95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2813


 
Introduced 2/15/2008, by Sen. Gary Forby
 
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.  Changes, from 21 years of
age or over to 18 years of age or over, the age at which a person may apply
for and be issued a Firearm Owner's Identification Card without the consent of
a parent or legal guardian.  Effective immediately.
















LRB095 19484 RLC 45780 b

















 


 


A BILL FOR









 











SB2813

LRB095 19484 RLC 45780 b






1
    AN ACT in relation to firearms. 

 
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
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. 95-581)

8
    Sec. 4. (a) Each applicant for a Firearm Owner's 
9
Identification Card must: 


10


11
        (1) Make application on blank forms prepared and 
12
    furnished at convenient
locations throughout the State by 
13
    the Department of State Police, or by
electronic means, if 
14
    and when made available by the Department of State
Police; 
15
    and


16
        (2) Submit evidence to the Department of State Police 
17
    that:


18
            (i) He or she is 18 21 years of age or over, or if 
19
        he or she is under 18 21
years of age that he or she has 
20
        the written consent of his or her parent or
legal 
21
        guardian to possess and acquire firearms and firearm 
22
        ammunition and that, if he or she is under 21 years of 
23
        age,
 he or she has never been convicted of a 
 


 






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LRB095 19484 RLC 45780 b




1
        misdemeanor other than a traffic
offense or adjudged

2
        delinquent, provided, however, that such parent or 
3
        legal guardian of an
applicant under 18 years of age is 
4
        not an
individual prohibited from having a Firearm 
5
        Owner's Identification Card and
files an affidavit 
6
        with the Department as prescribed by the Department

7
        stating that he or she is not an individual prohibited 
8
        from having a Card;


9
            (ii) He or she has not been convicted of a felony 
10
        under the laws of
this or any other jurisdiction;


11
            (iii) He or she is not addicted to narcotics;


12
            (iv) He or she has not been a patient in a mental 
13
        institution within
the past 5 years;


14
            (v) He or she is not mentally retarded;


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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LRB095 19484 RLC 45780 b




1
        battery or a
substantially similar offense in another

2
        jurisdiction committed on or after the effective date 
3
        of this amendatory Act
of 1997;


4
            (x) He or she has not been convicted within the 
5
        past 5 years of domestic
battery or a substantially 
6
        similar offense in another jurisdiction committed

7
        before the effective date of this amendatory Act of 
8
        1997;


9
            (xi) He or she is not an alien who has been 
10
        admitted to the United
States under a non-immigrant 
11
        visa (as that term is defined in Section
101(a)(26) of 
12
        the Immigration and Nationality Act (8 U.S.C. 
13
        1101(a)(26))),
or that he or she is an alien who has 
14
        been lawfully admitted to the United
States under a 
15
        non-immigrant visa if that alien is:


16
                (1) admitted to the United States for lawful 
17
            hunting or sporting
purposes;


18
                (2) an official representative of a foreign 
19
            government who is:


20
                    (A) accredited to the United States 
21
                Government or the Government's
mission to an 
22
                international organization having its 
23
                headquarters in the United
States; or


24
                    (B) en route to or from another country to 
25
                which that alien is
accredited;


26
                (3) an official of a foreign government or 
 


 






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LRB095 19484 RLC 45780 b




1
            distinguished foreign
visitor who has been so 
2
            designated by the Department of State;


3
                (4) a foreign law enforcement officer of a 
4
            friendly foreign
government entering the United 
5
            States on official business; or


6
                (5) one who has received a waiver from the 
7
            Attorney General of the
United States pursuant to 
8
            18 U.S.C. 922(y)(3);


9
            (xii) He or she is not a minor subject to a 
10
        petition filed
under Section 5-520 of the Juvenile 
11
        Court Act of 1987 alleging that the
minor is a 
12
        delinquent minor for the commission of an offense that 
13
        if
committed by an adult would be a felony; and


14
            (xiii) He or she is not an adult who had been 
15
        adjudicated a delinquent
minor under the Juvenile 
16
        Court Act of 1987 for the commission of an offense
that 
17
        if committed by an adult would be a felony; and


18
        (3) Upon request by the Department of State Police, 
19
    sign a release on a
form prescribed by the Department of 
20
    State Police waiving any right to
confidentiality and 
21
    requesting the disclosure to the Department of State Police

22
    of limited mental health institution admission information 
23
    from another state,
the District of Columbia, any other 
24
    territory of the United States, or a
foreign nation 
25
    concerning the applicant for the sole purpose of 
26
    determining
whether the applicant is or was a patient in a 
 


 






SB2813
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LRB095 19484 RLC 45780 b




1
    mental health institution and
disqualified because of that 
2
    status from receiving a Firearm Owner's
Identification 
3
    Card.  No mental health care or treatment records may be

4
    requested.  The information received shall be destroyed 
5
    within one year of
receipt.

6
    (a-5) Each applicant for a Firearm Owner's Identification 
7
Card who is over
the age of 18 shall furnish to the Department 
8
of State Police either his or
her driver's license number or 
9
Illinois Identification Card number.

10
    (a-10) Each applicant for a Firearm Owner's Identification 
11
Card,
who is employed as an armed security officer at a nuclear 
12
energy,
storage, weapons, or development facility regulated by 
13
the Nuclear
Regulatory Commission and who is not an Illinois 
14
resident, shall furnish to
the Department of State Police his 
15
or her driver's license number or state
identification card 
16
number from his or her state of residence.  The Department
of 
17
State Police may promulgate rules to enforce the provisions of 
18
this
subsection (a-10).

19
    (b) Each application form shall include the following 
20
statement printed in
bold type: "Warning: Entering false 
21
information on an application for a Firearm
Owner's 
22
Identification Card is punishable as a Class 2 felony in 
23
accordance
with subsection (d-5) of Section 14 of the Firearm 
24
Owners Identification Card
Act.".

25
    (c) Upon such written consent, pursuant to Section 4, 
26
paragraph (a)(2)(i),
the parent or legal guardian giving the 
 


 






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LRB095 19484 RLC 45780 b




1
consent shall be liable for any
damages resulting from the 
2
applicant's use of firearms or firearm ammunition.

3
(Source: P.A. 92-442, eff.
8-17-01; 92-839, eff. 8-22-02; 
4
92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)

 
5
    (Text of Section after amendment by P.A. 95-581)

6
    Sec. 4. (a) Each applicant for a Firearm Owner's 
7
Identification Card must: 

8


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 such parent or 
24
        legal guardian of an
applicant under 18 years of age is 
25
        not an
individual prohibited from having a Firearm 
 


 






SB2813
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LRB095 19484 RLC 45780 b




1
        Owner's Identification Card and
files an affidavit 
2
        with the Department as prescribed by the Department

3
        stating that he or she is not an individual prohibited 
4
        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
        institution within
the past 5 years and he or she has 
10
        not  been adjudicated as a mental defective;


11
            (v) He or she is not mentally retarded;


12
            (vi) He or she is not an alien who is unlawfully 
13
        present in the
United States under the laws of the 
14
        United States;


15
            (vii) He or she is not subject to an existing order 
16
        of protection
prohibiting him or her from possessing a 
17
        firearm;


18
            (viii) He or she has not been convicted within the 
19
        past 5 years of
battery, assault, aggravated assault, 
20
        violation of an order of
protection, or a substantially 
21
        similar offense in another jurisdiction, in
which a 
22
        firearm was used or possessed;


23
            (ix) He or she has not been convicted of domestic 
24
        battery or a
substantially similar offense in another

25
        jurisdiction committed on or after the effective date 
26
        of this amendatory Act
of 1997;


 


 






SB2813
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LRB095 19484 RLC 45780 b




1
            (x) He or she has not been convicted within the 
2
        past 5 years of domestic
battery or a substantially 
3
        similar offense in another jurisdiction committed

4
        before the effective date of this amendatory Act of 
5
        1997;


6
            (xi) He or she is not an alien who has been 
7
        admitted to the United
States under a non-immigrant 
8
        visa (as that term is defined in Section
101(a)(26) of 
9
        the Immigration and Nationality Act (8 U.S.C. 
10
        1101(a)(26))),
or that he or she is an alien who has 
11
        been lawfully admitted to the United
States under a 
12
        non-immigrant visa if that alien is:


13
                (1) admitted to the United States for lawful 
14
            hunting or sporting
purposes;


15
                (2) an official representative of a foreign 
16
            government who is:


17
                    (A) accredited to the United States 
18
                Government or the Government's
mission to an 
19
                international organization having its 
20
                headquarters in the United
States; or


21
                    (B) en route to or from another country to 
22
                which that alien is
accredited;


23
                (3) an official of a foreign government or 
24
            distinguished foreign
visitor who has been so 
25
            designated by the Department of State;


26
                (4) a foreign law enforcement officer of a 
 


 






SB2813
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LRB095 19484 RLC 45780 b




1
            friendly foreign
government entering the United 
2
            States on official business; or


3
                (5) one who has received a waiver from the 
4
            Attorney General of the
United States pursuant to 
5
            18 U.S.C. 922(y)(3);


6
            (xii) He or she is not a minor subject to a 
7
        petition filed
under Section 5-520 of the Juvenile 
8
        Court Act of 1987 alleging that the
minor is a 
9
        delinquent minor for the commission of an offense that 
10
        if
committed by an adult would be a felony; and


11
            (xiii) He or she is not an adult who had been 
12
        adjudicated a delinquent
minor under the Juvenile 
13
        Court Act of 1987 for the commission of an offense
that 
14
        if committed by an adult would be a felony; and


15
        (3) Upon request by the Department of State Police, 
16
    sign a release on a
form prescribed by the Department of 
17
    State Police waiving any right to
confidentiality and 
18
    requesting the disclosure to the Department of State Police

19
    of limited mental health institution admission information 
20
    from another state,
the District of Columbia, any other 
21
    territory of the United States, or a
foreign nation 
22
    concerning the applicant for the sole purpose of 
23
    determining
whether the applicant is or was a patient in a 
24
    mental health institution and
disqualified because of that 
25
    status from receiving a Firearm Owner's
Identification 
26
    Card.  No mental health care or treatment records may be

 


 






SB2813
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LRB095 19484 RLC 45780 b




1
    requested.  The information received shall be destroyed 
2
    within one year of
receipt.

3
    (a-5) Each applicant for a Firearm Owner's Identification 
4
Card who is over
the age of 18 shall furnish to the Department 
5
of State Police either his or
her driver's license number or 
6
Illinois Identification Card number.

7
    (a-10) Each applicant for a Firearm Owner's Identification 
8
Card,
who is employed as an armed security officer at a nuclear 
9
energy,
storage, weapons, or development facility regulated by 
10
the Nuclear
Regulatory Commission and who is not an Illinois 
11
resident, shall furnish to
the Department of State Police his 
12
or her driver's license number or state
identification card 
13
number from his or her state of residence.  The Department
of 
14
State Police may promulgate rules to enforce the provisions of 
15
this
subsection (a-10).

16
    (b) Each application form shall include the following 
17
statement printed in
bold type: "Warning: Entering false 
18
information on an application for a Firearm
Owner's 
19
Identification Card is punishable as a Class 2 felony in 
20
accordance
with subsection (d-5) of Section 14 of the Firearm 
21
Owners Identification Card
Act.".

22
    (c) Upon such written consent, pursuant to Section 4, 
23
paragraph (a)(2)(i),
the parent or legal guardian giving the 
24
consent shall be liable for any
damages resulting from the 
25
applicant's use of firearms or firearm ammunition.

26
(Source: P.A. 95-581, eff. 6-1-08.)

 


 


 






SB2813
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LRB095 19484 RLC 45780 b




1
    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)


2
    (Text of Section before amendment by P.A. 95-581)

3
    Sec. 8. The Department of State Police has authority to 
4
deny an
application for or to revoke and seize a Firearm 
5
Owner's Identification
Card previously issued under this Act 
6
only if the Department finds that the
applicant or the person 
7
to whom such card was issued is or was at the time
of issuance:

8
    (a) A person under 21 years of age who has been convicted 
9
of a
misdemeanor other than a traffic offense or adjudged 
10
delinquent;

11
    (b) A person under 18 21 years of age who does not have the 
12
written consent
of his parent or guardian to acquire and 
13
possess firearms and firearm
ammunition, or whose parent or 
14
guardian has revoked such written consent,
or where such parent 
15
or guardian does not qualify to have a Firearm Owner's

16
Identification Card;

17
    (c) A person convicted of a felony under the laws of this 
18
or any other
jurisdiction;

19
    (d) A person addicted to narcotics;

20
    (e) A person who has been a patient of a mental institution 
21
within the
past 5 years;

22
    (f) A person whose mental condition is of such a nature 
23
that it poses
a clear and present danger to the applicant, any 
24
other person or persons or
the community;

25
    For the purposes of this Section, "mental condition" means 
 


 






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LRB095 19484 RLC 45780 b




1
a state of
mind manifested by violent, suicidal, threatening or 
2
assaultive behavior.

3
    (g) A person who is mentally retarded;

4
    (h) A person who intentionally makes a false statement in 
5
the Firearm
Owner's Identification Card application;

6
    (i) An alien who is unlawfully present in
the United States 
7
under the laws of the United States;

8
    (i-5) An alien who has been admitted to the United States 
9
under a
non-immigrant visa (as that term is defined in Section 
10
101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. 
11
1101(a)(26))), except that this
subsection (i-5) does not apply 
12
to any alien who has been lawfully admitted to
the United 
13
States under a non-immigrant visa if that alien is:


14
        (1) admitted to the United States for lawful hunting or 
15
    sporting purposes;


16
        (2) an official representative of a foreign government 
17
    who is:


18
            (A) accredited to the United States Government or 
19
        the Government's
mission to an international 
20
        organization having its headquarters in the United

21
        States; or


22
            (B) en route to or from another country to which 
23
        that alien is
accredited;


24
        (3) an official of a foreign government or 
25
    distinguished foreign visitor
who has been so designated by 
26
    the Department of State;


 


 






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LRB095 19484 RLC 45780 b




1
        (4) a foreign law enforcement officer of a friendly 
2
    foreign government
entering the United States on official 
3
    business; or


4
        (5) one who has received a waiver from the Attorney 
5
    General of the United
States pursuant to 18 U.S.C. 
6
    922(y)(3);

7
    (j) A person who is subject to an existing order of 
8
protection prohibiting
him or her from possessing a firearm;

9
    (k) A person who has been convicted within the past 5 years 
10
of battery,
assault, aggravated assault, violation of an order 
11
of protection, or a
substantially similar offense in another 
12
jurisdiction, in which a firearm was
used or possessed;

13
    (l) A person who has been convicted of domestic battery or 
14
a substantially
similar offense in another jurisdiction 
15
committed on or after January 1,
1998;

16
    (m) A person who has been convicted within the past 5 years 
17
of domestic
battery or a substantially similar offense in 
18
another jurisdiction committed
before January 1, 1998;

19
    (n) A person who is prohibited from acquiring or possessing

20
firearms or firearm ammunition by any Illinois State statute or 
21
by federal
law;

22
    (o) A minor subject to a petition filed under Section 5-520 
23
of the
Juvenile Court Act of 1987 alleging that the minor is a 
24
delinquent minor for
the commission of an offense that if 
25
committed by an adult would be a felony;
or

26
    (p) An adult who had been adjudicated a delinquent minor 
 


 






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LRB095 19484 RLC 45780 b




1
under the Juvenile
Court Act of 1987 for the commission of an 
2
offense that if committed by an
adult would be a felony.

3
(Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)

 
4
    (Text of Section after amendment by P.A. 95-581)

5
    Sec. 8. The Department of State Police has authority to 
6
deny an
application for or to revoke and seize a Firearm 
7
Owner's Identification
Card previously issued under this Act 
8
only if the Department finds that the
applicant or the person 
9
to whom such card was issued is or was at the time
of issuance:

10
    (a) A person under 21 years of age who has been convicted 
11
of a
misdemeanor other than a traffic offense or adjudged 
12
delinquent;

13
    (b) A person under 18 21 years of age who does not have the 
14
written consent
of his parent or guardian to acquire and 
15
possess firearms and firearm
ammunition, or whose parent or 
16
guardian has revoked such written consent,
or where such parent 
17
or guardian does not qualify to have a Firearm Owner's

18
Identification Card;

19
    (c) A person convicted of a felony under the laws of this 
20
or any other
jurisdiction;

21
    (d) A person addicted to narcotics;

22
    (e) A person who has been a patient of a mental institution 
23
within the
past 5 years or has been adjudicated as a mental 
24
defective;

25
    (f) A person whose mental condition is of such a nature 
 


 






SB2813
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LRB095 19484 RLC 45780 b




1
that it poses
a clear and present danger to the applicant, any 
2
other person or persons or
the community;

3
    For the purposes of this Section, "mental condition" means 
4
a state of
mind manifested by violent, suicidal, threatening or 
5
assaultive behavior.

6
    (g) A person who is mentally retarded;

7
    (h) A person who intentionally makes a false statement in 
8
the Firearm
Owner's Identification Card application;

9
    (i) An alien who is unlawfully present in
the United States 
10
under the laws of the United States;

11
    (i-5) An alien who has been admitted to the United States 
12
under a
non-immigrant visa (as that term is defined in Section 
13
101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. 
14
1101(a)(26))), except that this
subsection (i-5) does not apply 
15
to any alien who has been lawfully admitted to
the United 
16
States under a non-immigrant visa if that alien is:


17
        (1) admitted to the United States for lawful hunting or 
18
    sporting purposes;


19
        (2) an official representative of a foreign government 
20
    who is:


21
            (A) accredited to the United States Government or 
22
        the Government's
mission to an international 
23
        organization having its headquarters in the United

24
        States; or


25
            (B) en route to or from another country to which 
26
        that alien is
accredited;


 


 






SB2813
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LRB095 19484 RLC 45780 b




1
        (3) an official of a foreign government or 
2
    distinguished foreign visitor
who has been so designated by 
3
    the Department of State;


4
        (4) a foreign law enforcement officer of a friendly 
5
    foreign government
entering the United States on official 
6
    business; or


7
        (5) one who has received a waiver from the Attorney 
8
    General of the United
States pursuant to 18 U.S.C. 
9
    922(y)(3);

10
    (j) A person who is subject to an existing order of 
11
protection prohibiting
him or her from possessing a firearm;

12
    (k) A person who has been convicted within the past 5 years 
13
of battery,
assault, aggravated assault, violation of an order 
14
of protection, or a
substantially similar offense in another 
15
jurisdiction, in which a firearm was
used or possessed;

16
    (l) A person who has been convicted of domestic battery or 
17
a substantially
similar offense in another jurisdiction 
18
committed on or after January 1,
1998;

19
    (m) A person who has been convicted within the past 5 years 
20
of domestic
battery or a substantially similar offense in 
21
another jurisdiction committed
before January 1, 1998;

22
    (n) A person who is prohibited from acquiring or possessing

23
firearms or firearm ammunition by any Illinois State statute or 
24
by federal
law;

25
    (o) A minor subject to a petition filed under Section 5-520 
26
of the
Juvenile Court Act of 1987 alleging that the minor is a 
 


 






SB2813
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LRB095 19484 RLC 45780 b




1
delinquent minor for
the commission of an offense that if 
2
committed by an adult would be a felony;
or

3
    (p) An adult who had been adjudicated a delinquent minor 
4
under the Juvenile
Court Act of 1987 for the commission of an 
5
offense that if committed by an
adult would be a felony.

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(Source: P.A. 95-581, eff. 6-1-08.)




 
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    Section 95. No acceleration or delay. Where this Act makes 
8
changes in a statute that is represented in this Act by text 
9
that is not yet or no longer in effect (for example, a Section 
10
represented by multiple versions), the use of that text does 
11
not accelerate or delay the taking effect of (i) the changes 
12
made by this Act or (ii) provisions derived from any other 
13
Public Act.
 
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    Section 99. Effective date. This Act takes effect upon 
15
becoming law.