Bill Text: IL HB1280 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that the Illinois 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 Illinois State Police finds that the applicant or the person to whom the card was issued is or was at the time of issuance a person who has been convicted of misdemeanor stalking or a similar misdemeanor offense in another jurisdiction.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1280 Detail]

Download: Illinois-2023-HB1280-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1280 Introduced , by Rep. Daniel Didech 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 Illinois 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 Illinois State Police finds that the applicant or the person to whom the card was issued is or was at the time of issuance a person who has been convicted of misdemeanor stalking or a similar misdemeanor offense in another jurisdiction.
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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. Application for Firearm Owner's Identification
Cards.
(a) Each applicant for a Firearm Owner's Identification
Card must:
(1) Submit an application as made available by the
Illinois State Police; and
(2) Submit evidence to the Illinois State Police that:
(i) This subparagraph (i) applies through the
180th day following July 12, 2019 (the effective date
of Public Act 101-80). 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

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individual prohibited from 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;
(i-5) This subparagraph (i-5) applies on and after
the 181st day following July 12, 2019 (the effective
date of Public Act 101-80). 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 never been convicted of a
misdemeanor other than a traffic offense or adjudged
delinquent and is an active duty member of the United
States Armed Forces or has the written consent of his
or her parent or legal guardian to possess and acquire
firearms and firearm ammunition, provided, however,
that such parent or legal guardian is not an
individual prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Illinois State Police as prescribed by the Illinois
State Police stating that he or she is not an
individual prohibited from having a Card or the active
duty member of the United States Armed Forces under 21
years of age annually submits proof to the Illinois
State Police, in a manner prescribed by the Illinois
State Police;
(ii) He or she has not been convicted of a felony

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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 a noncitizen 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;
(viii-5) He or she has not been convicted of
misdemeanor stalking or a similar misdemeanor offense
in another jurisdiction;
(ix) He or she has not been convicted of domestic
battery, aggravated domestic battery, or a
substantially similar offense in another jurisdiction

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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 a noncitizen 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 a noncitizen who
has been lawfully admitted to the United States under
a non-immigrant visa if that noncitizen 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

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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 noncitizen 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
Illinois;
(xv) He or she has not been adjudicated as a person

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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
(3) Upon request by the Illinois State Police, sign a
release on a form prescribed by the Illinois State Police
waiving any right to confidentiality and requesting the
disclosure to the Illinois 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 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 Illinois
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

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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 Illinois State Police his or
her driver's license number or state identification card
number from his or her state of residence. The Illinois 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 Illinois State Police of that
change of address.
(a-20) Each applicant for a Firearm Owner's Identification
Card shall furnish to the Illinois State Police his or her
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 Illinois State Police with his or her
application.
(a-25) Beginning January 1, 2023, each applicant for the
issuance of a Firearm Owner's Identification Card may include
a full set of his or her fingerprints in electronic format to

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the Illinois State Police, unless the applicant has previously
provided a full set of his or her fingerprints to the Illinois
State Police under this Act or the Firearm Concealed Carry
Act.
The fingerprints must be transmitted through a live scan
fingerprint vendor licensed by the Department of Financial and
Professional Regulation. The fingerprints shall be checked
against the fingerprint records now and hereafter filed in the
Illinois State Police and Federal Bureau of Investigation
criminal history records databases, including all available
State and local criminal history record information files.
The Illinois State Police shall charge applicants a
one-time fee for conducting the criminal history record check,
which shall be deposited into the State Police Services Fund
and shall not exceed the actual cost of the State and national
criminal history record check.
(a-26) The Illinois State Police shall research, explore,
and report to the General Assembly by January 1, 2022 on the
feasibility of permitting voluntarily submitted fingerprints
obtained for purposes other than Firearm Owner's
Identification Card enforcement that are contained in the
Illinois State Police database for purposes of this Act.
(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

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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. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Illinois
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 Illinois State
Police finds that the applicant or the person to whom such card
was issued 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) This subsection (b) applies through the 180th day
following July 12, 2019 (the effective date of Public Act
101-80). 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

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where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(b-5) This subsection (b-5) applies on and after the
181st day following July 12, 2019 (the effective date of
Public Act 101-80). A person under 21 years of age who is
not an active duty member of the United States Armed
Forces and does not have the written consent of his or her
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 or a Department
of Corrections employee authorized to possess firearms 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 or employee did not act in a

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manner threatening to the officer or employee, another
person, or the public as determined by the treating
clinical psychologist or physician, and the officer or
employee seeks mental health treatment;
(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) A noncitizen who is unlawfully present in the
United States under the laws of the United States;
(i-5) A noncitizen 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 noncitizen who has been
lawfully admitted to the United States under a
non-immigrant visa if that noncitizen 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

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States; or
(B) en route to or from another country to
which that noncitizen 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);
(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;
(k-5) A person who has been convicted of misdemeanor
stalking or a similar misdemeanor offense in another
jurisdiction;
(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

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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 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

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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
(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

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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 Illinois State Police shall provide
notice to the person and the person shall comply with Section
9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22.)