Bill Amendment: IL SB0714 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SAFETY-TECH

Status: 2021-01-13 - Session Sine Die [SB0714 Detail]

Download: Illinois-2019-SB0714-Senate_Amendment_001.html

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Sen. Julie A. Morrison

Filed: 3/14/2019

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AMENDMENT TO SENATE BILL 714
AMENDMENT NO. ______. Amend Senate Bill 714 by replacing
everything after the enacting clause with the following:
"Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 3, 5, 7, 8, and 9.5 as follows:
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Department of State Police under the provisions of this Act; or
(2) a currently valid license to carry a concealed firearm
which has previously been issued in his or her name by the
Department of State Police under the Firearm Concealed Carry

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Act. In addition, all firearm, stun gun, and taser transfers by
federally licensed firearm dealers are subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Department of State
Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
appear at the physical location of a federally licensed firearm
dealer and allow them to facilitate the transfer in accordance
with Section 3.1 contact the Department of State Police with
the transferee's or purchaser's Firearm Owner's Identification
Card number to determine the validity of the transferee's or
purchaser's Firearm Owner's Identification Card. This
subsection shall not be effective until January 1, 2014. The
Department of State Police may adopt rules concerning the
implementation of this subsection. The Department of State
Police shall provide the seller or transferor an approval
number if the purchaser's Firearm Owner's Identification Card
is valid. Approvals issued by the Department for the purchase
of a firearm pursuant to this subsection are valid for 30 days

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from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer is
not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $10 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under

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subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home of
the unlicensed transferee, if the unlicensed transferee is
not otherwise prohibited from possessing firearms and the
unlicensed transferee reasonably believes that possession
of the firearm is necessary to prevent imminent death or
great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Department of State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Department shall have the

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Internet-based system completed and available for use by July
1, 2015. The Department shall adopt rules not inconsistent with
this Section to implement this system.
(b) Any person within this State who transfers or causes to
be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Such record shall contain the date of the
transfer; the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial number
is available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by the
Department of State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm. On
demand of a peace officer such transferor shall produce for
inspection such record of transfer. If the transfer or sale
took place at a gun show, the record shall include the unique
identification number. Failure to record the unique
identification number or approval number is a petty offense.
For transfers of a firearm, stun gun, or taser made on or after
the effective date of this amendatory Act of the 100th General
Assembly, failure by the private seller to maintain the
transfer records in accordance with this Section is a Class A

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misdemeanor for the first offense and a Class 4 felony for a
second or subsequent offense. A transferee shall not be
criminally liable under this Section provided that he or she
provides the Department of State Police with the transfer
records in accordance with procedures established by the
Department. The Department shall establish, by rule, a standard
form on its website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card or
valid concealed carry license and either his or her Illinois
driver's license or Illinois State Identification Card prior to
the shipment of the ammunition. The ammunition may be shipped
only to an address on either of those 2 documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
(430 ILCS 65/5) (from Ch. 38, par. 83-5)
Sec. 5. Application and renewal.
(a) The Department of State Police shall either approve or
deny all applications within 90 30 days from the date they are

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received, except as provided in subsection (b) or (c) of this
Section, and every applicant found qualified under Section 8 of
this Act by the Department shall be entitled to a Firearm
Owner's Identification Card upon the payment of a $25 $10 fee.
Any applicant who is an active duty member of the Armed Forces
of the United States, a member of the Illinois National Guard,
or a member of the Reserve Forces of the United States is
exempt from the application fee. $3 $6 of each fee derived from
the issuance of Firearm Owner's Identification Cards, or
renewals thereof, shall be deposited in the Wildlife and Fish
Fund in the State Treasury; $1 of the fee shall be deposited in
the State Police Services Fund and $22 $3 of the fee shall be
deposited in the State Police Firearm Services Fund.
(b) Renewal applications shall be approved or denied within
60 business days, provided the applicant submitted his or her
renewal application prior to the expiration of his or her
Firearm Owner's Identification Card. If a renewal application
has been submitted prior to the expiration date of the
applicant's Firearm Owner's Identification Card, the Firearm
Owner's Identification Card shall remain valid while the
Department processes the application, unless the person is
subject to or becomes subject to revocation under this Act. The
cost for a renewal application shall be $10 which shall be
deposited into the State Police Firearm Services Fund.
(c) The applicant may submit a full set of fingerprints to
the Department in electronic format, which allows the applicant

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approval or denial of his or her application within 60 days
from the date the application is received.
(Source: P.A. 100-906, eff. 1-1-19.)
(430 ILCS 65/7) (from Ch. 38, par. 83-7)
Sec. 7. Validity of Firearm Owner's Identification Card.
(a) Except as provided in Section 8 of this Act or
subsection (b) of this Section, a Firearm Owner's
Identification Card issued under the provisions of this Act
shall be valid for the person to whom it is issued for a period
of 5 10 years from the date of issuance.
(b) If a renewal application is submitted to the Department
before the expiration date of the applicant's current Firearm
Owner's Identification Card, the Firearm Owner's
Identification Card shall remain valid for a period of 60
business days, unless the person is subject to or becomes
subject to revocation under this Act.
(Source: P.A. 100-906, eff. 1-1-19.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Department
of State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Department finds
that the applicant or the person to whom such card was issued
is or was at the time of issuance:

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(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) A person under 21 years of age who does not have
the written consent of his parent or guardian to acquire
and possess firearms and firearm ammunition, or whose
parent or guardian has revoked such written consent, or
where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government who is denied,
revoked, or has his or her Firearm Owner's Identification
Card seized under this subsection (e) may obtain relief as
described in subsection (c-5) of Section 10 of this Act if
the officer did not act in a manner threatening to the
officer, another person, or the public as determined by the
treating clinical psychologist or physician, and the
officer seeks mental health treatment;
(f) A person whose mental condition is of such a nature

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that it poses a clear and present danger to the applicant,
any other person or persons or the community;
(g) A person who has an intellectual disability;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(i-5) An alien who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any alien who has been lawfully
admitted to the United States under a non-immigrant visa if
that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so

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designated by the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on
official business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been
previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the right
to have an offense described in this paragraph (l) tried by
a jury, and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic relationship
is not a required element of the offense but in which a
determination of the applicability of 18 U.S.C. 922(g)(9)
is made under Section 112A-11.1 of the Code of Criminal

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Procedure of 1963, an entry by the court of a judgment of
conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm
Owner's Identification Card previously issued to the
person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a person with
a mental disability;
(s) A person who has been found to have a developmental
disability;
(t) A person involuntarily admitted into a mental
health facility; or

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(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of subsection
(a) of Section 4 of this Act because he or she was a
patient in a mental health facility as provided in
subsection (e) of this Section, shall not be permitted to
obtain a Firearm Owner's Identification Card, after the
5-year period has lapsed, unless he or she has received a
mental health evaluation by a physician, clinical
psychologist, or qualified examiner as those terms are
defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that he
or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
certification required under this subsection, except for
willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have been
restored through administrative or judicial action under
Section 10 or 11 of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Department of State Police shall
provide notice by mail and electronic mail with receipt
verification of delivery when available to the person and the

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person shall comply with Section 9.5 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
eff. 7-16-14; 99-143, eff. 7-27-15.)
(430 ILCS 65/9.5)
Sec. 9.5. Revocation of Firearm Owner's Identification
Card.
(a) A person who receives a revocation notice under Section
9 of this Act shall, within 48 hours of receiving notice of the
revocation:
(1) surrender his or her Firearm Owner's
Identification Card to the local law enforcement agency
where the person resides. The local law enforcement agency
shall provide the person a receipt and transmit the Firearm
Owner's Identification Card to the Department of State
Police; and
(2) complete a Firearm Disposition Record on a form
prescribed by the Department of State Police and place his
or her firearms in the location or with the person reported
in the Firearm Disposition Record. The form shall require
the person to disclose:
(A) the make, model, and serial number of each
firearm owned by or under the custody and control of
the revoked person;
(B) the location where each firearm will be
maintained during the prohibited term; and

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(C) if any firearm will be transferred to the
custody of another person, the name, address and
Firearm Owner's Identification Card number of the
transferee.
(b) The local law enforcement agency shall provide a copy
of the Firearm Disposition Record to the person whose Firearm
Owner's Identification Card has been revoked and to the
Department of State Police.
(c) If the person whose Firearm Owner's Identification Card
has been revoked fails to comply with the requirements of this
Section, the sheriff or law enforcement agency where the person
resides may petition the circuit court to issue a warrant to
search for and seize the Firearm Owner's Identification Card
and firearms in the possession or under the custody or control
of the person whose Firearm Owner's Identification Card has
been revoked.
(d) A violation of subsection (a) of this Section is a
Class 4 felony A misdemeanor.
(e) The observation of a Firearm Owner's Identification
Card in the possession of a person whose Firearm Owner's
Identification Card has been revoked constitutes a sufficient
basis for the arrest of that person for violation of this
Section.
(f) Within 30 days after the effective date of this
amendatory Act of the 98th General Assembly, the Department of
State Police shall provide written notice of the requirements

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of this Section to persons whose Firearm Owner's Identification
Cards have been revoked, suspended, or expired and who have
failed to surrender their cards to the Department.
(g) A person whose Firearm Owner's Identification Card has
been revoked and who received notice under subsection (f) shall
comply with the requirements of this Section within 48 hours of
receiving notice.
(Source: P.A. 98-63, eff. 7-9-13.)
Section 10. The Firearm Concealed Carry Act is amended by
changing Sections 20 and 30 as follows:
(430 ILCS 66/20)
Sec. 20. Concealed Carry Licensing Review Board.
(a) There is hereby created within the Department of State
Police a Concealed Carry Licensing Review Board to consider any
objection to an applicant's eligibility to obtain a license
under this Act submitted by a law enforcement agency or the
Department under Section 15 of this Act. The Board shall
consist of 7 commissioners to be appointed by the Governor,
with the advice and consent of the Senate, with 3 commissioners
residing within the First Judicial District and one
commissioner residing within each of the 4 remaining Judicial
Districts. No more than 4 commissioners shall be members of the
same political party. The Governor shall designate one
commissioner as the Chairperson. The Board shall consist of:

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(1) one commissioner with at least 5 years of service
as a federal judge;
(2) 2 commissioners with at least 5 years of experience
serving as an attorney with the United States Department of
Justice;
(3) 3 commissioners with at least 5 years of experience
as a federal agent or employee with investigative
experience or duties related to criminal justice under the
United States Department of Justice, Drug Enforcement
Administration, Department of Homeland Security, or
Federal Bureau of Investigation; and
(4) one member with at least 5 years of experience as a
licensed physician or clinical psychologist with expertise
in the diagnosis and treatment of mental illness.
(b) The initial terms of the commissioners shall end on
January 12, 2015. Thereafter, the commissioners shall hold
office for 4 years, with terms expiring on the second Monday in
January of the fourth year. Commissioners may be reappointed.
Vacancies in the office of commissioner shall be filled in the
same manner as the original appointment, for the remainder of
the unexpired term. The Governor may remove a commissioner for
incompetence, neglect of duty, malfeasance, or inability to
serve. Commissioners shall receive compensation in an amount
equal to the compensation of members of the Executive Ethics
Commission and may be reimbursed for reasonable expenses
actually incurred in the performance of their Board duties,

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from funds appropriated for that purpose.
(c) The Board shall meet at the call of the chairperson as
often as necessary to consider objections to applications for a
license under this Act. If necessary to ensure the
participation of a commissioner, the Board shall allow a
commissioner to participate in a Board meeting by electronic
communication. Any commissioner participating electronically
shall be deemed present for purposes of establishing a quorum
and voting.
(d) The Board shall adopt rules for the review of
objections and the conduct of hearings. The Board shall
maintain a record of its decisions and all materials considered
in making its decisions. All Board decisions and voting records
shall be kept confidential and all materials considered by the
Board shall be exempt from inspection except upon order of a
court.
(e) In considering an objection of a law enforcement agency
or the Department, the Board shall review the materials
received with the objection from the law enforcement agency or
the Department. By a vote of at least 4 commissioners, the
Board may request additional information from the law
enforcement agency, Department, or the applicant, or the
testimony of the law enforcement agency, Department, or the
applicant. The Board may require that the applicant submit
electronic fingerprints to the Department for an updated
background check where the Board determines it lacks sufficient

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information to determine eligibility. The Board may only
consider information submitted by the Department, a law
enforcement agency, or the applicant. The Board shall review
each objection and determine by a majority of commissioners
whether an applicant is eligible for a license.
(f) The Board shall issue a decision within 30 days of
receipt of the objection from the Department. However, the
Board need not issue a decision within 30 days if:
(1) the Board requests information from the applicant,
including but not limited to electronic fingerprints to be
submitted to the Department, in accordance with subsection
(e) of this Section, in which case the Board shall make a
decision within 30 days of receipt of the required
information from the applicant;
(2) the applicant agrees, in writing, to allow the
Board additional time to consider an objection; or
(3) the Board notifies the applicant and the Department
that the Board needs an additional 30 days to issue a
decision.
(g) If the Board determines by a preponderance of the
evidence that the applicant poses a danger to himself or
herself or others, or is a threat to public safety, then the
Board shall affirm the objection of the law enforcement agency
or the Department and shall notify the Department that the
applicant is ineligible for a license. If the Board does not
determine by a preponderance of the evidence that the applicant

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poses a danger to himself or herself or others, or is a threat
to public safety, then the Board shall notify the Department
that the applicant is eligible for a license.
(h) Meetings of the Board shall not be subject to the Open
Meetings Act and records of the Board shall not be subject to
the Freedom of Information Act.
(i) The Board shall report monthly to the Governor and the
General Assembly on the number of objections received and
provide details of the circumstances in which the Board has
determined to deny licensure based on law enforcement or
Department objections under Section 15 of this Act. The report
shall not contain any identifying information about the
applicants.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/30)
Sec. 30. Contents of license application.
(a) The license application shall be in writing, under
penalty of perjury, on a standard form adopted by the
Department and shall be accompanied by the documentation
required in this Section and the applicable fee. Each
application form shall include the following statement printed
in bold type: "Warning: Entering false information on this form
is punishable as perjury under Section 32-2 of the Criminal
Code of 2012."
(b) The application shall contain the following:

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(1) the applicant's name, current address, date and
year of birth, place of birth, height, weight, hair color,
eye color, maiden name or any other name the applicant has
used or identified with, and any address where the
applicant resided for more than 30 days within the 10 years
preceding the date of the license application;
(2) the applicant's valid driver's license number or
valid state identification card number;
(3) a waiver of the applicant's privacy and
confidentiality rights and privileges under all federal
and state laws, including those limiting access to juvenile
court, criminal justice, psychological, or psychiatric
records or records relating to any institutionalization of
the applicant, and an affirmative request that a person
having custody of any of these records provide it or
information concerning it to the Department. The waiver
only applies to records sought in connection with
determining whether the applicant qualifies for a license
to carry a concealed firearm under this Act, or whether the
applicant remains in compliance with the Firearm Owners
Identification Card Act;
(4) an affirmation that the applicant possesses a
currently valid Firearm Owner's Identification Card and
card number if possessed or notice the applicant is
applying for a Firearm Owner's Identification Card in
conjunction with the license application;

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(5) an affirmation that the applicant has not been
convicted or found guilty of:
(A) a felony;
(B) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the application; or
(C) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application; and
(6) whether the applicant has failed a drug test for a
drug for which the applicant did not have a prescription,
within the previous year, and if so, the provider of the
test, the specific substance involved, and the date of the
test;
(7) written consent for the Department to review and
use the applicant's Illinois digital driver's license or
Illinois identification card photograph and signature;
(8) a full set of fingerprints submitted to the
Department in electronic format, provided the Department
may accept an application submitted without a set of
fingerprints in which case the Department shall be granted
30 days in addition to the 90 days provided under
subsection (e) of Section 10 of this Act to issue or deny a
license;

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(9) a head and shoulder color photograph in a size
specified by the Department taken within the 30 days
preceding the date of the license application; and
(10) a photocopy of any certificates or other evidence
of compliance with the training requirements under this
Act.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.".