[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] |
91_SB0048ham001
LRB9100790RCksam
1 AMENDMENT TO SENATE BILL 48
2 AMENDMENT NO. . Amend Senate Bill 48 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Firearm Owners Identification Card Act
5 is 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 shall:
9 (1) Make application on blank forms prepared and
10 furnished at convenient locations throughout the State by
11 the Department of State Police; and
12 (2) Submit evidence under penalty of perjury to the
13 Department of State Police that:
14 (i) He or she is 21 years of age or over, or
15 if he or she is under 21 years of age that he or she
16 has the written consent of his or her parent or
17 legal guardian to possess and acquire firearms and
18 firearm ammunition and that he or she has never been
19 convicted of a misdemeanor other than a traffic
20 offense or adjudged delinquent, provided, however,
21 that such parent or legal guardian is not an
22 individual prohibited from having a Firearm Owner's
-2- LRB9100790RCksam
1 Identification Card and files an affidavit with the
2 Department as prescribed by the Department stating
3 that he or she is not an individual prohibited from
4 having a Card;
5 (ii) He or she has not been convicted of a
6 felony under the laws of this or any other
7 jurisdiction;
8 (iii) He or she is not addicted to narcotics;
9 (iv) He or she has not been a patient in a
10 mental institution within the past 5 years;
11 (v) He or she is not mentally retarded;
12 (vi) He or she is not an alien who is
13 unlawfully present in the United States under the
14 laws of the United States;
15 (vii) He or she is not subject to an existing
16 order of protection prohibiting him or her from
17 possessing a firearm;
18 (viii) He or she has not been convicted within
19 the past 5 years of battery, assault, aggravated
20 assault, violation of an order of protection, or a
21 substantially similar offense in another
22 jurisdiction, in which a firearm was used or
23 possessed;
24 (ix) He or she has not been convicted of
25 domestic battery or a substantially similar offense
26 in another jurisdiction committed on or after the
27 effective date of this amendatory Act of 1997; and
28 (x) He or she has not been convicted within
29 the past 5 years of domestic battery or a
30 substantially similar offense in another
31 jurisdiction committed before the effective date of
32 this amendatory Act of 1997; and.
33 (3) Upon request by the Department of State Police,
34 sign a release on a form prescribed by the Department of
-3- LRB9100790RCksam
1 State Police waiving any right to confidentiality and
2 requesting the disclosure to the Department of State
3 Police of limited mental health institution admission
4 information from another state, the District of Columbia,
5 any other territory of the United States, or a foreign
6 nation concerning the applicant for the sole purpose of
7 determining whether the applicant is or was a patient in
8 a mental health institution and disqualified because of
9 that status from receiving a Firearm Owner's
10 Identification Card. No mental health care or treatment
11 records may be requested. The information received shall
12 be destroyed within one year of receipt.
13 (b) Each application form shall include the following
14 statement printed in bold type: "Warning: False statements
15 of the applicant shall result in prosecution for perjury in
16 accordance with Section 32-2 of the Criminal Code of 1961.".
17 (c) Upon such written consent, pursuant to Section 4,
18 paragraph (a) (2) (i), the parent or legal guardian giving
19 the consent shall be liable for any damages resulting from
20 the applicant's use of firearms or firearm ammunition.
21 (Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98)".