Bill Text: IL SB0074 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Firearm Owners Identification Card Act. Provides that on and after the effective date of the amendatory Act, each applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of his or her fingerprints in electronic format to the Department of State Police for the purpose of identity verification. Amends the Firearm Concealed Carry Act. Provides that a license application shall contain a full set of fingerprints submitted to the Department in electronic format for the purpose of verification of identity (rather than a license application shall contain a full set of fingerprints submitted to the Department in electronic format provided the Department may accept an application submitted without a set of fingerprints in which case the Department shall be granted 30 days in addition to the 90 days period to issue or deny a license).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2017-05-26 - Added as Co-Sponsor Sen. Patricia Van Pelt [SB0074 Detail]

Download: Illinois-2017-SB0074-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0074

Introduced 1/12/2017, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 66/30

Amends the Firearm Owners Identification Card Act. Provides that on and after the effective date of the amendatory Act, each applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of his or her fingerprints in electronic format to the Department of State Police for the purpose of identity verification. Amends the Firearm Concealed Carry Act. Provides that a license application shall contain a full set of fingerprints submitted to the Department in electronic format for the purpose of verification of identity (rather than a license application shall contain a full set of fingerprints submitted to the Department in electronic format provided the Department may accept an application submitted without a set of fingerprints in which case the Department shall be granted 30 days in addition to the 90 days period to issue or deny a license).
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A BILL FOR

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1 AN ACT concerning public 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 Section 4 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 21 years of age or over, or if he
17 or she is under 21 years of age that he or she has the
18 written consent of his or her parent or legal guardian
19 to possess and acquire firearms and firearm ammunition
20 and that he or she has never been convicted of a
21 misdemeanor other than a traffic offense or adjudged
22 delinquent, provided, however, that such parent or
23 legal guardian is not an individual prohibited from

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1 having a Firearm Owner's Identification Card and files
2 an affidavit with the Department as prescribed by the
3 Department stating that he or she is not an individual
4 prohibited from having a Card;
5 (ii) He or she has not been convicted of a felony
6 under the laws of this or any other jurisdiction;
7 (iii) He or she is not addicted to narcotics;
8 (iv) He or she has not been a patient in a mental
9 health facility within the past 5 years or, if he or
10 she has been a patient in a mental health facility more
11 than 5 years ago submit the certification required
12 under subsection (u) of Section 8 of this Act;
13 (v) He or she is not a person with an intellectual
14 disability;
15 (vi) He or she is not an alien who is unlawfully
16 present in the United States under the laws of the
17 United States;
18 (vii) He or she is not subject to an existing order
19 of protection prohibiting him or her from possessing a
20 firearm;
21 (viii) He or she has not been convicted within the
22 past 5 years of battery, assault, aggravated assault,
23 violation of an order of protection, or a substantially
24 similar offense in another jurisdiction, in which a
25 firearm was used or possessed;
26 (ix) He or she has not been convicted of domestic

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1 battery, aggravated domestic battery, or a
2 substantially similar offense in another jurisdiction
3 committed before, on or after January 1, 2012 (the
4 effective date of Public Act 97-158). If the applicant
5 knowingly and intelligently waives the right to have an
6 offense described in this clause (ix) tried by a jury,
7 and by guilty plea or otherwise, results in a
8 conviction for an offense in which a domestic
9 relationship is not a required element of the offense
10 but in which a determination of the applicability of 18
11 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
12 Code of Criminal Procedure of 1963, an entry by the
13 court of a judgment of conviction for that offense
14 shall be grounds for denying the issuance of a Firearm
15 Owner's Identification Card under this Section;
16 (x) (Blank);
17 (xi) He or she is not an alien who has been
18 admitted to the United States under a non-immigrant
19 visa (as that term is defined in Section 101(a)(26) of
20 the Immigration and Nationality Act (8 U.S.C.
21 1101(a)(26))), or that he or she is an alien who has
22 been lawfully admitted to the United States under a
23 non-immigrant visa if that alien is:
24 (1) admitted to the United States for lawful
25 hunting or sporting purposes;
26 (2) an official representative of a foreign

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1 government who is:
2 (A) accredited to the United States
3 Government or the Government's mission to an
4 international organization having its
5 headquarters in the United States; or
6 (B) en route to or from another country to
7 which that alien is accredited;
8 (3) an official of a foreign government or
9 distinguished foreign visitor who has been so
10 designated by the Department of State;
11 (4) a foreign law enforcement officer of a
12 friendly foreign government entering the United
13 States on official business; or
14 (5) one who has received a waiver from the
15 Attorney General of the United States pursuant to
16 18 U.S.C. 922(y)(3);
17 (xii) He or she is not a minor subject to a
18 petition filed under Section 5-520 of the Juvenile
19 Court Act of 1987 alleging that the minor is a
20 delinquent minor for the commission of an offense that
21 if committed by an adult would be a felony;
22 (xiii) He or she is not an adult who had been
23 adjudicated a delinquent minor under the Juvenile
24 Court Act of 1987 for the commission of an offense that
25 if committed by an adult would be a felony;
26 (xiv) He or she is a resident of the State of

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

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1 (a-10) Each applicant for a Firearm Owner's Identification
2Card, who is employed as a law enforcement officer, an armed
3security officer in Illinois, or by the United States Military
4permanently assigned in Illinois and who is not an Illinois
5resident, shall furnish to the Department of State Police his
6or her driver's license number or state identification card
7number from his or her state of residence. The Department of
8State Police may adopt rules to enforce the provisions of this
9subsection (a-10).
10 (a-15) If an applicant applying for a Firearm Owner's
11Identification Card moves from the residence address named in
12the application, he or she shall immediately notify in a form
13and manner prescribed by the Department of State Police of that
14change of address.
15 (a-20) Each applicant for a Firearm Owner's Identification
16Card shall furnish to the Department of State Police his or her
17photograph. An applicant who is 21 years of age or older
18seeking a religious exemption to the photograph requirement
19must furnish with the application an approved copy of United
20States Department of the Treasury Internal Revenue Service Form
214029. In lieu of a photograph, an applicant regardless of age
22seeking a religious exemption to the photograph requirement
23shall submit fingerprints on a form and manner prescribed by
24the Department with his or her application.
25 (a-25) On and after the effective date of this amendatory
26Act of the 100th General Assembly, each applicant for the

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1issuance or renewal of a Firearm Owner's Identification Card
2shall include a full set of his or her fingerprints in
3electronic format to the Department of State Police for the
4purpose of identity verification, unless the applicant has
5previously provided a full set of his or her fingerprints to
6the Department under this Act or the Firearm Concealed Carry
7Act.
8 (b) Each application form shall include the following
9statement printed in bold type: "Warning: Entering false
10information on an application for a Firearm Owner's
11Identification Card is punishable as a Class 2 felony in
12accordance with subsection (d-5) of Section 14 of the Firearm
13Owners Identification Card Act.".
14 (c) Upon such written consent, pursuant to Section 4,
15paragraph (a)(2)(i), the parent or legal guardian giving the
16consent shall be liable for any damages resulting from the
17applicant's use of firearms or firearm ammunition.
18(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
19 Section 10. The Firearm Concealed Carry Act is amended by
20changing Section 30 as follows:
21 (430 ILCS 66/30)
22 Sec. 30. Contents of license application.
23 (a) The license application shall be in writing, under
24penalty of perjury, on a standard form adopted by the

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1Department and shall be accompanied by the documentation
2required in this Section and the applicable fee. Each
3application form shall include the following statement printed
4in bold type: "Warning: Entering false information on this form
5is punishable as perjury under Section 32-2 of the Criminal
6Code of 2012."
7 (b) The application shall contain the following:
8 (1) the applicant's name, current address, date and
9 year of birth, place of birth, height, weight, hair color,
10 eye color, maiden name or any other name the applicant has
11 used or identified with, and any address where the
12 applicant resided for more than 30 days within the 10 years
13 preceding the date of the license application;
14 (2) the applicant's valid driver's license number or
15 valid state identification card number;
16 (3) a waiver of the applicant's privacy and
17 confidentiality rights and privileges under all federal
18 and state laws, including those limiting access to juvenile
19 court, criminal justice, psychological, or psychiatric
20 records or records relating to any institutionalization of
21 the applicant, and an affirmative request that a person
22 having custody of any of these records provide it or
23 information concerning it to the Department. The waiver
24 only applies to records sought in connection with
25 determining whether the applicant qualifies for a license
26 to carry a concealed firearm under this Act, or whether the

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1 applicant remains in compliance with the Firearm Owners
2 Identification Card Act;
3 (4) an affirmation that the applicant possesses a
4 currently valid Firearm Owner's Identification Card and
5 card number if possessed or notice the applicant is
6 applying for a Firearm Owner's Identification Card in
7 conjunction with the license application;
8 (5) an affirmation that the applicant has not been
9 convicted or found guilty of:
10 (A) a felony;
11 (B) a misdemeanor involving the use or threat of
12 physical force or violence to any person within the 5
13 years preceding the date of the application; or
14 (C) 2 or more violations related to driving while
15 under the influence of alcohol, other drug or drugs,
16 intoxicating compound or compounds, or any combination
17 thereof, within the 5 years preceding the date of the
18 license application; and
19 (6) whether the applicant has failed a drug test for a
20 drug for which the applicant did not have a prescription,
21 within the previous year, and if so, the provider of the
22 test, the specific substance involved, and the date of the
23 test;
24 (7) written consent for the Department to review and
25 use the applicant's Illinois digital driver's license or
26 Illinois identification card photograph and signature;

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1 (8) a full set of fingerprints submitted to the
2 Department in electronic format for the purpose of
3 verification of identity , provided the Department may
4 accept an application submitted without a set of
5 fingerprints in which case the Department shall be granted
6 30 days in addition to the 90 days provided under
7 subsection (e) of Section 10 of this Act to issue or deny a
8 license;
9 (9) a head and shoulder color photograph in a size
10 specified by the Department taken within the 30 days
11 preceding the date of the license application; and
12 (10) a photocopy of any certificates or other evidence
13 of compliance with the training requirements under this
14 Act.
15(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
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