100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4700

Introduced , by Rep. Jonathan Carroll

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/4`	`from Ch. 38, par. 83-4`
`430 ILCS 66/20`
`430 ILCS 66/30`
`430 ILCS 66/50`

Amends the Firearm Owners Identification Card Act. Provides that 180 days 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, 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 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. Makes conforming changes.

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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,

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

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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

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).

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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

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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 checks.

25 (b) Each application form shall include the following

26 statement printed in bold type: "Warning: Entering false

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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 20, 30, and 50 as follows:

12 (430 ILCS 66/20)

13 Sec. 20. Concealed Carry Licensing Review Board.

14 (a) There is hereby created within the Department of State

15 Police a Concealed Carry Licensing Review Board to consider any

16 objection to an applicant's eligibility to obtain a license

17 under this Act submitted by a law enforcement agency or the

18 Department under Section 15 of this Act. The Board shall

19 consist of 7 commissioners to be appointed by the Governor,

20 with the advice and consent of the Senate, with 3 commissioners

21 residing within the First Judicial District and one

22 commissioner residing within each of the 4 remaining Judicial

23 Districts. No more than 4 commissioners shall be members of the

24 same political party. The Governor shall designate one

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1 commissioner as the Chairperson. The Board shall consist of:

2 (1) one commissioner with at least 5 years of service

3 as a federal judge;

4 (2) 2 commissioners with at least 5 years of experience

5 serving as an attorney with the United States Department of

6 Justice;

7 (3) 3 commissioners with at least 5 years of experience

8 as a federal agent or employee with investigative

9 experience or duties related to criminal justice under the

10 United States Department of Justice, Drug Enforcement

11 Administration, Department of Homeland Security, or

12 Federal Bureau of Investigation; and

13 (4) one member with at least 5 years of experience as a

14 licensed physician or clinical psychologist with expertise

15 in the diagnosis and treatment of mental illness.

16 (b) The initial terms of the commissioners shall end on

17 January 12, 2015. Thereafter, the commissioners shall hold

18 office for 4 years, with terms expiring on the second Monday in

19 January of the fourth year. Commissioners may be reappointed.

20 Vacancies in the office of commissioner shall be filled in the

21 same manner as the original appointment, for the remainder of

22 the unexpired term. The Governor may remove a commissioner for

23 incompetence, neglect of duty, malfeasance, or inability to

24 serve. Commissioners shall receive compensation in an amount

25 equal to the compensation of members of the Executive Ethics

26 Commission and may be reimbursed for reasonable expenses

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1 actually incurred in the performance of their Board duties,

2 from funds appropriated for that purpose.

3 (c) The Board shall meet at the call of the chairperson as

4 often as necessary to consider objections to applications for a

5 license under this Act. If necessary to ensure the

6 participation of a commissioner, the Board shall allow a

7 commissioner to participate in a Board meeting by electronic

8 communication. Any commissioner participating electronically

9 shall be deemed present for purposes of establishing a quorum

10 and voting.

11 (d) The Board shall adopt rules for the review of

12 objections and the conduct of hearings. The Board shall

13 maintain a record of its decisions and all materials considered

14 in making its decisions. All Board decisions and voting records

15 shall be kept confidential and all materials considered by the

16 Board shall be exempt from inspection except upon order of a

17 court.

18 (e) In considering an objection of a law enforcement agency

19 or the Department, the Board shall review the materials

20 received with the objection from the law enforcement agency or

21 the Department. By a vote of at least 4 commissioners, the

22 Board may request additional information from the law

23 enforcement agency, Department, or the applicant, or the

24 testimony of the law enforcement agency, Department, or the

25 applicant. The Board may require that the applicant submit

26 electronic fingerprints to the Department if not previously

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1 submitted for an updated background check where the Board

2 determines it lacks sufficient information to determine

3 eligibility. The Board may only consider information submitted

4 by the Department, a law enforcement agency, or the applicant.

5 The Board shall review each objection and determine by a

6 majority of commissioners whether an applicant is eligible for

7 a license.

8 (f) The Board shall issue a decision within 30 days of

9 receipt of the objection from the Department. However, the

10 Board need not issue a decision within 30 days if:

11 (1) the Board requests information from the applicant,

12 including but not limited to electronic fingerprints to be

13 submitted to the Department if not previously submitted, in

14 accordance with subsection (e) of this Section, in which

15 case the Board shall make a decision within 30 days of

16 receipt of the required information from the applicant;

17 (2) the applicant agrees, in writing, to allow the

18 Board additional time to consider an objection; or

19 (3) the Board notifies the applicant and the Department

20 that the Board needs an additional 30 days to issue a

21 decision.

22 (g) If the Board determines by a preponderance of the

23 evidence that the applicant poses a danger to himself or

24 herself or others, or is a threat to public safety, then the

25 Board shall affirm the objection of the law enforcement agency

26 or the Department and shall notify the Department that the

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1 applicant is ineligible for a license. If the Board does not

2 determine by a preponderance of the evidence that the applicant

3 poses a danger to himself or herself or others, or is a threat

4 to public safety, then the Board shall notify the Department

5 that the applicant is eligible for a license.

6 (h) Meetings of the Board shall not be subject to the Open

7 Meetings Act and records of the Board shall not be subject to

8 the Freedom of Information Act.

9 (i) The Board shall report monthly to the Governor and the

10 General Assembly on the number of objections received and

11 provide details of the circumstances in which the Board has

12 determined to deny licensure based on law enforcement or

13 Department objections under Section 15 of this Act. The report

14 shall not contain any identifying information about the

15 applicants.

16 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

17 (430 ILCS 66/30)

18 Sec. 30. Contents of license application.

19 (a) The license application shall be in writing, under

20 penalty of perjury, on a standard form adopted by the

21 Department and shall be accompanied by the documentation

22 required in this Section and the applicable fee. Each

23 application form shall include the following statement printed

24 in bold type: "Warning: Entering false information on this form

25 is punishable as perjury under Section 32-2 of the Criminal

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1 Code of 2012."

2 (b) The application shall contain the following:

3 (1) the applicant's name, current address, date and

4 year of birth, place of birth, height, weight, hair color,

5 eye color, maiden name or any other name the applicant has

6 used or identified with, and any address where the

7 applicant resided for more than 30 days within the 10 years

8 preceding the date of the license application;

9 (2) the applicant's valid driver's license number or

10 valid state identification card number;

11 (3) a waiver of the applicant's privacy and

12 confidentiality rights and privileges under all federal

13 and state laws, including those limiting access to juvenile

14 court, criminal justice, psychological, or psychiatric

15 records or records relating to any institutionalization of

16 the applicant, and an affirmative request that a person

17 having custody of any of these records provide it or

18 information concerning it to the Department. The waiver

19 only applies to records sought in connection with

20 determining whether the applicant qualifies for a license

21 to carry a concealed firearm under this Act, or whether the

22 applicant remains in compliance with the Firearm Owners

23 Identification Card Act;

24 (4) an affirmation that the applicant possesses a

25 currently valid Firearm Owner's Identification Card and

26 card number if possessed or notice the applicant is

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1 applying for a Firearm Owner's Identification Card in

2 conjunction with the license application;

3 (5) an affirmation that the applicant has not been

4 convicted or found guilty of:

5 (A) a felony;

6 (B) a misdemeanor involving the use or threat of

7 physical force or violence to any person within the 5

8 years preceding the date of the application; or

9 (C) 2 or more violations related to driving while

10 under the influence of alcohol, other drug or drugs,

11 intoxicating compound or compounds, or any combination

12 thereof, within the 5 years preceding the date of the

13 license application; and

14 (6) whether the applicant has failed a drug test for a

15 drug for which the applicant did not have a prescription,

16 within the previous year, and if so, the provider of the

17 test, the specific substance involved, and the date of the

18 test;

19 (7) written consent for the Department to review and

20 use the applicant's Illinois digital driver's license or

21 Illinois identification card photograph and signature;

22 (8) a full set of fingerprints submitted to the

23 Department in electronic format~~, provided the Department~~

24 ~~may accept an application submitted without a set of~~

25 ~~fingerprints in which case the Department shall be granted~~

26 ~~30 days in addition to the 90 days provided under~~

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1 ~~subsection (e) of Section 10 of this Act to issue or deny a~~

2 ~~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.)