Illinois 2023-2024 Regular Session

Illinois House Bill HB4217 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4217 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED: 430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 66/40 Amends the Firearm Owners Identification Card Act. Deletes provisions requiring an applicant or holder of a Firearm Owner's Identification Card to be a resident of the State of Illinois. Provides that a person who is not a resident of the State may apply for a Firearm Owner's Identification Card if the applicant complies with the provisions of the Act. Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall, by rule, allow for non-resident license applications from any state or territory of the United States if the applicant complies with the provisions of the Act (rather than from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act). LRB103 34939 RLC 64822 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4217 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED: 430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 66/40 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 66/40 Amends the Firearm Owners Identification Card Act. Deletes provisions requiring an applicant or holder of a Firearm Owner's Identification Card to be a resident of the State of Illinois. Provides that a person who is not a resident of the State may apply for a Firearm Owner's Identification Card if the applicant complies with the provisions of the Act. Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall, by rule, allow for non-resident license applications from any state or territory of the United States if the applicant complies with the provisions of the Act (rather than from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act). LRB103 34939 RLC 64822 b LRB103 34939 RLC 64822 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4217 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED:
3	3	430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 66/40 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 66/40
4	4	430 ILCS 65/4 from Ch. 38, par. 83-4
5	5	430 ILCS 65/8 from Ch. 38, par. 83-8
6	6	430 ILCS 66/40
7	7	Amends the Firearm Owners Identification Card Act. Deletes provisions requiring an applicant or holder of a Firearm Owner's Identification Card to be a resident of the State of Illinois. Provides that a person who is not a resident of the State may apply for a Firearm Owner's Identification Card if the applicant complies with the provisions of the Act. Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall, by rule, allow for non-resident license applications from any state or territory of the United States if the applicant complies with the provisions of the Act (rather than from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act).
8	8	LRB103 34939 RLC 64822 b LRB103 34939 RLC 64822 b
9	9	LRB103 34939 RLC 64822 b
10	10	A BILL FOR
11	11	HB4217LRB103 34939 RLC 64822 b HB4217 LRB103 34939 RLC 64822 b
12	12	HB4217 LRB103 34939 RLC 64822 b
13	13	1 AN ACT concerning safety.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Firearm Owners Identification Card Act is
17	17	5 amended by changing Sections 4 and 8 as follows:
18	18	6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
19	19	7 Sec. 4. Application for Firearm Owner's Identification
20	20	8 Cards.
21	21	9 (a) Each applicant for a Firearm Owner's Identification
22	22	10 Card must:
23	23	11 (1) Submit an application as made available by the
24	24	12 Illinois State Police; and
25	25	13 (2) Submit evidence to the Illinois State Police that:
26	26	14 (i) This subparagraph (i) applies through the
27	27	15 180th day following July 12, 2019 (the effective date
28	28	16 of Public Act 101-80). He or she is 21 years of age or
29	29	17 over, or if he or she is under 21 years of age that he
30	30	18 or she has the written consent of his or her parent or
31	31	19 legal guardian to possess and acquire firearms and
32	32	20 firearm ammunition and that he or she has never been
33	33	21 convicted of a misdemeanor other than a traffic
34	34	22 offense or adjudged delinquent, provided, however,
35	35	23 that such parent or legal guardian is not an
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4217 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED:
40	40	430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 66/40 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 66/40
41	41	430 ILCS 65/4 from Ch. 38, par. 83-4
42	42	430 ILCS 65/8 from Ch. 38, par. 83-8
43	43	430 ILCS 66/40
44	44	Amends the Firearm Owners Identification Card Act. Deletes provisions requiring an applicant or holder of a Firearm Owner's Identification Card to be a resident of the State of Illinois. Provides that a person who is not a resident of the State may apply for a Firearm Owner's Identification Card if the applicant complies with the provisions of the Act. Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall, by rule, allow for non-resident license applications from any state or territory of the United States if the applicant complies with the provisions of the Act (rather than from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act).
45	45	LRB103 34939 RLC 64822 b LRB103 34939 RLC 64822 b
46	46	LRB103 34939 RLC 64822 b
47	47	A BILL FOR
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53	53	430 ILCS 65/4 from Ch. 38, par. 83-4
54	54	430 ILCS 65/8 from Ch. 38, par. 83-8
55	55	430 ILCS 66/40
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74	74	1 individual prohibited from having a Firearm Owner's
75	75	2 Identification Card and files an affidavit with the
76	76	3 Department as prescribed by the Department stating
77	77	4 that he or she is not an individual prohibited from
78	78	5 having a Card;
79	79	6 (i-5) This subparagraph (i-5) applies on and after
80	80	7 the 181st day following July 12, 2019 (the effective
81	81	8 date of Public Act 101-80). He or she is 21 years of
82	82	9 age or over, or if he or she is under 21 years of age
83	83	10 that he or she has never been convicted of a
84	84	11 misdemeanor other than a traffic offense or adjudged
85	85	12 delinquent and is an active duty member of the United
86	86	13 States Armed Forces or the Illinois National Guard or
87	87	14 has the written consent of his or her parent or legal
88	88	15 guardian to possess and acquire firearms and firearm
89	89	16 ammunition, provided, however, that such parent or
90	90	17 legal guardian is not an individual prohibited from
91	91	18 having a Firearm Owner's Identification Card and files
92	92	19 an affidavit with the Illinois State Police as
93	93	20 prescribed by the Illinois State Police stating that
94	94	21 he or she is not an individual prohibited from having a
95	95	22 Card or the active duty member of the United States
96	96	23 Armed Forces or the Illinois National Guard under 21
97	97	24 years of age annually submits proof to the Illinois
98	98	25 State Police, in a manner prescribed by the Illinois
99	99	26 State Police;
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110	110	1 (ii) He or she has not been convicted of a felony
111	111	2 under the laws of this or any other jurisdiction;
112	112	3 (iii) He or she is not addicted to narcotics;
113	113	4 (iv) He or she has not been a patient in a mental
114	114	5 health facility within the past 5 years or, if he or
115	115	6 she has been a patient in a mental health facility more
116	116	7 than 5 years ago submit the certification required
117	117	8 under subsection (u) of Section 8 of this Act;
118	118	9 (v) He or she is not a person with an intellectual
119	119	10 disability;
120	120	11 (vi) He or she is not a noncitizen who is
121	121	12 unlawfully present in the United States under the laws
122	122	13 of the United States;
123	123	14 (vii) He or she is not subject to an existing order
124	124	15 of protection prohibiting him or her from possessing a
125	125	16 firearm;
126	126	17 (viii) He or she has not been convicted within the
127	127	18 past 5 years of battery, assault, aggravated assault,
128	128	19 violation of an order of protection, or a
129	129	20 substantially similar offense in another jurisdiction,
130	130	21 in which a firearm was used or possessed;
131	131	22 (ix) He or she has not been convicted of domestic
132	132	23 battery, aggravated domestic battery, or a
133	133	24 substantially similar offense in another jurisdiction
134	134	25 committed before, on or after January 1, 2012 (the
135	135	26 effective date of Public Act 97-158). If the applicant
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146	146	1 knowingly and intelligently waives the right to have
147	147	2 an offense described in this clause (ix) tried by a
148	148	3 jury, and by guilty plea or otherwise, results in a
149	149	4 conviction for an offense in which a domestic
150	150	5 relationship is not a required element of the offense
151	151	6 but in which a determination of the applicability of
152	152	7 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
153	153	8 the Code of Criminal Procedure of 1963, an entry by the
154	154	9 court of a judgment of conviction for that offense
155	155	10 shall be grounds for denying the issuance of a Firearm
156	156	11 Owner's Identification Card under this Section;
157	157	12 (x) (Blank);
158	158	13 (xi) He or she is not a noncitizen who has been
159	159	14 admitted to the United States under a non-immigrant
160	160	15 visa (as that term is defined in Section 101(a)(26) of
161	161	16 the Immigration and Nationality Act (8 U.S.C.
162	162	17 1101(a)(26))), or that he or she is a noncitizen who
163	163	18 has been lawfully admitted to the United States under
164	164	19 a non-immigrant visa if that noncitizen is:
165	165	20 (1) admitted to the United States for lawful
166	166	21 hunting or sporting purposes;
167	167	22 (2) an official representative of a foreign
168	168	23 government who is:
169	169	24 (A) accredited to the United States
170	170	25 Government or the Government's mission to an
171	171	26 international organization having its
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182	182	1 headquarters in the United States; or
183	183	2 (B) en route to or from another country to
184	184	3 which that noncitizen is accredited;
185	185	4 (3) an official of a foreign government or
186	186	5 distinguished foreign visitor who has been so
187	187	6 designated by the Department of State;
188	188	7 (4) a foreign law enforcement officer of a
189	189	8 friendly foreign government entering the United
190	190	9 States on official business; or
191	191	10 (5) one who has received a waiver from the
192	192	11 Attorney General of the United States pursuant to
193	193	12 18 U.S.C. 922(y)(3);
194	194	13 (xii) He or she is not a minor subject to a
195	195	14 petition filed under Section 5-520 of the Juvenile
196	196	15 Court Act of 1987 alleging that the minor is a
197	197	16 delinquent minor for the commission of an offense that
198	198	17 if committed by an adult would be a felony;
199	199	18 (xiii) He or she is not an adult who had been
200	200	19 adjudicated a delinquent minor under the Juvenile
201	201	20 Court Act of 1987 for the commission of an offense that
202	202	21 if committed by an adult would be a felony;
203	203	22 (xiv) (Blank); He or she is a resident of the State
204	204	23 of Illinois;
205	205	24 (xv) He or she has not been adjudicated as a person
206	206	25 with a mental disability;
207	207	26 (xvi) He or she has not been involuntarily
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218	218	1 admitted into a mental health facility; and
219	219	2 (xvii) He or she is not a person with a
220	220	3 developmental disability; and
221	221	4 (3) Upon request by the Illinois State Police, sign a
222	222	5 release on a form prescribed by the Illinois State Police
223	223	6 waiving any right to confidentiality and requesting the
224	224	7 disclosure to the Illinois State Police of limited mental
225	225	8 health institution admission information from another
226	226	9 state, the District of Columbia, any other territory of
227	227	10 the United States, or a foreign nation concerning the
228	228	11 applicant for the sole purpose of determining whether the
229	229	12 applicant is or was a patient in a mental health
230	230	13 institution and disqualified because of that status from
231	231	14 receiving a Firearm Owner's Identification Card. No mental
232	232	15 health care or treatment records may be requested. The
233	233	16 information received shall be destroyed within one year of
234	234	17 receipt.
235	235	18 (a-5) Each applicant for a Firearm Owner's Identification
236	236	19 Card who is over the age of 18 shall furnish to the Illinois
237	237	20 State Police either his or her Illinois driver's license
238	238	21 number or Illinois Identification Card number, except as
239	239	22 provided in subsection (a-10).
240	240	23 (a-10) Each applicant for a Firearm Owner's Identification
241	241	24 Card, who is employed as a law enforcement officer, an armed
242	242	25 security officer in Illinois, or by the United States Military
243	243	26 permanently assigned in Illinois and who is not an Illinois
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254	254	1 resident, shall furnish to the Illinois State Police his or
255	255	2 her driver's license number or state identification card
256	256	3 number from his or her state of residence. The Illinois State
257	257	4 Police may adopt rules to enforce the provisions of this
258	258	5 subsection (a-10).
259	259	6 (a-15) If an applicant applying for a Firearm Owner's
260	260	7 Identification Card moves from the residence address named in
261	261	8 the application, he or she shall immediately notify in a form
262	262	9 and manner prescribed by the Illinois State Police of that
263	263	10 change of address.
264	264	11 (a-20) Each applicant for a Firearm Owner's Identification
265	265	12 Card shall furnish to the Illinois State Police his or her
266	266	13 photograph. An applicant who is 21 years of age or older
267	267	14 seeking a religious exemption to the photograph requirement
268	268	15 must furnish with the application an approved copy of United
269	269	16 States Department of the Treasury Internal Revenue Service
270	270	17 Form 4029. In lieu of a photograph, an applicant regardless of
271	271	18 age seeking a religious exemption to the photograph
272	272	19 requirement shall submit fingerprints on a form and manner
273	273	20 prescribed by the Illinois State Police with his or her
274	274	21 application.
275	275	22 (a-25) Beginning January 1, 2023, each applicant for the
276	276	23 issuance of a Firearm Owner's Identification Card may include
277	277	24 a full set of his or her fingerprints in electronic format to
278	278	25 the Illinois State Police, unless the applicant has previously
279	279	26 provided a full set of his or her fingerprints to the Illinois
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290	290	1 State Police under this Act or the Firearm Concealed Carry
291	291	2 Act.
292	292	3 The fingerprints must be transmitted through a live scan
293	293	4 fingerprint vendor licensed by the Department of Financial and
294	294	5 Professional Regulation. The fingerprints shall be checked
295	295	6 against the fingerprint records now and hereafter filed in the
296	296	7 Illinois State Police and Federal Bureau of Investigation
297	297	8 criminal history records databases, including all available
298	298	9 State and local criminal history record information files.
299	299	10 The Illinois State Police shall charge applicants a
300	300	11 one-time fee for conducting the criminal history record check,
301	301	12 which shall be deposited into the State Police Services Fund
302	302	13 and shall not exceed the actual cost of the State and national
303	303	14 criminal history record check.
304	304	15 (a-26) The Illinois State Police shall research, explore,
305	305	16 and report to the General Assembly by January 1, 2022 on the
306	306	17 feasibility of permitting voluntarily submitted fingerprints
307	307	18 obtained for purposes other than Firearm Owner's
308	308	19 Identification Card enforcement that are contained in the
309	309	20 Illinois State Police database for purposes of this Act.
310	310	21 (b) Each application form shall include the following
311	311	22 statement printed in bold type: "Warning: Entering false
312	312	23 information on an application for a Firearm Owner's
313	313	24 Identification Card is punishable as a Class 2 felony in
314	314	25 accordance with subsection (d-5) of Section 14 of the Firearm
315	315	26 Owners Identification Card Act.".
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326	326	1 (c) Upon such written consent, pursuant to Section 4,
327	327	2 paragraph (a)(2)(i), the parent or legal guardian giving the
328	328	3 consent shall be liable for any damages resulting from the
329	329	4 applicant's use of firearms or firearm ammunition.
330	330	5 (d) A person who is not a resident of this State may apply
331	331	6 for a Firearm Owner's Identification Card if the applicant
332	332	7 complies with the provisions of this Act.
333	333	8 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
334	334	9 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
335	335	10 5-27-22; 102-1116, eff. 1-10-23.)
336	336	11 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
337	337	12 Sec. 8. Grounds for denial and revocation. The Illinois
338	338	13 State Police has authority to deny an application for or to
339	339	14 revoke and seize a Firearm Owner's Identification Card
340	340	15 previously issued under this Act only if the Illinois State
341	341	16 Police finds that the applicant or the person to whom such card
342	342	17 was issued is or was at the time of issuance:
343	343	18 (a) A person under 21 years of age who has been
344	344	19 convicted of a misdemeanor other than a traffic offense or
345	345	20 adjudged delinquent;
346	346	21 (b) This subsection (b) applies through the 180th day
347	347	22 following July 12, 2019 (the effective date of Public Act
348	348	23 101-80). A person under 21 years of age who does not have
349	349	24 the written consent of his parent or guardian to acquire
350	350	25 and possess firearms and firearm ammunition, or whose
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361	361	1 parent or guardian has revoked such written consent, or
362	362	2 where such parent or guardian does not qualify to have a
363	363	3 Firearm Owner's Identification Card;
364	364	4 (b-5) This subsection (b-5) applies on and after the
365	365	5 181st day following July 12, 2019 (the effective date of
366	366	6 Public Act 101-80). A person under 21 years of age who is
367	367	7 not an active duty member of the United States Armed
368	368	8 Forces or the Illinois National Guard and does not have
369	369	9 the written consent of his or her parent or guardian to
370	370	10 acquire and possess firearms and firearm ammunition, or
371	371	11 whose parent or guardian has revoked such written consent,
372	372	12 or where such parent or guardian does not qualify to have a
373	373	13 Firearm Owner's Identification Card;
374	374	14 (c) A person convicted of a felony under the laws of
375	375	15 this or any other jurisdiction;
376	376	16 (d) A person addicted to narcotics;
377	377	17 (e) A person who has been a patient of a mental health
378	378	18 facility within the past 5 years or a person who has been a
379	379	19 patient in a mental health facility more than 5 years ago
380	380	20 who has not received the certification required under
381	381	21 subsection (u) of this Section. An active law enforcement
382	382	22 officer employed by a unit of government or a Department
383	383	23 of Corrections employee authorized to possess firearms who
384	384	24 is denied, revoked, or has his or her Firearm Owner's
385	385	25 Identification Card seized under this subsection (e) may
386	386	26 obtain relief as described in subsection (c-5) of Section
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397	397	1 10 of this Act if the officer or employee did not act in a
398	398	2 manner threatening to the officer or employee, another
399	399	3 person, or the public as determined by the treating
400	400	4 clinical psychologist or physician, and the officer or
401	401	5 employee seeks mental health treatment;
402	402	6 (f) A person whose mental condition is of such a
403	403	7 nature that it poses a clear and present danger to the
404	404	8 applicant, any other person or persons, or the community;
405	405	9 (g) A person who has an intellectual disability;
406	406	10 (h) A person who intentionally makes a false statement
407	407	11 in the Firearm Owner's Identification Card application or
408	408	12 endorsement affidavit;
409	409	13 (i) A noncitizen who is unlawfully present in the
410	410	14 United States under the laws of the United States;
411	411	15 (i-5) A noncitizen who has been admitted to the United
412	412	16 States under a non-immigrant visa (as that term is defined
413	413	17 in Section 101(a)(26) of the Immigration and Nationality
414	414	18 Act (8 U.S.C. 1101(a)(26))), except that this subsection
415	415	19 (i-5) does not apply to any noncitizen who has been
416	416	20 lawfully admitted to the United States under a
417	417	21 non-immigrant visa if that noncitizen is:
418	418	22 (1) admitted to the United States for lawful
419	419	23 hunting or sporting purposes;
420	420	24 (2) an official representative of a foreign
421	421	25 government who is:
422	422	26 (A) accredited to the United States Government
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433	433	1 or the Government's mission to an international
434	434	2 organization having its headquarters in the United
435	435	3 States; or
436	436	4 (B) en route to or from another country to
437	437	5 which that noncitizen is accredited;
438	438	6 (3) an official of a foreign government or
439	439	7 distinguished foreign visitor who has been so
440	440	8 designated by the Department of State;
441	441	9 (4) a foreign law enforcement officer of a
442	442	10 friendly foreign government entering the United States
443	443	11 on official business; or
444	444	12 (5) one who has received a waiver from the
445	445	13 Attorney General of the United States pursuant to 18
446	446	14 U.S.C. 922(y)(3);
447	447	15 (j) (Blank);
448	448	16 (k) A person who has been convicted within the past 5
449	449	17 years of battery, assault, aggravated assault, violation
450	450	18 of an order of protection, or a substantially similar
451	451	19 offense in another jurisdiction, in which a firearm was
452	452	20 used or possessed;
453	453	21 (l) A person who has been convicted of domestic
454	454	22 battery, aggravated domestic battery, or a substantially
455	455	23 similar offense in another jurisdiction committed before,
456	456	24 on or after January 1, 2012 (the effective date of Public
457	457	25 Act 97-158). If the applicant or person who has been
458	458	26 previously issued a Firearm Owner's Identification Card
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469	469	1 under this Act knowingly and intelligently waives the
470	470	2 right to have an offense described in this paragraph (l)
471	471	3 tried by a jury, and by guilty plea or otherwise, results
472	472	4 in a conviction for an offense in which a domestic
473	473	5 relationship is not a required element of the offense but
474	474	6 in which a determination of the applicability of 18 U.S.C.
475	475	7 922(g)(9) is made under Section 112A-11.1 of the Code of
476	476	8 Criminal Procedure of 1963, an entry by the court of a
477	477	9 judgment of conviction for that offense shall be grounds
478	478	10 for denying an application for and for revoking and
479	479	11 seizing a Firearm Owner's Identification Card previously
480	480	12 issued to the person under this Act;
481	481	13 (m) (Blank);
482	482	14 (n) A person who is prohibited from acquiring or
483	483	15 possessing firearms or firearm ammunition by any Illinois
484	484	16 State statute or by federal law;
485	485	17 (o) A minor subject to a petition filed under Section
486	486	18 5-520 of the Juvenile Court Act of 1987 alleging that the
487	487	19 minor is a delinquent minor for the commission of an
488	488	20 offense that if committed by an adult would be a felony;
489	489	21 (p) An adult who had been adjudicated a delinquent
490	490	22 minor under the Juvenile Court Act of 1987 for the
491	491	23 commission of an offense that if committed by an adult
492	492	24 would be a felony;
493	493	25 (q) (Blank); A person who is not a resident of the
494	494	26 State of Illinois, except as provided in subsection (a-10)
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505	505	1 of Section 4;
506	506	2 (r) A person who has been adjudicated as a person with
507	507	3 a mental disability;
508	508	4 (s) A person who has been found to have a
509	509	5 developmental disability;
510	510	6 (t) A person involuntarily admitted into a mental
511	511	7 health facility; or
512	512	8 (u) A person who has had his or her Firearm Owner's
513	513	9 Identification Card revoked or denied under subsection (e)
514	514	10 of this Section or item (iv) of paragraph (2) of
515	515	11 subsection (a) of Section 4 of this Act because he or she
516	516	12 was a patient in a mental health facility as provided in
517	517	13 subsection (e) of this Section, shall not be permitted to
518	518	14 obtain a Firearm Owner's Identification Card, after the
519	519	15 5-year period has lapsed, unless he or she has received a
520	520	16 mental health evaluation by a physician, clinical
521	521	17 psychologist, or qualified examiner as those terms are
522	522	18 defined in the Mental Health and Developmental
523	523	19 Disabilities Code, and has received a certification that
524	524	20 he or she is not a clear and present danger to himself,
525	525	21 herself, or others. The physician, clinical psychologist,
526	526	22 or qualified examiner making the certification and his or
527	527	23 her employer shall not be held criminally, civilly, or
528	528	24 professionally liable for making or not making the
529	529	25 certification required under this subsection, except for
530	530	26 willful or wanton misconduct. This subsection does not
531	531
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541	541	1 apply to a person whose firearm possession rights have
542	542	2 been restored through administrative or judicial action
543	543	3 under Section 10 or 11 of this Act.
544	544	4 Upon revocation of a person's Firearm Owner's
545	545	5 Identification Card, the Illinois State Police shall provide
546	546	6 notice to the person and the person shall comply with Section
547	547	7 9.5 of this Act.
548	548	8 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
549	549	9 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
550	550	10 5-27-22; 102-1116, eff. 1-10-23.)
551	551	11 Section 10. The Firearm Concealed Carry Act is amended by
552	552	12 changing Section 40 as follows:
553	553	13 (430 ILCS 66/40)
554	554	14 Sec. 40. Non-resident license applications.
555	555	15 (a) For the purposes of this Section, "non-resident" means
556	556	16 a person who has not resided within this State for more than 30
557	557	17 days and resides in another state or territory.
558	558	18 (b) The Illinois State Police shall by rule allow for
559	559	19 non-resident license applications from any state or territory
560	560	20 of the United States if the applicant complies with the
561	561	21 provisions of this Act with laws related to firearm ownership,
562	562	22 possession, and carrying, that are substantially similar to
563	563	23 the requirements to obtain a license under this Act.
564	564	24 (c) A resident of a state or territory approved by the
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575	575	1 Illinois State Police under subsection (b) of this Section may
576	576	2 apply for a non-resident license. The applicant shall apply to
577	577	3 the Illinois State Police and must meet all of the
578	578	4 qualifications established in Section 25 of this Act, except
579	579	5 for the Illinois residency requirement in item (xiv) of
580	580	6 paragraph (2) of subsection (a) of Section 4 of the Firearm
581	581	7 Owners Identification Card Act. The applicant shall submit:
582	582	8 (1) the application and documentation required under
583	583	9 Section 30 of this Act and the applicable fee;
584	584	10 (2) a notarized document stating that the applicant:
585	585	11 (A) is eligible under federal law and the laws of
586	586	12 his or her state or territory of residence to own or
587	587	13 possess a firearm;
588	588	14 (B) if applicable, has a license or permit to
589	589	15 carry a firearm or concealed firearm issued by his or
590	590	16 her state or territory of residence and attach a copy
591	591	17 of the license or permit to the application;
592	592	18 (C) understands Illinois laws pertaining to the
593	593	19 possession and transport of firearms; and
594	594	20 (D) acknowledges that the applicant is subject to
595	595	21 the jurisdiction of the Illinois State Police and
596	596	22 Illinois courts for any violation of this Act;
597	597	23 (3) a photocopy of any certificates or other evidence
598	598	24 of compliance with the training requirements under Section
599	599	25 75 of this Act; and
600	600	26 (4) a head and shoulder color photograph in a size
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611	611	1 specified by the Illinois State Police taken within the 30
612	612	2 days preceding the date of the application.
613	613	3 (d) In lieu of an Illinois driver's license or Illinois
614	614	4 identification card, a non-resident applicant shall provide
615	615	5 similar documentation from his or her state or territory of
616	616	6 residence. In lieu of a valid Firearm Owner's Identification
617	617	7 Card, the applicant shall submit documentation and information
618	618	8 required by the Illinois State Police to obtain a Firearm
619	619	9 Owner's Identification Card, including an affidavit that the
620	620	10 non-resident meets the mental health standards to obtain a
621	621	11 firearm under Illinois law, and the Illinois State Police
622	622	12 shall ensure that the applicant would meet the eligibility
623	623	13 criteria to obtain a Firearm Owner's Identification card if he
624	624	14 or she was a resident of this State.
625	625	15 (e) Nothing in this Act shall prohibit a non-resident from
626	626	16 transporting a concealed firearm within his or her vehicle in
627	627	17 Illinois, if the concealed firearm remains within his or her
628	628	18 vehicle and the non-resident:
629	629	19 (1) is not prohibited from owning or possessing a
630	630	20 firearm under federal law;
631	631	21 (2) is eligible to carry a firearm in public under the
632	632	22 laws of his or her state or territory of residence, as
633	633	23 evidenced by the possession of a concealed carry license
634	634	24 or permit issued by his or her state of residence, if
635	635	25 applicable; and
636	636	26 (3) is not in possession of a license under this Act.
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