Sen. Ira I. Silverstein
Filed: 2/23/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 74




2 AMENDMENT NO. ______. Amend Senate Bill 74 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 4 as follows:



6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


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


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


14  (2) Submit evidence to the Department of State Police 
15 that:


16   (i) He or she is 21 years of age or over, or if he 
 
 
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1 or she is under 21
years of age that he or she has the 
2 written consent of his or her parent or
legal guardian 
3 to possess and acquire firearms and firearm ammunition 
4 and that
he or she has never been convicted of a 
5 misdemeanor other than a traffic
offense or adjudged

6 delinquent, provided, however, that such parent or 
7 legal guardian is not an
individual prohibited from 
8 having a Firearm Owner's Identification Card and
files 
9 an affidavit with the Department as prescribed by the 
10 Department
stating that he or she is not an individual 
11 prohibited from having a Card;


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


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


15   (iv) He or she has not been a patient in a mental 
16 health facility within
the past 5 years or, if he or 
17 she has been a patient in a mental health facility more 
18 than 5 years ago submit the certification required 
19 under subsection (u) of Section 8 of this Act;


20   (v) He or she is not a person with an intellectual 
21 disability;


22   (vi) He or she is not an alien who is unlawfully 
23 present in the
United States under the laws of the 
24 United States;


25   (vii) He or she is not subject to an existing order 
26 of protection
prohibiting him or her from possessing a 
 
 
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1 firearm;


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


7   (ix) He or she has not been convicted of domestic 
8 battery, aggravated domestic battery, or a

9 substantially similar offense in another
jurisdiction 
10 committed before, on or after January 1, 2012 (the 
11 effective date of Public Act 97-158). If the applicant 
12 knowingly and intelligently waives the right to have an 
13 offense described in this clause (ix) tried by a jury, 
14 and by guilty plea or otherwise, results in a 
15 conviction for an offense in which a domestic 
16 relationship is not a required element of the offense 
17 but in which a determination of the applicability of 18 
18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the 
19 Code of Criminal Procedure of 1963, an entry by the 
20 court of a judgment of conviction for that offense 
21 shall be grounds for denying the issuance of a Firearm 
22 Owner's Identification Card under this Section;


23   (x) (Blank);


24   (xi) He or she is not an alien who has been 
25 admitted to the United
States under a non-immigrant 
26 visa (as that term is defined in Section
101(a)(26) of 
 
 
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1 the Immigration and Nationality Act (8 U.S.C. 
2 1101(a)(26))),
or that he or she is an alien who has 
3 been lawfully admitted to the United
States under a 
4 non-immigrant visa if that alien is:


5    (1) admitted to the United States for lawful 
6 hunting or sporting
purposes;


7    (2) an official representative of a foreign 
8 government who is:


9     (A) accredited to the United States 
10 Government or the Government's
mission to an 
11 international organization having its 
12 headquarters in the United
States; or


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


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


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


21    (5) one who has received a waiver from the 
22 Attorney General of the
United States pursuant to 
23 18 U.S.C. 922(y)(3);


24   (xii) He or she is not a minor subject to a 
25 petition filed
under Section 5-520 of the Juvenile 
26 Court Act of 1987 alleging that the
minor is a 
 
 
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1 delinquent minor for the commission of an offense that 
2 if
committed by an adult would be a felony;


3   (xiii) He or she is not an adult who had been 
4 adjudicated a delinquent
minor under the Juvenile 
5 Court Act of 1987 for the commission of an offense
that 
6 if committed by an adult would be a felony;

7   (xiv) He or she is a resident of the State of 
8 Illinois; 
9   (xv) He or she has not been adjudicated as a person 
10 with a mental disability; 
11   (xvi) He or she has not been involuntarily admitted 
12 into a mental health facility; and 
13   (xvii) He or she is not a person with a 
14 developmental disability; 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

 
 
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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 
4Card who is over
the age of 18 shall furnish to the Department 
5of State Police either his or
her Illinois driver's license 
6number or Illinois Identification Card number, except as

7provided in subsection (a-10).

8 (a-10) Each applicant for a Firearm Owner's Identification 
9Card,
who is employed as a law enforcement officer, an armed 
10security officer in Illinois, or by the United States Military

11permanently assigned in Illinois and who is not an Illinois 
12resident, shall furnish to
the Department of State Police his 
13or her driver's license number or state
identification card 
14number from his or her state of residence. The Department
of 
15State Police may adopt rules to enforce the provisions of this

16subsection (a-10).

17 (a-15) If an applicant applying for a Firearm Owner's 
18Identification Card moves from the residence address named in 
19the application, he or she shall immediately notify in a form 
20and manner prescribed by the Department of State Police of that 
21change of address.
22 (a-20) Each applicant for a Firearm Owner's Identification 
23Card shall furnish to the Department of State Police his or her 
24photograph. An applicant who is 21 years of age or older 
25seeking a religious exemption to the photograph requirement 
26must furnish with the application an approved copy of United 
 
 
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1States Department of the Treasury Internal Revenue Service Form 
24029. In lieu of a photograph, an applicant regardless of age 
3seeking a religious exemption to the photograph requirement 
4shall submit fingerprints on a form and manner prescribed by 
5the Department with his or her application. 
6 (a-25) Beginning 180 days after the effective date of this 
7amendatory Act of the 100th General Assembly, each applicant 
8for the issuance or renewal of a Firearm Owner's Identification 
9Card shall include a full set of his or her fingerprints in 
10electronic format to the Department of State Police for the 
11purpose of identity verification, unless the applicant has 
12previously provided a full set of his or her fingerprints to 
13the Department under this Act or the Firearm Concealed Carry 
14Act.
15   (1) The fingerprints must be transmitted through a 
16 live scan fingerprint vendor licensed by the 
17 Department of Financial and Professional Regulation or 
18 a criminal justice agency authorized by the Department 
19 to submit fingerprints under this Act or the Firearm 
20 Concealed Carry Act. These fingerprints shall be 
21 checked against the fingerprint records now and 
22 hereafter filed in the Department and Federal Bureau of 
23 Investigation criminal history records databases, 
24 including all available state and local criminal 
25 history record information files, including records of 
26 juvenile adjudications.
 
 
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1   (2) The Department shall charge applicants a fee 
2 for conducting the criminal history record check, 
3 which shall be deposited in the State Police Services 
4 Fund and shall not exceed the actual cost of the State 
5 and national criminal history record check.
6 (b) Each application form shall include the following 
7statement printed in
bold type: "Warning: Entering false 
8information on an application for a Firearm
Owner's 
9Identification Card is punishable as a Class 2 felony in 
10accordance
with subsection (d-5) of Section 14 of the Firearm 
11Owners Identification Card
Act.".

12 (c) Upon such written consent, pursuant to Section 4, 
13paragraph (a)(2)(i),
the parent or legal guardian giving the 
14consent shall be liable for any
damages resulting from the 
15applicant's use of firearms or firearm ammunition.

16(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)


17 Section 10. The Firearm Concealed Carry Act is amended by 
18changing Sections 30 and 50 as follows:

19 (430 ILCS 66/30)

20 Sec. 30. Contents of license application. 
21 (a) The license application shall be in writing, under 
22penalty of perjury, on a standard form adopted by the 
23Department and shall be accompanied by the documentation 
24required in this Section and the applicable fee. Each 
 
 
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1application form shall include the following statement printed 
2in bold type: "Warning: Entering false information on this form 
3is punishable as perjury under Section 32-2 of the Criminal 
4Code of 2012."
5 (b) The application shall contain the following:
6  (1) the applicant's name, current address, date and 
7 year of birth, place of birth, height, weight, hair color, 
8 eye color, maiden name or any other name the applicant has 
9 used or identified with, and any address where the 
10 applicant resided for more than 30 days within the 10 years 
11 preceding the date of the license application;
12  (2) the applicant's valid driver's license number or 
13 valid state identification card number;
14  (3) a waiver of the applicant's privacy and 
15 confidentiality rights and privileges under all federal 
16 and state laws, including those limiting access to juvenile 
17 court, criminal justice, psychological, or psychiatric 
18 records or records relating to any institutionalization of 
19 the applicant, and an affirmative request that a person 
20 having custody of any of these records provide it or 
21 information concerning it to the Department. The waiver 
22 only applies to records sought in connection with 
23 determining whether the applicant qualifies for a license 
24 to carry a concealed firearm under this Act, or whether the 
25 applicant remains in compliance with the Firearm Owners 
26 Identification Card Act;
 
 
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1  (4) an affirmation that the applicant possesses a 
2 currently valid Firearm Owner's Identification Card and 
3 card number if possessed or notice the applicant is 
4 applying for a Firearm Owner's Identification Card in 
5 conjunction with the license application;
6  (5) an affirmation that the applicant has not been 
7 convicted or found guilty of:
8   (A) a felony;
9   (B) a misdemeanor involving the use or threat of 
10 physical force or violence to any person within the 5 
11 years preceding the date of the application; or
12   (C) 2 or more violations related to driving while 
13 under the influence of alcohol, other drug or drugs, 
14 intoxicating compound or compounds, or any combination 
15 thereof, within the 5 years preceding the date of the 
16 license application; and
17  (6) whether the applicant has failed a drug test for a 
18 drug for which the applicant did not have a prescription, 
19 within the previous year, and if so, the provider of the 
20 test, the specific substance involved, and the date of the 
21 test;
22  (7) written consent for the Department to review and 
23 use the applicant's Illinois digital driver's license or 
24 Illinois identification card photograph and signature;
25  (8) a full set of fingerprints submitted to the 
26 Department in electronic format for the purpose of 
 
 
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1 verification of identity in a form and manner prescribed by 
2 the Department, unless the applicant has previously 
3 provided a full set of his or her fingerprints to the 
4 Department under the Firearm Owners Identification Card 
5 Act; , provided the Department may accept an application 
6 submitted without a set of fingerprints in which case the 
7 Department shall be granted 30 days in addition to the 90 
8 days provided under subsection (e) of Section 10 of this 
9 Act to issue or deny a license;
10  (9) a head and shoulder color photograph in a size 
11 specified by the Department taken within the 30 days 
12 preceding the date of the license application; and
13  (10) a photocopy of any certificates or other evidence 
14 of compliance with the training requirements under this 
15 Act.

16(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

17 (430 ILCS 66/50)

18 Sec. 50. License renewal. Applications for renewal of a 
19license shall be made to the Department. A license shall be 
20renewed for a period of 5 years upon receipt of a completed 
21renewal application, completion of 3 hours of training required 
22under Section 75 of this Act, payment of the applicable renewal 
23fee, and completion of an investigation under Section 35 of 
24this Act. The renewal application shall contain the information 
25required in Section 30 of this Act, except that the applicant 
 
 
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1need not resubmit a full set of fingerprints if the applicant 
2has previously provided a full set of his or her fingerprints 
3to the Department under this Act or the Firearm Owners 
4Identification Card Act.

5(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)".