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91_SB1363eng SB1363 Engrossed 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 SB1363 Engrossed -2- LRB9111104WHgc 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: SB1363 Engrossed -3- LRB9111104WHgc 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 SB1363 Engrossed -4- LRB9111104WHgc 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 SB1363 Engrossed -5- LRB9111104WHgc 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 SB1363 Engrossed -6- LRB9111104WHgc 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 SB1363 Engrossed -7- LRB9111104WHgc 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) SB1363 Engrossed -8- LRB9111104WHgc 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 SB1363 Engrossed -9- LRB9111104WHgc 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 SB1363 Engrossed -10- LRB9111104WHgc 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.