Bill Text: IL HB0888 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall conduct a search of the purchasers' social media accounts available to the public to determine if there is any information that would disqualify the person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. Provides that each applicant for a Firearm Owner's Identification Card shall furnish to the Department of State Police a list of every social media account.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-02-06 - Added Co-Sponsor Rep. Linda Chapa LaVia [HB0888 Detail]

Download: Illinois-2019-HB0888-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0888

Introduced , by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:
430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
430 ILCS 65/4 from Ch. 38, par. 83-4

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall conduct a search of the purchasers' social media accounts available to the public to determine if there is any information that would disqualify the person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. Provides that each applicant for a Firearm Owner's Identification Card shall furnish to the Department of State Police a list of every social media account.
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A BILL FOR

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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 3.1 and 4 as follows:
6 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
7 Sec. 3.1. Dial up system.
8 (a) The Department of State Police shall provide a dial up
9telephone system or utilize other existing technology which
10shall be used by any federally licensed firearm dealer, gun
11show promoter, or gun show vendor who is to transfer a firearm,
12stun gun, or taser under the provisions of this Act. The
13Department of State Police may utilize existing technology
14which allows the caller to be charged a fee not to exceed $2.
15Fees collected by the Department of State Police shall be
16deposited in the State Police Services Fund and used to provide
17the service.
18 (b) Upon receiving a request from a federally licensed
19firearm dealer, gun show promoter, or gun show vendor, the
20Department of State Police shall immediately approve, or within
21the time period established by Section 24-3 of the Criminal
22Code of 2012 regarding the delivery of firearms, stun guns, and
23tasers notify the inquiring dealer, gun show promoter, or gun

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1show vendor of any objection that would disqualify the
2transferee from acquiring or possessing a firearm, stun gun, or
3taser. In conducting the inquiry, the Department of State
4Police shall initiate and complete an automated search of its
5criminal history record information files and those of the
6Federal Bureau of Investigation, including the National
7Instant Criminal Background Check System, and of the files of
8the Department of Human Services relating to mental health and
9developmental disabilities to obtain any felony conviction or
10patient hospitalization information which would disqualify a
11person from obtaining or require revocation of a currently
12valid Firearm Owner's Identification Card. The Department of
13State Police shall conduct a search of the purchasers' social
14media accounts available to the public to determine if there is
15any information that would disqualify the person from obtaining
16or require revocation of a currently valid Firearm Owner's
17Identification Card.
18 (c) If receipt of a firearm would not violate Section 24-3
19of the Criminal Code of 2012, federal law, or this Act the
20Department of State Police shall:
21 (1) assign a unique identification number to the
22 transfer; and
23 (2) provide the licensee, gun show promoter, or gun
24 show vendor with the number.
25 (d) Approvals issued by the Department of State Police for
26the purchase of a firearm are valid for 30 days from the date

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1of issue.
2 (e) (1) The Department of State Police must act as the
3Illinois Point of Contact for the National Instant Criminal
4Background Check System.
5 (2) The Department of State Police and the Department of
6Human Services shall, in accordance with State and federal law
7regarding confidentiality, enter into a memorandum of
8understanding with the Federal Bureau of Investigation for the
9purpose of implementing the National Instant Criminal
10Background Check System in the State. The Department of State
11Police shall report the name, date of birth, and physical
12description of any person prohibited from possessing a firearm
13pursuant to the Firearm Owners Identification Card Act or 18
14U.S.C. 922(g) and (n) to the National Instant Criminal
15Background Check System Index, Denied Persons Files.
16 (3) The Department of State Police shall provide notice of
17the disqualification of a person under subsection (b) of this
18Section or the revocation of a person's Firearm Owner's
19Identification Card under Section 8 or Section 8.2 of this Act,
20and the reason for the disqualification or revocation, to all
21law enforcement agencies with jurisdiction to assist with the
22seizure of the person's Firearm Owner's Identification Card.
23 (f) The Department of State Police shall adopt rules not
24inconsistent with this Section to implement this system.
25(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)

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1 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
2 Sec. 4. Application for Firearm Owner's Identification
3Card.
4 (a) Each applicant for a Firearm Owner's Identification
5Card must:
6 (1) Make application on blank forms prepared and
7 furnished at convenient locations throughout the State by
8 the Department of State Police, or by electronic means, if
9 and when made available by the Department of State Police;
10 and
11 (2) Submit evidence to the Department of State Police
12 that:
13 (i) He or she is 21 years of age or over, or if he
14 or she is under 21 years of age that he or she has the
15 written consent of his or her parent or legal guardian
16 to possess and acquire firearms and firearm ammunition
17 and that he or she has never been convicted of a
18 misdemeanor other than a traffic offense or adjudged
19 delinquent, provided, however, that such parent or
20 legal guardian is not an individual prohibited from
21 having a Firearm Owner's Identification Card and files
22 an affidavit with the Department as prescribed by the
23 Department stating that he or she is not an individual
24 prohibited from having a Card;
25 (ii) He or she has not been convicted of a felony
26 under the laws of this or any other jurisdiction;

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1 (iii) He or she is not addicted to narcotics;
2 (iv) He or she has not been a patient in a mental
3 health facility within the past 5 years or, if he or
4 she has been a patient in a mental health facility more
5 than 5 years ago submit the certification required
6 under subsection (u) of Section 8 of this Act;
7 (v) He or she is not a person with an intellectual
8 disability;
9 (vi) He or she is not an alien who is unlawfully
10 present in the United States under the laws of the
11 United States;
12 (vii) He or she is not subject to an existing order
13 of protection prohibiting him or her from possessing a
14 firearm;
15 (viii) He or she has not been convicted within the
16 past 5 years of battery, assault, aggravated assault,
17 violation of an order of protection, or a substantially
18 similar offense in another jurisdiction, in which a
19 firearm was used or possessed;
20 (ix) He or she has not been convicted of domestic
21 battery, aggravated domestic battery, or a
22 substantially similar offense in another jurisdiction
23 committed before, on or after January 1, 2012 (the
24 effective date of Public Act 97-158). If the applicant
25 knowingly and intelligently waives the right to have an
26 offense described in this clause (ix) tried by a jury,

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1 and by guilty plea or otherwise, results in a
2 conviction for an offense in which a domestic
3 relationship is not a required element of the offense
4 but in which a determination of the applicability of 18
5 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
6 Code of Criminal Procedure of 1963, an entry by the
7 court of a judgment of conviction for that offense
8 shall be grounds for denying the issuance of a Firearm
9 Owner's Identification Card under this Section;
10 (x) (Blank);
11 (xi) He or she is not an alien who has been
12 admitted to the United States under a non-immigrant
13 visa (as that term is defined in Section 101(a)(26) of
14 the Immigration and Nationality Act (8 U.S.C.
15 1101(a)(26))), or that he or she is an alien who has
16 been lawfully admitted to the United States under a
17 non-immigrant visa if that alien is:
18 (1) admitted to the United States for lawful
19 hunting or sporting purposes;
20 (2) an official representative of a foreign
21 government who is:
22 (A) accredited to the United States
23 Government or the Government's mission to an
24 international organization having its
25 headquarters in the United States; or
26 (B) en route to or from another country to

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1 which that alien is accredited;
2 (3) an official of a foreign government or
3 distinguished foreign visitor who has been so
4 designated by the Department of State;
5 (4) a foreign law enforcement officer of a
6 friendly foreign government entering the United
7 States on official business; or
8 (5) one who has received a waiver from the
9 Attorney General of the United States pursuant to
10 18 U.S.C. 922(y)(3);
11 (xii) He or she is not a minor subject to a
12 petition filed under Section 5-520 of the Juvenile
13 Court Act of 1987 alleging that the minor is a
14 delinquent minor for the commission of an offense that
15 if committed by an adult would be a felony;
16 (xiii) He or she is not an adult who had been
17 adjudicated a delinquent minor under the Juvenile
18 Court Act of 1987 for the commission of an offense that
19 if committed by an adult would be a felony;
20 (xiv) He or she is a resident of the State of
21 Illinois;
22 (xv) He or she has not been adjudicated as a person
23 with a mental disability;
24 (xvi) He or she has not been involuntarily admitted
25 into a mental health facility; and
26 (xvii) He or she is not a person with a

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1 developmental disability; and
2 (3) Upon request by the Department of State Police,
3 sign a release on a form prescribed by the Department of
4 State Police waiving any right to confidentiality and
5 requesting the disclosure to the Department of State Police
6 of limited mental health institution admission information
7 from another state, the District of Columbia, any other
8 territory of the United States, or a foreign nation
9 concerning the applicant for the sole purpose of
10 determining whether the applicant is or was a patient in a
11 mental health institution and disqualified because of that
12 status from receiving a Firearm Owner's Identification
13 Card. No mental health care or treatment records may be
14 requested. The information received shall be destroyed
15 within one year of receipt.
16 (a-5) Each applicant for a Firearm Owner's Identification
17Card who is over the age of 18 shall furnish to the Department
18of State Police either his or her Illinois driver's license
19number or Illinois Identification Card number, except as
20provided in subsection (a-10).
21 (a-10) Each applicant for a Firearm Owner's Identification
22Card, who is employed as a law enforcement officer, an armed
23security officer in Illinois, or by the United States Military
24permanently assigned in Illinois and who is not an Illinois
25resident, shall furnish to the Department of State Police his
26or her driver's license number or state identification card

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1number from his or her state of residence. The Department of
2State Police may adopt rules to enforce the provisions of this
3subsection (a-10).
4 (a-15) If an applicant applying for a Firearm Owner's
5Identification Card moves from the residence address named in
6the application, he or she shall immediately notify in a form
7and manner prescribed by the Department of State Police of that
8change of address.
9 (a-20) Each applicant for a Firearm Owner's Identification
10Card shall furnish to the Department of State Police his or her
11photograph. An applicant who is 21 years of age or older
12seeking a religious exemption to the photograph requirement
13must furnish with the application an approved copy of United
14States Department of the Treasury Internal Revenue Service Form
154029. In lieu of a photograph, an applicant regardless of age
16seeking a religious exemption to the photograph requirement
17shall submit fingerprints on a form and manner prescribed by
18the Department with his or her application.
19 (a-25) Each applicant for a Firearm Owner's Identification
20Card shall furnish to the Department of State Police a list of
21every social media account.
22 (b) Each application form shall include the following
23statement printed in bold type: "Warning: Entering false
24information on an application for a Firearm Owner's
25Identification Card is punishable as a Class 2 felony in
26accordance with subsection (d-5) of Section 14 of the Firearm

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1Owners Identification Card Act.".
2 (c) Upon such written consent, pursuant to Section 4,
3paragraph (a)(2)(i), the parent or legal guardian giving the
4consent shall be liable for any damages resulting from the
5applicant's use of firearms or firearm ammunition.
6(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
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