Bill Text: IL HB2845 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Firearm Owners Identification Card Act. Lowers the age in which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2017-05-12 - Added Co-Sponsor Rep. Reginald Phillips [HB2845 Detail]

Download: Illinois-2017-HB2845-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2845

Introduced , by Rep. Terri Bryant

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. Lowers the age in which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029.
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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 4 and 8 as follows:
6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
7 Sec. 4. (a) Each applicant for a Firearm Owner's
8Identification Card must:
9 (1) Make application on blank forms prepared and
10 furnished at convenient locations throughout the State by
11 the Department of State Police, or by electronic means, if
12 and when made available by the Department of State Police;
13 and
14 (2) Submit evidence to the Department of State Police
15 that:
16 (i) He or she is 18 21 years of age or over, or if
17 he or she is under 18 21 years of age that he or she has
18 the written consent of his or her parent or legal
19 guardian to possess and acquire firearms and firearm
20 ammunition and that, if he or she is under 21 years of
21 age, he or she has never been convicted of a
22 misdemeanor other than a traffic offense or adjudged
23 delinquent, provided, however, that, if the applicant

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1 is under 18 years of age, the such parent or legal
2 guardian is not an individual prohibited from having a
3 Firearm Owner's Identification Card and files an
4 affidavit with the Department as prescribed by the
5 Department stating that he or she is not an individual
6 prohibited from having a Card;
7 (ii) He or she has not been convicted of a felony
8 under the laws of this or any other jurisdiction;
9 (iii) He or she is not addicted to narcotics;
10 (iv) He or she has not been a patient in a mental
11 health facility within the past 5 years or, if he or
12 she has been a patient in a mental health facility more
13 than 5 years ago submit the certification required
14 under subsection (u) of Section 8 of this Act;
15 (v) He or she is not a person with an intellectual
16 disability;
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;
4 (xv) He or she has not been adjudicated as a person
5 with a mental disability;
6 (xvi) He or she has not been involuntarily admitted
7 into a mental health facility; and
8 (xvii) He or she is not a person with a
9 developmental disability; and
10 (3) Upon request by the Department of State Police,
11 sign a release on a form prescribed by the Department of
12 State Police waiving any right to confidentiality and
13 requesting the disclosure to the Department of State Police
14 of limited mental health institution admission information
15 from another state, the District of Columbia, any other
16 territory of the United States, or a foreign nation
17 concerning the applicant for the sole purpose of
18 determining whether the applicant is or was a patient in a
19 mental health institution and disqualified because of that
20 status from receiving a Firearm Owner's Identification
21 Card. No mental health care or treatment records may be
22 requested. The information received shall be destroyed
23 within one year of receipt.
24 (a-5) Each applicant for a Firearm Owner's Identification
25Card who is over the age of 18 shall furnish to the Department
26of State Police either his or her Illinois driver's license

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1number or Illinois Identification Card number, except as
2provided in subsection (a-10).
3 (a-10) Each applicant for a Firearm Owner's Identification
4Card, who is employed as a law enforcement officer, an armed
5security officer in Illinois, or by the United States Military
6permanently assigned in Illinois and who is not an Illinois
7resident, shall furnish to the Department of State Police his
8or her driver's license number or state identification card
9number from his or her state of residence. The Department of
10State Police may adopt rules to enforce the provisions of this
11subsection (a-10).
12 (a-15) If an applicant applying for a Firearm Owner's
13Identification Card moves from the residence address named in
14the application, he or she shall immediately notify in a form
15and manner prescribed by the Department of State Police of that
16change of address.
17 (a-20) Each applicant for a Firearm Owner's Identification
18Card shall furnish to the Department of State Police his or her
19photograph. An applicant who is 18 21 years of age or older
20seeking a religious exemption to the photograph requirement
21must furnish with the application an approved copy of United
22States Department of the Treasury Internal Revenue Service Form
234029. In lieu of a photograph, an applicant regardless of age
24seeking a religious exemption to the photograph requirement
25shall submit fingerprints on a form and manner prescribed by
26the Department with his or her application.

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1 (b) Each application form shall include the following
2statement printed in bold type: "Warning: Entering false
3information on an application for a Firearm Owner's
4Identification Card is punishable as a Class 2 felony in
5accordance with subsection (d-5) of Section 14 of the Firearm
6Owners Identification Card Act.".
7 (c) Upon such written consent, pursuant to Section 4,
8paragraph (a)(2)(i), the parent or legal guardian giving the
9consent shall be liable for any damages resulting from the
10applicant's use of firearms or firearm ammunition.
11(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
12 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
13 Sec. 8. Grounds for denial and revocation. The Department
14of State Police has authority to deny an application for or to
15revoke and seize a Firearm Owner's Identification Card
16previously issued under this Act only if the Department finds
17that the applicant or the person to whom such card was issued
18is or was at the time of issuance:
19 (a) A person under 21 years of age who has been
20 convicted of a misdemeanor other than a traffic offense or
21 adjudged delinquent;
22 (b) A person under 18 21 years of age who does not have
23 the written consent of his parent or guardian to acquire
24 and possess firearms and firearm ammunition, or whose
25 parent or guardian has revoked such written consent, or

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1 where such parent or guardian does not qualify to have a
2 Firearm Owner's Identification Card;
3 (c) A person convicted of a felony under the laws of
4 this or any other jurisdiction;
5 (d) A person addicted to narcotics;
6 (e) A person who has been a patient of a mental health
7 facility within the past 5 years or a person who has been a
8 patient in a mental health facility more than 5 years ago
9 who has not received the certification required under
10 subsection (u) of this Section. An active law enforcement
11 officer employed by a unit of government who is denied,
12 revoked, or has his or her Firearm Owner's Identification
13 Card seized under this subsection (e) may obtain relief as
14 described in subsection (c-5) of Section 10 of this Act if
15 the officer did not act in a manner threatening to the
16 officer, another person, or the public as determined by the
17 treating clinical psychologist or physician, and the
18 officer seeks mental health treatment;
19 (f) A person whose mental condition is of such a nature
20 that it poses a clear and present danger to the applicant,
21 any other person or persons or the community;
22 (g) A person who has an intellectual disability;
23 (h) A person who intentionally makes a false statement
24 in the Firearm Owner's Identification Card application;
25 (i) An alien who is unlawfully present in the United
26 States under the laws of the United States;

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1 (i-5) An alien who has been admitted to the United
2 States under a non-immigrant visa (as that term is defined
3 in Section 101(a)(26) of the Immigration and Nationality
4 Act (8 U.S.C. 1101(a)(26))), except that this subsection
5 (i-5) does not apply to any alien who has been lawfully
6 admitted to the United States under a non-immigrant visa if
7 that alien is:
8 (1) admitted to the United States for lawful
9 hunting or sporting purposes;
10 (2) an official representative of a foreign
11 government who is:
12 (A) accredited to the United States Government
13 or the Government's mission to an international
14 organization having its headquarters in the United
15 States; or
16 (B) en route to or from another country to
17 which that alien is accredited;
18 (3) an official of a foreign government or
19 distinguished foreign visitor who has been so
20 designated by the Department of State;
21 (4) a foreign law enforcement officer of a friendly
22 foreign government entering the United States on
23 official business; or
24 (5) one who has received a waiver from the Attorney
25 General of the United States pursuant to 18 U.S.C.
26 922(y)(3);

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1 (j) (Blank);
2 (k) A person who has been convicted within the past 5
3 years of battery, assault, aggravated assault, violation
4 of an order of protection, or a substantially similar
5 offense in another jurisdiction, in which a firearm was
6 used or possessed;
7 (l) A person who has been convicted of domestic
8 battery, aggravated domestic battery, or a substantially
9 similar offense in another jurisdiction committed before,
10 on or after January 1, 2012 (the effective date of Public
11 Act 97-158). If the applicant or person who has been
12 previously issued a Firearm Owner's Identification Card
13 under this Act knowingly and intelligently waives the right
14 to have an offense described in this paragraph (l) tried by
15 a jury, and by guilty plea or otherwise, results in a
16 conviction for an offense in which a domestic relationship
17 is not a required element of the offense but in which a
18 determination of the applicability of 18 U.S.C. 922(g)(9)
19 is made under Section 112A-11.1 of the Code of Criminal
20 Procedure of 1963, an entry by the court of a judgment of
21 conviction for that offense shall be grounds for denying an
22 application for and for revoking and seizing a Firearm
23 Owner's Identification Card previously issued to the
24 person under this Act;
25 (m) (Blank);
26 (n) A person who is prohibited from acquiring or

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1 possessing firearms or firearm ammunition by any Illinois
2 State statute or by federal law;
3 (o) A minor subject to a petition filed under Section
4 5-520 of the Juvenile Court Act of 1987 alleging that the
5 minor is a delinquent minor for the commission of an
6 offense that if committed by an adult would be a felony;
7 (p) An adult who had been adjudicated a delinquent
8 minor under the Juvenile Court Act of 1987 for the
9 commission of an offense that if committed by an adult
10 would be a felony;
11 (q) A person who is not a resident of the State of
12 Illinois, except as provided in subsection (a-10) of
13 Section 4;
14 (r) A person who has been adjudicated as a person with
15 a mental disability;
16 (s) A person who has been found to have a developmental
17 disability;
18 (t) A person involuntarily admitted into a mental
19 health facility; or
20 (u) A person who has had his or her Firearm Owner's
21 Identification Card revoked or denied under subsection (e)
22 of this Section or item (iv) of paragraph (2) of subsection
23 (a) of Section 4 of this Act because he or she was a
24 patient in a mental health facility as provided in
25 subsection (e) of this Section, shall not be permitted to
26 obtain a Firearm Owner's Identification Card, after the

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1 5-year period has lapsed, unless he or she has received a
2 mental health evaluation by a physician, clinical
3 psychologist, or qualified examiner as those terms are
4 defined in the Mental Health and Developmental
5 Disabilities Code, and has received a certification that he
6 or she is not a clear and present danger to himself,
7 herself, or others. The physician, clinical psychologist,
8 or qualified examiner making the certification and his or
9 her employer shall not be held criminally, civilly, or
10 professionally liable for making or not making the
11 certification required under this subsection, except for
12 willful or wanton misconduct. This subsection does not
13 apply to a person whose firearm possession rights have been
14 restored through administrative or judicial action under
15 Section 10 or 11 of this Act.
16 Upon revocation of a person's Firearm Owner's
17Identification Card, the Department of State Police shall
18provide notice to the person and the person shall comply with
19Section 9.5 of this Act.
20(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
21eff. 7-16-14; 99-143, eff. 7-27-15.)
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