidavit

8 with the Department as prescribed by the Department

9 stating that he or she is not an individual prohibited

10 from having a Card;

11 (ii) He or she has not been convicted of a felony

12 under the laws of this or any other jurisdiction;

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

14 (iv) He or she has not been a patient in a mental

15 institution within the past 5 years;

16 (v) He or she is not intellectually disabled;

17 (vi) He or she is not an alien who is unlawfully

18 present in the United States under the laws of the

19 United States;

20 (vii) He or she is not subject to an existing order

21 of protection prohibiting him or her from possessing a

22 firearm;

23 (viii) He or she has not been convicted within the

24 past 5 years of battery, assault, aggravated assault,

25 violation of an order of protection, or a substantially

26 similar offense in another jurisdiction, in which a

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1 firearm was used or possessed;

2 (ix) He or she has not been convicted of domestic

3 battery, aggravated domestic battery, or a

4 substantially similar offense in another jurisdiction

5 committed before, on or after January 1, 2012 (the

6 effective date of Public Act 97-158). If the applicant

7 knowingly and intelligently waives the right to have an

8 offense described in this clause (ix) tried by a jury,

9 and by guilty plea or otherwise, results in a

10 conviction for an offense in which a domestic

11 relationship is not a required element of the offense

12 but in which a determination of the applicability of 18

13 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the

14 Code of Criminal Procedure of 1963, an entry by the

15 court of a judgment of conviction for that offense

16 shall be grounds for denying the issuance of a Firearm

17 Owner's Identification Card under this Section;

18 (x) (Blank);

19 (xi) He or she is not an alien who has been

20 admitted to the United States under a non-immigrant

21 visa (as that term is defined in Section 101(a)(26) of

22 the Immigration and Nationality Act (8 U.S.C.

23 1101(a)(26))), or that he or she is an alien who has

24 been lawfully admitted to the United States under a

25 non-immigrant visa if that alien is:

26 (1) admitted to the United States for lawful

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1 hunting or sporting purposes;

2 (2) an official representative of a foreign

3 government who is:

4 (A) accredited to the United States

5 Government or the Government's mission to an

6 international organization having its

7 headquarters in the United States; or

8 (B) en route to or from another country to

9 which that alien is accredited;

10 (3) an official of a foreign government or

11 distinguished foreign visitor who has been so

12 designated by the Department of State;

13 (4) a foreign law enforcement officer of a

14 friendly foreign government entering the United

15 States on official business; or

16 (5) one who has received a waiver from the

17 Attorney General of the United States pursuant to

18 18 U.S.C. 922(y)(3);

19 (xii) He or she is not a minor subject to a

20 petition filed under Section 5-520 of the Juvenile

21 Court Act of 1987 alleging that the minor is a

22 delinquent minor for the commission of an offense that

23 if committed by an adult would be a felony;

24 (xiii) He or she is not an adult who had been

25 adjudicated a delinquent minor under the Juvenile

26 Court Act of 1987 for the commission of an offense that

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1 if committed by an adult would be a felony;

2 (xiv) He or she is a resident of the State of

3 Illinois; and

4 (xv) He or she has not been adjudicated as a mental

5 defective; and

6 (3) Upon request by the Department of State Police,

7 sign a release on a form prescribed by the Department of

8 State Police waiving any right to confidentiality and

9 requesting the disclosure to the Department of State Police

10 of limited mental health institution admission information

11 from another state, the District of Columbia, any other

12 territory of the United States, or a foreign nation

13 concerning the applicant for the sole purpose of

14 determining whether the applicant is or was a patient in a

15 mental health institution and disqualified because of that

16 status from receiving a Firearm Owner's Identification

17 Card. No mental health care or treatment records may be

18 requested. The information received shall be destroyed

19 within one year of receipt.

20 (a-5) Each applicant for a Firearm Owner's Identification

21 Card who is over the age of 18 shall furnish to the Department

22 of State Police either his or her Illinois driver's license

23 number or Illinois Identification Card number, except as

24 provided in subsection (a-10).

25 (a-10) Each applicant for a Firearm Owner's Identification

26 Card, who is employed as a law enforcement officer, an armed

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1 security officer in Illinois, or by the United States Military

2 permanently assigned in Illinois and who is not an Illinois

3 resident, shall furnish to the Department of State Police his

4 or her driver's license number or state identification card

5 number from his or her state of residence. The Department of

6 State Police may promulgate rules to enforce the provisions of

7 this subsection (a-10).

8 (a-15) If an applicant applying for a Firearm Owner's

9 Identification Card moves from the residence address named in

10 the application, he or she shall immediately notify in a form

11 and manner prescribed by the Department of State Police of that

12 change of address.

13 (a-20) Each applicant for a Firearm Owner's Identification

14 Card shall furnish to the Department of State Police his or her

15 photograph. An applicant who is 21 years of age or older

16 seeking a religious exemption to the photograph requirement

17 must furnish with the application an approved copy of United

18 States Department of the Treasury Internal Revenue Service Form

19 4029. In lieu of a photograph, an applicant regardless of age

20 seeking a religious exemption to the photograph requirement

21 shall submit fingerprints on a form and manner prescribed by

22 the Department with his or her application.

23 (b) Each application form shall include the following

24 statement printed in bold type: "Warning: Entering false

25 information on an application for a Firearm Owner's

26 Identification Card is punishable as a Class 2 felony in

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1 accordance with subsection (d-5) of Section 14 of the Firearm

2 Owners Identification Card Act.".

3 (c) Upon such written consent, pursuant to Section 4,

4 paragraph (a)(2)(i), the parent or legal guardian giving the

5 consent shall be liable for any damages resulting from the

6 applicant's use of firearms or firearm ammunition.

7 (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,

8 eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)

9 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

10 (Text of Section before amendment by P.A. 97-1167)

11 Sec. 8. The Department of State Police has authority to

12 deny an application for or to revoke and seize a Firearm

13 Owner's Identification Card previously issued under this Act

14 only if the Department finds that the applicant or the person

15 to whom such card was issued is or was at the time of issuance:

16 (a) A person under 21 years of age who has been convicted

17 of a misdemeanor other than a traffic offense or adjudged

18 delinquent;

19 (b) A person under 18 ~~21~~ years of age who does not have the

20 written consent of his parent or guardian to acquire and

21 possess firearms and firearm ammunition, or whose parent or

22 guardian has revoked such written consent, or where such parent

23 or guardian does not qualify to have a Firearm Owner's

24 Identification Card;

25 (c) A person convicted of a felony under the laws of this

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1 or any other jurisdiction;

2 (d) A person addicted to narcotics;

3 (e) A person who has been a patient of a mental institution

4 within the past 5 years or has been adjudicated as a mental

5 defective;

6 (f) A person whose mental condition is of such a nature

7 that it poses a clear and present danger to the applicant, any

8 other person or persons or the community;

9 For the purposes of this Section, "mental condition" means

10 a state of mind manifested by violent, suicidal, threatening or

11 assaultive behavior.

12 (g) A person who is intellectually disabled;

13 (h) A person who intentionally makes a false statement in

14 the Firearm Owner's Identification Card application;

15 (i) An alien who is unlawfully present in the United States

16 under the laws of the United States;

17 (i-5) An alien who has been admitted to the United States

18 under a non-immigrant visa (as that term is defined in Section

19 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.

20 1101(a)(26))), except that this subsection (i-5) does not apply

21 to any alien who has been lawfully admitted to the United

22 States under a non-immigrant visa if that alien is:

23 (1) admitted to the United States for lawful hunting or

24 sporting purposes;

25 (2) an official representative of a foreign government

26 who is:

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1 (A) accredited to the United States Government or

2 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 which

6 that alien is accredited;

7 (3) an official of a foreign government or

8 distinguished foreign visitor who has been so designated by

9 the Department of State;

10 (4) a foreign law enforcement officer of a friendly

11 foreign government entering the United States on official

12 business; or

13 (5) one who has received a waiver from the Attorney

14 General of the United States pursuant to 18 U.S.C.

15 922(y)(3);

16 (j) (Blank);

17 (k) A person who has been convicted within the past 5 years

18 of battery, assault, aggravated assault, violation of an order

19 of protection, or a substantially similar offense in another

20 jurisdiction, in which a firearm was used or possessed;

21 (l) A person who has been convicted of domestic battery,

22 aggravated domestic battery, or a substantially similar

23 offense in another jurisdiction committed before, on or after

24 January 1, 2012 (the effective date of Public Act 97-158). If

25 the applicant or person who has been previously issued a

26 Firearm Owner's Identification Card under this Act knowingly

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1 and intelligently waives the right to have an offense described

2 in this paragraph (l) tried by a jury, and by guilty plea or

3 otherwise, results in a conviction for an offense in which a

4 domestic relationship is not a required element of the offense

5 but in which a determination of the applicability of 18 U.S.C.

6 922(g)(9) is made under Section 112A-11.1 of the Code of

7 Criminal Procedure of 1963, an entry by the court of a judgment

8 of conviction for that offense shall be grounds for denying an

9 application for and for revoking and seizing a Firearm Owner's

10 Identification Card previously issued to the person under this

11 Act;

12 (m) (Blank);

13 (n) A person who is prohibited from acquiring or possessing

14 firearms or firearm ammunition by any Illinois State statute or

15 by federal law;

16 (o) A minor subject to a petition filed under Section 5-520

17 of the Juvenile Court Act of 1987 alleging that the minor is a

18 delinquent minor for the commission of an offense that if

19 committed by an adult would be a felony;

20 (p) An adult who had been adjudicated a delinquent minor

21 under the Juvenile Court Act of 1987 for the commission of an

22 offense that if committed by an adult would be a felony; or

23 (q) A person who is not a resident of the State of

24 Illinois, except as provided in subsection (a-10) of Section 4.

25 (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,

26 eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)

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1 (Text of Section after amendment by P.A. 97-1167)

2 Sec. 8. The Department of State Police has authority to

3 deny an application for or to revoke and seize a Firearm

4 Owner's Identification Card previously issued under this Act

5 only if the Department finds that the applicant or the person

6 to whom such card was issued is or was at the time of issuance:

7 (a) A person under 21 years of age who has been convicted

8 of a misdemeanor other than a traffic offense or adjudged

9 delinquent;

10 (b) A person under 18 ~~21~~ years of age who does not have the

11 written consent of his parent or guardian to acquire and

12 possess firearms and firearm ammunition, or whose parent or

13 guardian has revoked such written consent, or where such parent

14 or guardian does not qualify to have a Firearm Owner's

15 Identification Card;

16 (c) A person convicted of a felony under the laws of this

17 or any other jurisdiction;

18 (d) A person addicted to narcotics;

19 (e) A person who has been a patient of a mental institution

20 within the past 5 years. An active law enforcement officer

21 employed by a unit of government who is denied, revoked, or has

22 his or her Firearm Owner's Identification Card seized under

23 this subsection (e) may obtain relief as described in

24 subsection (c-5) of Section 10 of this Act if the officer did

25 not act in a manner threatening to the officer, another person,

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1 or the public as determined by the treating clinical

2 psychologist or physician, and the officer seeks mental health

3 treatment;

4 (f) A person whose mental condition is of such a nature

5 that it poses a clear and present danger to the applicant, any

6 other person or persons or the community;

7 For the purposes of this Section, "mental condition" means

8 a state of mind manifested by violent, suicidal, threatening or

9 assaultive behavior.

10 (g) A person who is intellectually disabled;

11 (h) A person who intentionally makes a false statement in

12 the Firearm Owner's Identification Card application;

13 (i) An alien who is unlawfully present in the United States

14 under the laws of the United States;

15 (i-5) An alien who has been admitted to the United States

16 under a non-immigrant visa (as that term is defined in Section

17 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.

18 1101(a)(26))), except that this subsection (i-5) does not apply

19 to any alien who has been lawfully admitted to the United

20 States under a non-immigrant visa if that alien is:

21 (1) admitted to the United States for lawful hunting or

22 sporting purposes;

23 (2) an official representative of a foreign government

24 who is:

25 (A) accredited to the United States Government or

26 the Government's mission to an international

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1 organization having its headquarters in the United

2 States; or

3 (B) en route to or from another country to which

4 that alien is accredited;

5 (3) an official of a foreign government or

6 distinguished foreign visitor who has been so designated by

7 the Department of State;

8 (4) a foreign law enforcement officer of a friendly

9 foreign government entering the United States on official

10 business; or

11 (5) one who has received a waiver from the Attorney

12 General of the United States pursuant to 18 U.S.C.

13 922(y)(3);

14 (j) (Blank);

15 (k) A person who has been convicted within the past 5 years

16 of battery, assault, aggravated assault, violation of an order

17 of protection, or a substantially similar offense in another

18 jurisdiction, in which a firearm was used or possessed;

19 (l) A person who has been convicted of domestic battery,

20 aggravated domestic battery, or a substantially similar

21 offense in another jurisdiction committed before, on or after

22 January 1, 2012 (the effective date of Public Act 97-158). If

23 the applicant or person who has been previously issued a

24 Firearm Owner's Identification Card under this Act knowingly

25 and intelligently waives the right to have an offense described

26 in this paragraph (l) tried by a jury, and by guilty plea or

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1 otherwise, results in a conviction for an offense in which a

2 domestic relationship is not a required element of the offense

3 but in which a determination of the applicability of 18 U.S.C.

4 922(g)(9) is made under Section 112A-11.1 of the Code of

5 Criminal Procedure of 1963, an entry by the court of a judgment

6 of conviction for that offense shall be grounds for denying an

7 application for and for revoking and seizing a Firearm Owner's

8 Identification Card previously issued to the person under this

9 Act;

10 (m) (Blank);

11 (n) A person who is prohibited from acquiring or possessing

12 firearms or firearm ammunition by any Illinois State statute or

13 by federal law;

14 (o) A minor subject to a petition filed under Section 5-520

15 of the Juvenile Court Act of 1987 alleging that the minor is a

16 delinquent minor for the commission of an offense that if

17 committed by an adult would be a felony;

18 (p) An adult who had been adjudicated a delinquent minor

19 under the Juvenile Court Act of 1987 for the commission of an

20 offense that if committed by an adult would be a felony;

21 (q) A person who is not a resident of the State of

22 Illinois, except as provided in subsection (a-10) of Section 4;

23 or

24 (r) A person who has been adjudicated as a mental

25 defective.

26 (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,

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1 eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;

2 97-1167, eff. 6-1-13.)

3 Section 95. No acceleration or delay. Where this Act makes

4 changes in a statute that is represented in this Act by text

5 that is not yet or no longer in effect (for example, a Section

6 represented by multiple versions), the use of that text does

7 not accelerate or delay the taking effect of (i) the changes

8 made by this Act or (ii) provisions derived from any other

9 Public Act.

10 Section 99. Effective date. This Act takes effect upon

11 becoming law.".