State of Illinois
91st General Assembly
Legislation

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91_SB0048eng

 
SB48 Engrossed                                 LRB9100790RCks

 1        AN ACT in relation to mental health records of applicants
 2    for Firearm Owner's Identification Cards.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

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

 7        (430 ILCS 65/4) (from Ch. 38, par. 83-4)
 8        Sec.  4.  (a)  Each  applicant  for  a  Firearm   Owner's
 9    Identification Card must shall:
10             (1)  Make  application  on  blank forms prepared and
11        furnished at convenient locations throughout the State by
12        the Department of State Police; and
13             (2)  Submit evidence under penalty of perjury to the
14        Department of State Police that:
15                  (i)  He or she is 21 years of age or  over,  or
16             if he or she is under 21 years of age that he or she
17               has  the  written  consent of his or her parent or
18             legal guardian to possess and acquire  firearms  and
19             firearm ammunition and that he or she has never been
20             convicted  of  a  misdemeanor  other  than a traffic
21             offense or adjudged delinquent,  provided,  however,
22             that  such  parent  or  legal  guardian  is  not  an
23             individual  prohibited from having a Firearm Owner's
24             Identification Card and files an affidavit with  the
25             Department  as  prescribed by the Department stating
26             that he or she is not an individual prohibited  from
27             having a Card;
28                  (ii)  He  or  she  has  not been convicted of a
29             felony  under  the  laws  of  this  or   any   other
30             jurisdiction;
31                  (iii)  He or she is not addicted to narcotics;
 
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 1                  (iv)  He  or  she  has  not been a patient in a
 2             mental institution within the past 5 years;
 3                  (v)  He or she is not mentally retarded;
 4                  (vi)  He  or  she  is  not  an  alien  who   is
 5             unlawfully  present  in  the United States under the
 6             laws of the United States;
 7                  (vii)  He or she is not subject to an  existing
 8             order  of  protection  prohibiting  him  or her from
 9             possessing a firearm;
10                  (viii) He or she has not been convicted  within
11             the  past  5  years  of battery, assault, aggravated
12             assault, violation of an order of protection,  or  a
13             substantially    similar    offense    in    another
14             jurisdiction,   in  which  a  firearm  was  used  or
15             possessed;
16                  (ix)  He or  she  has  not  been  convicted  of
17             domestic  battery or a substantially similar offense
18             in another jurisdiction committed on  or  after  the
19             effective date of this amendatory Act of 1997; and
20                  (x)  He  or  she  has not been convicted within
21             the  past  5  years  of  domestic   battery   or   a
22             substantially    similar    offense    in    another
23             jurisdiction  committed before the effective date of
24             this amendatory Act of 1997; and.
25             (3)  Upon request by the Department of State Police,
26        sign a release on a form prescribed by the Department  of
27        State  Police  waiving  any  right to confidentiality and
28        consenting to the disclosure to the Department  of  State
29        Police  information  from  another state, the District of
30        Columbia, any other territory of the United States, or  a
31        foreign  nation  concerning  the  applicant's  records of
32        mental  health  or  developmental  disabilities  services
33        received for the sole purpose of determining whether  the
34        applicant is or was a patient in a mental institution and
 
SB48 Engrossed              -3-                LRB9100790RCks
 1        disqualified  because  of  that  status  from receiving a
 2        firearm owners identification card. For purpose  of  this
 3        clause  (3), "mental health or developmental disabilities
 4        services"  and "record" have  the  meanings  ascribed  to
 5        them  in Section 2 of the Mental Health and Developmental
 6        Disabilities Confidentiality Act.
 7        (b)  Each application form shall  include  the  following
 8    statement  printed  in bold type:  "Warning: False statements
 9    of the applicant shall result in prosecution for  perjury  in
10    accordance with Section 32-2 of the Criminal Code of 1961.".
11        (c)  Upon  such  written  consent, pursuant to Section 4,
12    paragraph (a) (2) (i), the parent or  legal  guardian  giving
13    the  consent  shall  be liable for any damages resulting from
14    the  applicant's  use  of  firearms  or  firearm  ammunition.
15    (Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98)

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