State of Illinois
91st General Assembly
Legislation

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91_SB0048enr

 
SB48 Enrolled                                  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        requesting the disclosure  to  the  Department  of  State
29        Police  of  limited  mental  health institution admission
30        information from another state, the District of Columbia,
31        any other territory of the United States,  or  a  foreign
32        nation  concerning  the applicant for the sole purpose of
33        determining whether the applicant is or was a patient  in
34        a  mental  health institution and disqualified because of
 
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 1        that   status   from   receiving   a   Firearm    Owner's
 2        Identification  Card.  No mental health care or treatment
 3        records may be requested.  The information received shall
 4        be destroyed within one year of receipt.
 5        (b)  Each application form shall  include  the  following
 6    statement  printed  in bold type:  "Warning: False statements
 7    of the applicant shall result in prosecution for  perjury  in
 8    accordance with Section 32-2 of the Criminal Code of 1961.".
 9        (c)  Upon  such  written  consent, pursuant to Section 4,
10    paragraph (a) (2) (i), the parent or  legal  guardian  giving
11    the  consent  shall  be liable for any damages resulting from
12    the applicant's use of firearms or firearm ammunition.
13    (Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98)

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