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91_SB1363
LRB9111104WHgc
1 AN ACT to re-enact provisions of the Firearm Owners
2 Identification Card Act contained in Article 50 of Public Act
3 88-680.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 1. Purpose.
7 (1) The General Assembly finds and declares that:
8 (i) Public Act 88-680, effective January 1, 1995,
9 contained provisions amending the Firearm Owners
10 Identification Card Act. Public Act 88-680 also contained
11 other provisions.
12 (ii) In addition, Public Act 88-680 was entitled
13 "AN ACT to create a Safe Neighborhoods Law". (A) Article
14 5 was entitled JUVENILE JUSTICE and amended the Juvenile
15 Court Act of 1987. (B) Article 15 was entitled GANGS and
16 amended various provisions of the Criminal Code of 1961
17 and the Unified Code of Corrections. (C) Article 20 was
18 entitled ALCOHOL ABUSE and amended various provisions of
19 the Illinois Vehicle Code. (D) Article 25 was entitled
20 DRUG ABUSE and amended the Cannabis Control Act and the
21 Illinois Controlled Substances Act. (E) Article 30 was
22 entitled FIREARMS and amended the Criminal Code of 1961
23 and the Code of Criminal Procedure of 1963. (F) Article
24 35 amended the Criminal Code of 1961, the Rights of Crime
25 Victims and Witnesses Act, and the Unified Code of
26 Corrections. (G) Article 40 amended the Criminal Code of
27 1961 to increase the penalty for compelling organization
28 membership of persons. (H) Article 45 created the Secure
29 Residential Youth Care Facility Licensing Act and amended
30 the State Finance Act, the Juvenile Court Act of 1987,
31 the Unified Code of Corrections, and the Private
32 Correctional Facility Moratorium Act. (I) Article 50
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1 amended the WIC Vendor Management Act, the Firearm Owners
2 Identification Card Act, the Juvenile Court Act of 1987,
3 the Criminal Code of 1961, the Wrongs to Children Act,
4 and the Unified Code of Corrections.
5 (iii) On December 2, 1999, the Illinois Supreme
6 Court, in People v. Cervantes, Docket No. 87229, ruled
7 that Public Act 88-680 violates the single subject clause
8 of the Illinois Constitution (Article IV, Section 8 (d))
9 and was unconstitutional in its entirety.
10 (iv) The provisions of Public Act 88-680 amending
11 the Firearm Owners Identification Card Act are of vital
12 concern to the people of this State and legislative
13 action concerning those provisions of Public Act 88-680
14 is necessary.
15 (2) It is the purpose of this Act to re-enact the
16 provisions of Article 50 of Public Act 88-680 amending the
17 Firearm Owners Identification Card Act, including subsequent
18 amendments. This re-enactment is intended to remove any
19 question as to the validity or content of those provisions.
20 (3) This Act re-enacts provisions of Article 50 of
21 Public Act 88-680 amending the Firearm Owners Identification
22 Card Act, including subsequent amendments, to remove any
23 question as to the validity or content of those provisions;
24 it is not intended to supersede any other Public Act that
25 amends the text of the Sections as set forth in this Act. The
26 material is shown as existing text (i.e., without
27 underscoring).
28 ARTICLE 50
29 Section 50-3. The Firearm Owners Identification Card Act
30 is amended by re-enacting Sections 2, 4, 6, 8, and 14 as
31 follows:
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1 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
2 Sec. 2. Firearm Owner's Identification Card required;
3 exceptions.
4 (a) (1) No person may acquire or possess any firearm
5 within this State without having in his or her possession a
6 Firearm Owner's Identification Card previously issued in his
7 or her name by the Department of State Police under the
8 provisions of this Act.
9 (2) No person may acquire or possess firearm ammunition
10 within this State without having in his or her possession a
11 Firearm Owner's Identification Card previously issued in his
12 or her name by the Department of State Police under the
13 provisions of this Act.
14 (b) The provisions of this Section regarding the
15 possession of firearms and firearm ammunition do not apply
16 to:
17 (1) United States Marshals, while engaged in the
18 operation of their official duties;
19 (2) Members of the Armed Forces of the United
20 States or the National Guard, while engaged in the
21 operation of their official duties;
22 (3) Federal officials required to carry firearms,
23 while engaged in the operation of their official duties;
24 (4) Members of bona fide veterans organizations
25 which receive firearms directly from the armed forces of
26 the United States, while using the firearms for
27 ceremonial purposes with blank ammunition;
28 (5) Nonresident hunters during hunting season, with
29 valid nonresident hunting licenses and while in an area
30 where hunting is permitted; however, at all other times
31 and in all other places these persons must have their
32 firearms unloaded and enclosed in a case;
33 (6) Those hunters exempt from obtaining a hunting
34 license who are required to submit their Firearm Owner's
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1 Identification Card when hunting on Department of Natural
2 Resources owned or managed sites;
3 (7) Nonresidents while on a firing or shooting
4 range recognized by the Department of State Police;
5 however, these persons must at all other times and in all
6 other places have their firearms unloaded and enclosed in
7 a case;
8 (8) Nonresidents while at a firearm showing or
9 display recognized by the Department of State Police;
10 however, at all other times and in all other places these
11 persons must have their firearms unloaded and enclosed in
12 a case;
13 (9) Nonresidents whose firearms are unloaded and
14 enclosed in a case;
15 (10) Nonresidents who are currently licensed or
16 registered to possess a firearm in their resident state;
17 (11) Unemancipated minors while in the custody and
18 immediate control of their parent or legal guardian or
19 other person in loco parentis to the minor if the parent
20 or legal guardian or other person in loco parentis to the
21 minor has a currently valid Firearm Owner's
22 Identification Card;
23 (12) Color guards of bona fide veterans
24 organizations or members of bona fide American Legion
25 bands while using firearms for ceremonial purposes with
26 blank ammunition;
27 (13) Nonresident hunters whose state of residence
28 does not require them to be licensed or registered to
29 possess a firearm and only during hunting season, with
30 valid hunting licenses, while accompanied by, and using a
31 firearm owned by, a person who possesses a valid Firearm
32 Owner's Identification Card and while in an area within a
33 commercial club licensed under the Wildlife Code where
34 hunting is permitted and controlled, but in no instance
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1 upon sites owned or managed by the Department of Natural
2 Resources; and
3 (14) Resident hunters who are properly authorized
4 to hunt and, while accompanied by a person who possesses
5 a valid Firearm Owner's Identification Card, hunt in an
6 area within a commercial club licensed under the Wildlife
7 Code where hunting is permitted and controlled.
8 (c) The provisions of this Section regarding the
9 acquisition and possession of firearms and firearm ammunition
10 do not apply to law enforcement officials of this or any
11 other jurisdiction, while engaged in the operation of their
12 official duties.
13 (Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)
14 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
15 Sec. 4. (a) Each applicant for a Firearm Owner's
16 Identification Card must:
17 (1) Make application on blank forms prepared and
18 furnished at convenient locations throughout the State by
19 the Department of State Police; and
20 (2) Submit evidence under penalty of perjury to the
21 Department of State Police that:
22 (i) He or she is 21 years of age or over, or
23 if he or she is under 21 years of age that he or she
24 has the written consent of his or her parent or
25 legal guardian to possess and acquire firearms and
26 firearm ammunition and that he or she has never been
27 convicted of a misdemeanor other than a traffic
28 offense or adjudged delinquent, provided, however,
29 that such parent or legal guardian is not an
30 individual prohibited from having a Firearm Owner's
31 Identification Card and files an affidavit with the
32 Department as prescribed by the Department stating
33 that he or she is not an individual prohibited from
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1 having a Card;
2 (ii) He or she has not been convicted of a
3 felony under the laws of this or any other
4 jurisdiction;
5 (iii) He or she is not addicted to narcotics;
6 (iv) He or she has not been a patient in a
7 mental institution within the past 5 years;
8 (v) He or she is not mentally retarded;
9 (vi) He or she is not an alien who is
10 unlawfully present in the United States under the
11 laws of the United States;
12 (vii) He or she is not subject to an existing
13 order of protection prohibiting him or her from
14 possessing a firearm;
15 (viii) He or she has not been convicted within
16 the past 5 years of battery, assault, aggravated
17 assault, violation of an order of protection, or a
18 substantially similar offense in another
19 jurisdiction, in which a firearm was used or
20 possessed;
21 (ix) He or she has not been convicted of
22 domestic battery or a substantially similar offense
23 in another jurisdiction committed on or after the
24 effective date of this amendatory Act of 1997; and
25 (x) He or she has not been convicted within
26 the past 5 years of domestic battery or a
27 substantially similar offense in another
28 jurisdiction committed before the effective date of
29 this amendatory Act of 1997; and
30 (3) Upon request by the Department of State Police,
31 sign a release on a form prescribed by the Department of
32 State Police waiving any right to confidentiality and
33 requesting the disclosure to the Department of State
34 Police of limited mental health institution admission
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1 information from another state, the District of Columbia,
2 any other territory of the United States, or a foreign
3 nation concerning the applicant for the sole purpose of
4 determining whether the applicant is or was a patient in
5 a mental health institution and disqualified because of
6 that status from receiving a Firearm Owner's
7 Identification Card. No mental health care or treatment
8 records may be requested. The information received shall
9 be destroyed within one year of receipt.
10 (b) Each application form shall include the following
11 statement printed in bold type: "Warning: False statements
12 of the applicant shall result in prosecution for perjury in
13 accordance with Section 32-2 of the Criminal Code of 1961.".
14 (c) Upon such written consent, pursuant to Section 4,
15 paragraph (a) (2) (i), the parent or legal guardian giving
16 the consent shall be liable for any damages resulting from
17 the applicant's use of firearms or firearm ammunition.
18 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)
19 (430 ILCS 65/6) (from Ch. 38, par. 83-6)
20 Sec. 6. A Firearm Owner's Identification Card, issued by
21 the Department of State Police at such places as the Director
22 of the Department shall specify, shall contain the
23 applicant's name, residence, date of birth, sex, physical
24 description, recent photograph and such other personal
25 identifying information as may be required by the Director.
26 Each Firearm Owner's Identification Card must have the
27 expiration date boldly and conspicuously displayed on the
28 face of the card. Each Firearm Owner's Identification Card
29 must have printed on it the following: "CAUTION - This card
30 does not permit bearer to UNLAWFULLY carry or use firearms."
31 (Source: P.A. 88-680, eff. 1-1-95.)
32 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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1 Sec. 8. The Department of State Police has authority to
2 deny an application for or to revoke and seize a Firearm
3 Owner's Identification Card previously issued under this Act
4 only if the Department finds that the applicant or the person
5 to whom such card was issued is or was at the time of
6 issuance:
7 (a) A person under 21 years of age who has been
8 convicted of a misdemeanor other than a traffic offense or
9 adjudged delinquent;
10 (b) A person under 21 years of age who does not have the
11 written consent of his parent or guardian to acquire and
12 possess firearms and firearm ammunition, or whose parent or
13 guardian has revoked such written consent, or where such
14 parent or guardian does not qualify to have a Firearm Owner's
15 Identification Card;
16 (c) A person convicted of a felony under the laws of
17 this or any other jurisdiction;
18 (d) A person addicted to narcotics;
19 (e) A person who has been a patient of a mental
20 institution within the past 5 years;
21 (f) A person whose mental condition is of such a nature
22 that it poses a clear and present danger to the applicant,
23 any other person or persons or the community;
24 For the purposes of this Section, "mental condition"
25 means a state of mind manifested by violent, suicidal,
26 threatening or assaultive behavior.
27 (g) A person who is mentally retarded;
28 (h) A person who intentionally makes a false statement
29 in the Firearm Owner's Identification Card application;
30 (i) An alien who is unlawfully present in the United
31 States under the laws of the United States;
32 (j) A person who is subject to an existing order of
33 protection prohibiting him or her from possessing a firearm;
34 (k) A person who has been convicted within the past 5
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1 years of battery, assault, aggravated assault, violation of
2 an order of protection, or a substantially similar offense in
3 another jurisdiction, in which a firearm was used or
4 possessed;
5 (l) A person who has been convicted of domestic battery
6 or a substantially similar offense in another jurisdiction
7 committed on or after January 1, 1998;
8 (m) A person who has been convicted within the past 5
9 years of domestic battery or a substantially similar offense
10 in another jurisdiction committed before January 1, 1998; or
11 (n) A person who is prohibited from acquiring or
12 possessing firearms or firearm ammunition by any Illinois
13 State statute or by federal law.
14 (Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
15 90-493, eff. 1-1-98; 90-655, eff. 7-30-98.)
16 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
17 Sec. 14. Sentence.
18 (a) A violation of paragraph (1) of subsection (a) of
19 Section 2, when the person's Firearm Owner's Identification
20 Card is expired but the person is not otherwise disqualified
21 from renewing the card, is a Class A misdemeanor.
22 (b) Except as provided in subsection (a) with respect to
23 an expired card, a violation of paragraph (1) of subsection
24 (a) of Section 2 is a Class A misdemeanor when the person
25 does not possess a currently valid Firearm Owner's
26 Identification Card, but is otherwise eligible under this
27 Act. A second or subsequent violation is a Class 4 felony.
28 (c) A violation of paragraph (1) of subsection (a) of
29 Section 2 is a Class 3 felony when:
30 (1) the person's Firearm Owner's Identification
31 Card is revoked or subject to revocation under Section 8;
32 or
33 (2) the person's Firearm Owner's Identification
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1 Card is expired and not otherwise eligible for renewal
2 under this Act; or
3 (3) the person does not possess a currently valid
4 Firearm Owner's Identification Card, and the person is
5 not otherwise eligible under this Act.
6 (d) A violation of subsection (a) of Section 3 is a
7 Class 4 felony.
8 (e) Any other violation of this Act is a Class A
9 misdemeanor.
10 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
11 ARTICLE 990
12 Section 990-1. Severability. The provisions of this Act
13 are severable under Section 1.31 of the Statute on Statutes.
14 ARTICLE 999
15 Section 999-1. Effective date. This Act takes effect
16 upon becoming law.