103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4217
 
Introduced , by Rep. Joe C. Sosnowski
 
SYNOPSIS AS INTRODUCED:

430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 66/40
 Amends the Firearm Owners Identification Card Act. Deletes provisions requiring an applicant or holder of a Firearm Owner's Identification Card to be a resident of the State of Illinois. Provides that a person who is not a resident of the State may apply for a Firearm Owner's Identification Card if the applicant complies with the provisions of the Act. Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall, by rule, allow for non-resident license applications from any state or territory of the United States if the applicant complies with the provisions of the Act (rather than from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act).


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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. Application for Firearm Owner's Identification 
8Cards. 
9 (a) Each applicant for a Firearm Owner's Identification 
10Card must: 
11  (1) Submit an application as made available by the 
12 Illinois State Police; and
13  (2) Submit evidence to the Illinois State Police that:
14   (i) This subparagraph (i) applies through the 
15 180th day following July 12, 2019 (the effective date 
16 of Public Act 101-80). He or she is 21 years of age or 
17 over, or if he or she is under 21 years of age that he 
18 or she has the written consent of his or her parent or 
19 legal guardian to possess and acquire firearms and 
20 firearm ammunition and that he or she has never been 
21 convicted of a misdemeanor other than a traffic 
22 offense or adjudged delinquent, provided, however, 
23 that such parent or legal guardian is not an 
 
 
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1 individual prohibited from having a Firearm Owner's 
2 Identification Card and files an affidavit with the 
3 Department as prescribed by the Department stating 
4 that he or she is not an individual prohibited from 
5 having a Card;
6   (i-5) This subparagraph (i-5) applies on and after 
7 the 181st day following July 12, 2019 (the effective 
8 date of Public Act 101-80). He or she is 21 years of 
9 age or over, or if he or she is under 21 years of age 
10 that he or she has never been convicted of a 
11 misdemeanor other than a traffic offense or adjudged 
12 delinquent and is an active duty member of the United 
13 States Armed Forces or the Illinois National Guard or 
14 has the written consent of his or her parent or legal 
15 guardian to possess and acquire firearms and firearm 
16 ammunition, provided, however, that such parent or 
17 legal guardian is not an individual prohibited from 
18 having a Firearm Owner's Identification Card and files 
19 an affidavit with the Illinois State Police as 
20 prescribed by the Illinois State Police stating that 
21 he or she is not an individual prohibited from having a 
22 Card or the active duty member of the United States 
23 Armed Forces or the Illinois National Guard under 21 
24 years of age annually submits proof to the Illinois 
25 State Police, in a manner prescribed by the Illinois 
26 State Police; 
 
 
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1   (ii) He or she has not been convicted of a felony 
2 under the laws of this or any other jurisdiction;
3   (iii) He or she is not addicted to narcotics;
4   (iv) He or she has not been a patient in a mental 
5 health facility within the past 5 years or, if he or 
6 she has been a patient in a mental health facility more 
7 than 5 years ago submit the certification required 
8 under subsection (u) of Section 8 of this Act;
9   (v) He or she is not a person with an intellectual 
10 disability;
11   (vi) He or she is not a noncitizen who is 
12 unlawfully present in the United States under the laws 
13 of the United States;
14   (vii) He or she is not subject to an existing order 
15 of protection prohibiting him or her from possessing a 
16 firearm;
17   (viii) He or she has not been convicted within the 
18 past 5 years of battery, assault, aggravated assault, 
19 violation of an order of protection, or a 
20 substantially similar offense in another jurisdiction, 
21 in which a firearm was used or possessed;
22   (ix) He or she has not been convicted of domestic 
23 battery, aggravated domestic battery, or a 
24 substantially similar offense in another jurisdiction 
25 committed before, on or after January 1, 2012 (the 
26 effective date of Public Act 97-158). If the applicant 
 
 
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1 knowingly and intelligently waives the right to have 
2 an offense described in this clause (ix) tried by a 
3 jury, and by guilty plea or otherwise, results in a 
4 conviction for an offense in which a domestic 
5 relationship is not a required element of the offense 
6 but in which a determination of the applicability of 
7 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of 
8 the Code of Criminal Procedure of 1963, an entry by the 
9 court of a judgment of conviction for that offense 
10 shall be grounds for denying the issuance of a Firearm 
11 Owner's Identification Card under this Section;
12   (x) (Blank);
13   (xi) He or she is not a noncitizen who has been 
14 admitted to the United States under a non-immigrant 
15 visa (as that term is defined in Section 101(a)(26) of 
16 the Immigration and Nationality Act (8 U.S.C. 
17 1101(a)(26))), or that he or she is a noncitizen who 
18 has been lawfully admitted to the United States under 
19 a non-immigrant visa if that noncitizen is:
20    (1) admitted to the United States for lawful 
21 hunting or sporting purposes;
22    (2) an official representative of a foreign 
23 government who is:
24     (A) accredited to the United States 
25 Government or the Government's mission to an 
26 international organization having its 
 
 
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1 headquarters in the United States; or
2     (B) en route to or from another country to 
3 which that noncitizen is accredited;
4    (3) an official of a foreign government or 
5 distinguished foreign visitor who has been so 
6 designated by the Department of State;
7    (4) a foreign law enforcement officer of a 
8 friendly foreign government entering the United 
9 States on official business; or
10    (5) one who has received a waiver from the 
11 Attorney General of the United States pursuant to 
12 18 U.S.C. 922(y)(3);
13   (xii) He or she is not a minor subject to a 
14 petition filed under Section 5-520 of the Juvenile 
15 Court Act of 1987 alleging that the minor is a 
16 delinquent minor for the commission of an offense that 
17 if committed by an adult would be a felony;
18   (xiii) He or she is not an adult who had been 
19 adjudicated a delinquent minor under the Juvenile 
20 Court Act of 1987 for the commission of an offense that 
21 if committed by an adult would be a felony;
22   (xiv) (Blank); He or she is a resident of the State 
23 of Illinois; 
24   (xv) He or she has not been adjudicated as a person 
25 with a mental disability; 
26   (xvi) He or she has not been involuntarily 
 
 
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1 admitted into a mental health facility; and 
2   (xvii) He or she is not a person with a 
3 developmental disability; and 
4  (3) Upon request by the Illinois State Police, sign a 
5 release on a form prescribed by the Illinois State Police 
6 waiving any right to confidentiality and requesting the 
7 disclosure to the Illinois State Police of limited mental 
8 health institution admission information from another 
9 state, the District of Columbia, any other territory of 
10 the United States, or a foreign nation concerning the 
11 applicant for the sole purpose of determining whether the 
12 applicant is or was a patient in a mental health 
13 institution and disqualified because of that status from 
14 receiving a Firearm Owner's Identification Card. No mental 
15 health care or treatment records may be requested. The 
16 information received shall be destroyed within one year of 
17 receipt.
18 (a-5) Each applicant for a Firearm Owner's Identification 
19Card who is over the age of 18 shall furnish to the Illinois 
20State Police either his or her Illinois driver's license 
21number or Illinois Identification Card number, except as 
22provided in subsection (a-10).
23 (a-10) Each applicant for a Firearm Owner's Identification 
24Card, who is employed as a law enforcement officer, an armed 
25security officer in Illinois, or by the United States Military 
26permanently assigned in Illinois and who is not an Illinois 
 
 
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1resident, shall furnish to the Illinois State Police his or 
2her driver's license number or state identification card 
3number from his or her state of residence. The Illinois State 
4Police may adopt rules to enforce the provisions of this 
5subsection (a-10).
6 (a-15) If an applicant applying for a Firearm Owner's 
7Identification Card moves from the residence address named in 
8the application, he or she shall immediately notify in a form 
9and manner prescribed by the Illinois State Police of that 
10change of address.
11 (a-20) Each applicant for a Firearm Owner's Identification 
12Card shall furnish to the Illinois State Police his or her 
13photograph. An applicant who is 21 years of age or older 
14seeking a religious exemption to the photograph requirement 
15must furnish with the application an approved copy of United 
16States Department of the Treasury Internal Revenue Service 
17Form 4029. In lieu of a photograph, an applicant regardless of 
18age seeking a religious exemption to the photograph 
19requirement shall submit fingerprints on a form and manner 
20prescribed by the Illinois State Police with his or her 
21application. 
22 (a-25) Beginning January 1, 2023, each applicant for the 
23issuance of a Firearm Owner's Identification Card may include 
24a full set of his or her fingerprints in electronic format to 
25the Illinois State Police, unless the applicant has previously 
26provided a full set of his or her fingerprints to the Illinois 
 
 
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1State Police under this Act or the Firearm Concealed Carry 
2Act.
3 The fingerprints must be transmitted through a live scan 
4fingerprint vendor licensed by the Department of Financial and 
5Professional Regulation. The fingerprints shall be checked 
6against the fingerprint records now and hereafter filed in the 
7Illinois State Police and Federal Bureau of Investigation 
8criminal history records databases, including all available 
9State and local criminal history record information files.
10 The Illinois State Police shall charge applicants a 
11one-time fee for conducting the criminal history record check, 
12which shall be deposited into the State Police Services Fund 
13and shall not exceed the actual cost of the State and national 
14criminal history record check.
15 (a-26) The Illinois State Police shall research, explore, 
16and report to the General Assembly by January 1, 2022 on the 
17feasibility of permitting voluntarily submitted fingerprints 
18obtained for purposes other than Firearm Owner's 
19Identification Card enforcement that are contained in the 
20Illinois State Police database for purposes of this Act. 
21 (b) Each application form shall include the following 
22statement printed in bold type: "Warning: Entering false 
23information on an application for a Firearm Owner's 
24Identification Card is punishable as a Class 2 felony in 
25accordance with subsection (d-5) of Section 14 of the Firearm 
26Owners Identification Card Act.".
 
 
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1 (c) Upon such written consent, pursuant to Section 4, 
2paragraph (a)(2)(i), the parent or legal guardian giving the 
3consent shall be liable for any damages resulting from the 
4applicant's use of firearms or firearm ammunition.
5 (d) A person who is not a resident of this State may apply 
6for a Firearm Owner's Identification Card if the applicant 
7complies with the provisions of this Act. 
8(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; 
9102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 
105-27-22; 102-1116, eff. 1-10-23.)

11 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
12 Sec. 8. Grounds for denial and revocation. The Illinois 
13State Police has authority to deny an application for or to 
14revoke and seize a Firearm Owner's Identification Card 
15previously issued under this Act only if the Illinois State 
16Police finds that the applicant or the person to whom such card 
17was issued is or was at the time of issuance:
18  (a) A person under 21 years of age who has been 
19 convicted of a misdemeanor other than a traffic offense or 
20 adjudged delinquent;
21  (b) This subsection (b) applies through the 180th day 
22 following July 12, 2019 (the effective date of Public Act 
23 101-80). A person under 21 years of age who does not have 
24 the written consent of his parent or guardian to acquire 
25 and possess firearms and firearm ammunition, or whose 
 
 
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1 parent or guardian has revoked such written consent, or 
2 where such parent or guardian does not qualify to have a 
3 Firearm Owner's Identification Card;
4  (b-5) This subsection (b-5) applies on and after the 
5 181st day following July 12, 2019 (the effective date of 
6 Public Act 101-80). A person under 21 years of age who is 
7 not an active duty member of the United States Armed 
8 Forces or the Illinois National Guard and does not have 
9 the written consent of his or her parent or guardian to 
10 acquire and possess firearms and firearm ammunition, or 
11 whose parent or guardian has revoked such written consent, 
12 or where such parent or guardian does not qualify to have a 
13 Firearm Owner's Identification Card; 
14  (c) A person convicted of a felony under the laws of 
15 this or any other jurisdiction;
16  (d) A person addicted to narcotics;
17  (e) A person who has been a patient of a mental health 
18 facility within the past 5 years or a person who has been a 
19 patient in a mental health facility more than 5 years ago 
20 who has not received the certification required under 
21 subsection (u) of this Section. An active law enforcement 
22 officer employed by a unit of government or a Department 
23 of Corrections employee authorized to possess firearms who 
24 is denied, revoked, or has his or her Firearm Owner's 
25 Identification Card seized under this subsection (e) may 
26 obtain relief as described in subsection (c-5) of Section 
 
 
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1 10 of this Act if the officer or employee did not act in a 
2 manner threatening to the officer or employee, another 
3 person, or the public as determined by the treating 
4 clinical psychologist or physician, and the officer or 
5 employee seeks mental health treatment;
6  (f) A person whose mental condition is of such a 
7 nature that it poses a clear and present danger to the 
8 applicant, any other person or persons, or the community;
9  (g) A person who has an intellectual disability;
10  (h) A person who intentionally makes a false statement 
11 in the Firearm Owner's Identification Card application or 
12 endorsement affidavit;
13  (i) A noncitizen who is unlawfully present in the 
14 United States under the laws of the United States;
15  (i-5) A noncitizen who has been admitted to the United 
16 States under a non-immigrant visa (as that term is defined 
17 in Section 101(a)(26) of the Immigration and Nationality 
18 Act (8 U.S.C. 1101(a)(26))), except that this subsection 
19 (i-5) does not apply to any noncitizen who has been 
20 lawfully admitted to the United States under a 
21 non-immigrant visa if that noncitizen is:
22   (1) admitted to the United States for lawful 
23 hunting or sporting purposes;
24   (2) an official representative of a foreign 
25 government who is:
26    (A) accredited to the United States Government 
 
 
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1 or the Government's mission to an international 
2 organization having its headquarters in the United 
3 States; or
4    (B) en route to or from another country to 
5 which that noncitizen is accredited;
6   (3) an official of a foreign government or 
7 distinguished foreign visitor who has been so 
8 designated by the Department of State;
9   (4) a foreign law enforcement officer of a 
10 friendly foreign government entering the United States 
11 on official business; or
12   (5) one who has received a waiver from the 
13 Attorney General of the United States pursuant to 18 
14 U.S.C. 922(y)(3);
15  (j) (Blank);
16  (k) A person who has been convicted within the past 5 
17 years of battery, assault, aggravated assault, violation 
18 of an order of protection, or a substantially similar 
19 offense in another jurisdiction, in which a firearm was 
20 used or possessed;
21  (l) A person who has been convicted of domestic 
22 battery, aggravated domestic battery, or a substantially 
23 similar offense in another jurisdiction committed before, 
24 on or after January 1, 2012 (the effective date of Public 
25 Act 97-158). If the applicant or person who has been 
26 previously issued a Firearm Owner's Identification Card 
 
 
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1 under this Act knowingly and intelligently waives the 
2 right to have an offense described in this paragraph (l) 
3 tried by a jury, and by guilty plea or otherwise, results 
4 in a conviction for an offense in which a domestic 
5 relationship is not a required element of the offense but 
6 in which a determination of the applicability of 18 U.S.C. 
7 922(g)(9) is made under Section 112A-11.1 of the Code of 
8 Criminal Procedure of 1963, an entry by the court of a 
9 judgment of conviction for that offense shall be grounds 
10 for denying an application for and for revoking and 
11 seizing a Firearm Owner's Identification Card previously 
12 issued to the person under this Act;
13  (m) (Blank);
14  (n) A person who is prohibited from acquiring or 
15 possessing firearms or firearm ammunition by any Illinois 
16 State statute or by federal law;
17  (o) A minor subject to a petition filed under Section 
18 5-520 of the Juvenile Court Act of 1987 alleging that the 
19 minor is a delinquent minor for the commission of an 
20 offense that if committed by an adult would be a felony; 
21  (p) An adult who had been adjudicated a delinquent 
22 minor under the Juvenile Court Act of 1987 for the 
23 commission of an offense that if committed by an adult 
24 would be a felony;
25  (q) (Blank); A person who is not a resident of the 
26 State of Illinois, except as provided in subsection (a-10) 
 
 
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1 of Section 4; 
2  (r) A person who has been adjudicated as a person with 
3 a mental disability; 
4  (s) A person who has been found to have a 
5 developmental disability; 
6  (t) A person involuntarily admitted into a mental 
7 health facility; or 
8  (u) A person who has had his or her Firearm Owner's 
9 Identification Card revoked or denied under subsection (e) 
10 of this Section or item (iv) of paragraph (2) of 
11 subsection (a) of Section 4 of this Act because he or she 
12 was a patient in a mental health facility as provided in 
13 subsection (e) of this Section, shall not be permitted to 
14 obtain a Firearm Owner's Identification Card, after the 
15 5-year period has lapsed, unless he or she has received a 
16 mental health evaluation by a physician, clinical 
17 psychologist, or qualified examiner as those terms are 
18 defined in the Mental Health and Developmental 
19 Disabilities Code, and has received a certification that 
20 he or she is not a clear and present danger to himself, 
21 herself, or others. The physician, clinical psychologist, 
22 or qualified examiner making the certification and his or 
23 her employer shall not be held criminally, civilly, or 
24 professionally liable for making or not making the 
25 certification required under this subsection, except for 
26 willful or wanton misconduct. This subsection does not 
 
 
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1 apply to a person whose firearm possession rights have 
2 been restored through administrative or judicial action 
3 under Section 10 or 11 of this Act. 
4 Upon revocation of a person's Firearm Owner's 
5Identification Card, the Illinois State Police shall provide 
6notice to the person and the person shall comply with Section 
79.5 of this Act. 
8(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
9102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
105-27-22; 102-1116, eff. 1-10-23.)

11 Section 10. The Firearm Concealed Carry Act is amended by 
12changing Section 40 as follows:

13 (430 ILCS 66/40)
14 Sec. 40. Non-resident license applications. 
15 (a) For the purposes of this Section, "non-resident" means 
16a person who has not resided within this State for more than 30 
17days and resides in another state or territory.
18 (b) The Illinois State Police shall by rule allow for 
19non-resident license applications from any state or territory 
20of the United States if the applicant complies with the 
21provisions of this Act with laws related to firearm ownership, 
22possession, and carrying, that are substantially similar to 
23the requirements to obtain a license under this Act.
24 (c) A resident of a state or territory approved by the 
 
 
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1Illinois State Police under subsection (b) of this Section may 
2apply for a non-resident license. The applicant shall apply to 
3the Illinois State Police and must meet all of the 
4qualifications established in Section 25 of this Act, except 
5for the Illinois residency requirement in item (xiv) of 
6paragraph (2) of subsection (a) of Section 4 of the Firearm 
7Owners Identification Card Act. The applicant shall submit:
8  (1) the application and documentation required under 
9 Section 30 of this Act and the applicable fee;
10  (2) a notarized document stating that the applicant:
11   (A) is eligible under federal law and the laws of 
12 his or her state or territory of residence to own or 
13 possess a firearm;
14   (B) if applicable, has a license or permit to 
15 carry a firearm or concealed firearm issued by his or 
16 her state or territory of residence and attach a copy 
17 of the license or permit to the application;
18   (C) understands Illinois laws pertaining to the 
19 possession and transport of firearms; and
20   (D) acknowledges that the applicant is subject to 
21 the jurisdiction of the Illinois State Police and 
22 Illinois courts for any violation of this Act;
23  (3) a photocopy of any certificates or other evidence 
24 of compliance with the training requirements under Section 
25 75 of this Act; and
26  (4) a head and shoulder color photograph in a size 
 
 
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1 specified by the Illinois State Police taken within the 30 
2 days preceding the date of the application.
3 (d) In lieu of an Illinois driver's license or Illinois 
4identification card, a non-resident applicant shall provide 
5similar documentation from his or her state or territory of 
6residence. In lieu of a valid Firearm Owner's Identification 
7Card, the applicant shall submit documentation and information 
8required by the Illinois State Police to obtain a Firearm 
9Owner's Identification Card, including an affidavit that the 
10non-resident meets the mental health standards to obtain a 
11firearm under Illinois law, and the Illinois State Police 
12shall ensure that the applicant would meet the eligibility 
13criteria to obtain a Firearm Owner's Identification card if he 
14or she was a resident of this State.
15 (e) Nothing in this Act shall prohibit a non-resident from 
16transporting a concealed firearm within his or her vehicle in 
17Illinois, if the concealed firearm remains within his or her 
18vehicle and the non-resident:
19  (1) is not prohibited from owning or possessing a 
20 firearm under federal law;
21  (2) is eligible to carry a firearm in public under the 
22 laws of his or her state or territory of residence, as 
23 evidenced by the possession of a concealed carry license 
24 or permit issued by his or her state of residence, if 
25 applicable; and
26  (3) is not in possession of a license under this Act.
 
 
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