Bill Text: IL SB2857 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that 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 the Act if the Department finds that the applicant or the person to whom the card was issued is or was at the time of issuance not covered by a policy of liability insurance in the amount of at least $100,000 specifically covering any damages resulting from negligent or willful acts involving the use of a firearm while owned or carried by the person. Provides that a person shall be deemed the owner of a firearm after the firearm is lost or stolen until the loss or theft is reported to the police department or sheriff of the jurisdiction in which the owner resides.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-31 - Rule 3-9(a) / Re-referred to Assignments [SB2857 Detail]

Download: Illinois-2015-SB2857-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2857 Introduced 2/17/2016, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/8 from Ch. 38, par. 83-8
Amends the Firearm Owners Identification Card Act. Provides that 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 the Act if the Department finds that the applicant or the person to whom the card was issued is or was at the time of issuance not covered by a policy of liability insurance in the amount of at least $100,000 specifically covering any damages resulting from negligent or willful acts involving the use of a firearm while owned or carried by the person. Provides that a person shall be deemed the owner of a firearm after the firearm is lost or stolen until the loss or theft is reported to the police department or sheriff of the jurisdiction in which the owner resides.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 4 and 8 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means, if
and when made available by the Department of State Police;
and
(2) Submit evidence to the Department of State Police
that:
(i) He or she is 21 years of age or over, or if he
or she is under 21 years of age that he or she has the
written consent of his or her parent or legal guardian
to possess and acquire firearms and firearm ammunition
and that he or she has never been convicted of a
misdemeanor other than a traffic offense or adjudged
delinquent, provided, however, that such parent or
legal guardian is not an individual prohibited from

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having a Firearm Owner's Identification Card and files
an affidavit with the Department as prescribed by the
Department stating that he or she is not an individual
prohibited from having a Card;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
health facility within the past 5 years or, if he or
she has been a patient in a mental health facility more
than 5 years ago submit the certification required
under subsection (u) of Section 8 of this Act;
(v) He or she is not a person with an intellectual
disability;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the
United States;
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) He or she has not 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;
(ix) He or she has not been convicted of domestic

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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
knowingly and intelligently waives the right to have an
offense described in this clause (ix) 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 Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) He or she is not 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))), or that he or she is an 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

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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
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);
(xii) He or she is not 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;
(xiii) He or she is not 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;
(xiv) He or she is a resident of the State of

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Illinois;
(xv) He or she has not been adjudicated as a person
with a mental disability;
(xvi) He or she has not been involuntarily admitted
into a mental health facility; and
(xvii) He or she is not a person with a
developmental disability; and
(xviii) He or she has been issued a policy of
liability insurance in the amount of at least $100,000
specifically covering any damages resulting from
negligent or willful acts involving the use of a
firearm while owned or carried by the person. For the
purposes of this clause (xviii), a person shall be
deemed the owner of a firearm after the firearm is lost
or stolen until the loss or theft is reported to the
police department or sheriff of the jurisdiction in
which the owner resides; and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State Police
of limited mental health institution admission information
from another state, the District of Columbia, any other
territory of the United States, or a foreign nation
concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in a

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mental health institution and disqualified because of that
status from receiving a Firearm Owner's Identification
Card. No mental health care or treatment records may be
requested. The information received shall be destroyed
within one year of receipt.
(a-5) Each applicant for a Firearm Owner's Identification
Card who is over the age of 18 shall furnish to the Department
of State Police either his or her Illinois driver's license
number or Illinois Identification Card number, except as
provided in subsection (a-10).
(a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as a law enforcement officer, an armed
security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois
resident, shall furnish to the Department of State Police his
or her driver's license number or state identification card
number from his or her state of residence. The Department of
State Police may adopt rules to enforce the provisions of this
subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's
Identification Card moves from the residence address named in
the application, he or she shall immediately notify in a form
and manner prescribed by the Department of State Police of that
change of address.
(a-20) Each applicant for a Firearm Owner's Identification
Card shall furnish to the Department of State Police his or her

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photograph. An applicant who is 21 years of age or older
seeking a religious exemption to the photograph requirement
must furnish with the application an approved copy of United
States Department of the Treasury Internal Revenue Service Form
4029. In lieu of a photograph, an applicant regardless of age
seeking a religious exemption to the photograph requirement
shall submit fingerprints on a form and manner prescribed by
the Department with his or her application.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
(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

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is or was at the time of issuance:
(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;

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(f) A person whose mental condition is of such a nature
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

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distinguished foreign visitor who has been so
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)

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is made under Section 112A-11.1 of the Code of Criminal
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

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health facility; or
(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; or .
(v) A person who has not been issued a policy of
liability insurance in the amount of at least $100,000
specifically covering any damages resulting from negligent

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or willful acts involving the use of a firearm while owned
or carried by the person or whose liability insurance has
been cancelled, not renewed, or revoked. For the purposes
of this subsection (v), a person shall be deemed the owner
of a firearm after the firearm is lost or stolen until the
loss or theft is reported to the police department or
sheriff of the jurisdiction in which the owner resides.
Upon revocation of a person's Firearm Owner's
Identification Card, the Department of State Police shall
provide notice to the person and the 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.)