Bill Text: IL SB1828 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Firearm Owners Identification Card Act. Provides that 180 days after the effective date of the bill, 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, unless the applicant has previously provided a full set of his or her fingerprints to the Department under this Act or the Firearm Concealed Carry Act. Provides that the fingerprints must be transmitted through a live scan fingerprint vendor licensed by the Department of Financial and Professional Regulation or a criminal justice agency authorized by the Department to submit fingerprints under the Act or the Firearm Concealed Carry Act. Provides that these fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department and Federal Bureau of Investigation criminal history records databases, including all available state and local criminal history record information files, including records of juvenile adjudications. Provides that the Department shall charge applicants a fee for conducting the criminal history record check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the State and national criminal history record check. Amends the Firearm Concealed Carry Act. Provides that a license application for a concealed carry license shall contain a full set of fingerprints submitted to the Department in electronic format for the purpose of verification of identity in a form and manner prescribed by the Department, unless the applicant has previously provided a full set of his or her fingerprints to the Department under the Firearm Owners Identification Card Act. Provides that an applicant for renewal need not resubmit a full set of his or her fingerprints if the applicant has previously provided a full set of his or her fingerprints to the Department under the Act or the Firearm Owners Identification Card Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1828 Detail]
Download: Illinois-2017-SB1828-Introduced.html
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
1 | AN ACT concerning safety.
| |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||
4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||
5 | amended 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 | |||||||||||||||||||||||
8 | Identification 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
23 | Card who is over
the age of 18 shall furnish to the Department | ||||||
24 | of State Police either his or
her Illinois driver's license | ||||||
25 | number or Illinois Identification Card number, except as
| ||||||
26 | provided in subsection (a-10).
|
| |||||||
| |||||||
1 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
2 | Card,
who is employed as a law enforcement officer, an armed | ||||||
3 | security officer in Illinois, or by the United States Military
| ||||||
4 | permanently assigned in Illinois and who is not an Illinois | ||||||
5 | resident, shall furnish to
the Department of State Police his | ||||||
6 | or her driver's license number or state
identification card | ||||||
7 | number from his or her state of residence. The Department
of | ||||||
8 | State Police may adopt rules to enforce the provisions of this
| ||||||
9 | subsection (a-10).
| ||||||
10 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
11 | Identification Card moves from the residence address named in | ||||||
12 | the application, he or she shall immediately notify in a form | ||||||
13 | and manner prescribed by the Department of State Police of that | ||||||
14 | change of address. | ||||||
15 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
16 | Card shall furnish to the Department of State Police his or her | ||||||
17 | photograph. An applicant who is 21 years of age or older | ||||||
18 | seeking a religious exemption to the photograph requirement | ||||||
19 | must furnish with the application an approved copy of United | ||||||
20 | States Department of the Treasury Internal Revenue Service Form | ||||||
21 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
22 | seeking a religious exemption to the photograph requirement | ||||||
23 | shall submit fingerprints on a form and manner prescribed by | ||||||
24 | the Department with his or her application. | ||||||
25 | (a-25) Beginning 180 days after the effective date of this | ||||||
26 | amendatory Act of the 100th General Assembly, each applicant |
| |||||||
| |||||||
1 | for the issuance or renewal of a Firearm Owner's Identification | ||||||
2 | Card shall include a full set of his or her fingerprints in | ||||||
3 | electronic format to the Department of State Police for the | ||||||
4 | purpose of identity verification, unless the applicant has | ||||||
5 | previously provided a full set of his or her fingerprints to | ||||||
6 | the Department under this Act or the Firearm Concealed Carry | ||||||
7 | Act. | ||||||
8 | (1) The fingerprints must be transmitted through a | ||||||
9 | live scan fingerprint vendor licensed by the | ||||||
10 | Department of Financial and Professional Regulation or | ||||||
11 | a criminal justice agency authorized by the Department | ||||||
12 | to submit fingerprints under this Act or the Firearm | ||||||
13 | Concealed Carry Act. These fingerprints shall be | ||||||
14 | checked against the fingerprint records now and | ||||||
15 | hereafter filed in the Department and Federal Bureau of | ||||||
16 | Investigation criminal history records databases, | ||||||
17 | including all available state and local criminal | ||||||
18 | history record information files, including records of | ||||||
19 | juvenile adjudications. | ||||||
20 | (2) The Department shall charge applicants a fee | ||||||
21 | for conducting the criminal history record check, | ||||||
22 | which shall be deposited in the State Police Services | ||||||
23 | Fund and shall not exceed the actual cost of the State | ||||||
24 | and national criminal history record check. | ||||||
25 | (b) Each application form shall include the following | ||||||
26 | statement printed in
bold type: "Warning: Entering false |
| |||||||
| |||||||
1 | information on an application for a Firearm
Owner's | ||||||
2 | Identification Card is punishable as a Class 2 felony in | ||||||
3 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
4 | Owners Identification Card
Act.".
| ||||||
5 | (c) Upon such written consent, pursuant to Section 4, | ||||||
6 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
7 | consent shall be liable for any
damages resulting from the | ||||||
8 | applicant's use of firearms or firearm ammunition.
| ||||||
9 | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| ||||||
10 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
11 | changing Sections 30 and 50 as follows:
| ||||||
12 | (430 ILCS 66/30)
| ||||||
13 | Sec. 30. Contents of license application. | ||||||
14 | (a) The license application shall be in writing, under | ||||||
15 | penalty of perjury, on a standard form adopted by the | ||||||
16 | Department and shall be accompanied by the documentation | ||||||
17 | required in this Section and the applicable fee. Each | ||||||
18 | application form shall include the following statement printed | ||||||
19 | in bold type: "Warning: Entering false information on this form | ||||||
20 | is punishable as perjury under Section 32-2 of the Criminal | ||||||
21 | Code of 2012." | ||||||
22 | (b) The application shall contain the following: | ||||||
23 | (1) the applicant's name, current address, date and | ||||||
24 | year of birth, place of birth, height, weight, hair color, |
| |||||||
| |||||||
1 | eye color, maiden name or any other name the applicant has | ||||||
2 | used or identified with, and any address where the | ||||||
3 | applicant resided for more than 30 days within the 10 years | ||||||
4 | preceding the date of the license application; | ||||||
5 | (2) the applicant's valid driver's license number or | ||||||
6 | valid state identification card number; | ||||||
7 | (3) a waiver of the applicant's privacy and | ||||||
8 | confidentiality rights and privileges under all federal | ||||||
9 | and state laws, including those limiting access to juvenile | ||||||
10 | court, criminal justice, psychological, or psychiatric | ||||||
11 | records or records relating to any institutionalization of | ||||||
12 | the applicant, and an affirmative request that a person | ||||||
13 | having custody of any of these records provide it or | ||||||
14 | information concerning it to the Department. The waiver | ||||||
15 | only applies to records sought in connection with | ||||||
16 | determining whether the applicant qualifies for a license | ||||||
17 | to carry a concealed firearm under this Act, or whether the | ||||||
18 | applicant remains in compliance with the Firearm Owners | ||||||
19 | Identification Card Act; | ||||||
20 | (4) an affirmation that the applicant possesses a | ||||||
21 | currently valid Firearm Owner's Identification Card and | ||||||
22 | card number if possessed or notice the applicant is | ||||||
23 | applying for a Firearm Owner's Identification Card in | ||||||
24 | conjunction with the license application; | ||||||
25 | (5) an affirmation that the applicant has not been | ||||||
26 | convicted or found guilty of: |
| |||||||
| |||||||
1 | (A) a felony; | ||||||
2 | (B) a misdemeanor involving the use or threat of | ||||||
3 | physical force or violence to any person within the 5 | ||||||
4 | years preceding the date of the application; or | ||||||
5 | (C) 2 or more violations related to driving while | ||||||
6 | under the influence of alcohol, other drug or drugs, | ||||||
7 | intoxicating compound or compounds, or any combination | ||||||
8 | thereof, within the 5 years preceding the date of the | ||||||
9 | license application; and | ||||||
10 | (6) whether the applicant has failed a drug test for a | ||||||
11 | drug for which the applicant did not have a prescription, | ||||||
12 | within the previous year, and if so, the provider of the | ||||||
13 | test, the specific substance involved, and the date of the | ||||||
14 | test; | ||||||
15 | (7) written consent for the Department to review and | ||||||
16 | use the applicant's Illinois digital driver's license or | ||||||
17 | Illinois identification card photograph and signature; | ||||||
18 | (8) a full set of fingerprints submitted to the | ||||||
19 | Department in electronic format for the purpose of | ||||||
20 | verification of identity in a form and manner prescribed by | ||||||
21 | the Department, unless the applicant has previously | ||||||
22 | provided a full set of his or her fingerprints to the | ||||||
23 | Department under the Firearm Owners Identification Card | ||||||
24 | Act; , provided the Department may accept an application | ||||||
25 | submitted without a set of fingerprints in which case the | ||||||
26 | Department shall be granted 30 days in addition to the 90 |
| |||||||
| |||||||
1 | days provided under subsection (e) of Section 10 of this | ||||||
2 | Act to issue or deny a license; | ||||||
3 | (9) a head and shoulder color photograph in a size | ||||||
4 | specified by the Department taken within the 30 days | ||||||
5 | preceding the date of the license application; and | ||||||
6 | (10) a photocopy of any certificates or other evidence | ||||||
7 | of compliance with the training requirements under this | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
| ||||||
10 | (430 ILCS 66/50)
| ||||||
11 | Sec. 50. License renewal. Applications for renewal of a | ||||||
12 | license shall be made to the Department. A license shall be | ||||||
13 | renewed for a period of 5 years upon receipt of a completed | ||||||
14 | renewal application, completion of 3 hours of training required | ||||||
15 | under Section 75 of this Act, payment of the applicable renewal | ||||||
16 | fee, and completion of an investigation under Section 35 of | ||||||
17 | this Act. The renewal application shall contain the information | ||||||
18 | required in Section 30 of this Act, except that the applicant | ||||||
19 | need not resubmit a full set of fingerprints if the applicant | ||||||
20 | has previously provided a full set of his or her fingerprints | ||||||
21 | to the Department under this Act or the Firearm Owners | ||||||
22 | Identification Card Act .
| ||||||
23 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
|