Illinois 2023-2024 Regular Session

Illinois House Bill HB5254 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 HB5254 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/5 from Ch. 38, par. 83-5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/13.4720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1720 ILCS 5/24-3.5 Amends the Firearm Owners Identification Card Act. Provides that a renewal shall be automatically denied for any Firearm Owner's Identification Card issued to an applicant who submitted an application on or after the effective date of the amendatory Act, if the Firearm Owner's Identification Card holder has failed to complete hands-on firearm safety training within one year after the initial issuance of a Firearm Owner's Identification Card. Provides that a revoked license for not completing hands-on firearm safety training shall not be grounds for a denial of a subsequent Firearm Owner's Identification Card application. Provides that each application form for a Firearm Owner's Identification Card shall include the date on which hands-on firearm safety training has been or will be completed. Provides that proof that the applicant has completed or is currently enrolled in a hands-on training course must accompany the application. 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 person has failed to complete hands-on firearm safety training by the specified date on the Firearm Owner's Identification Card application. Provides that the Illinois State Police shall adopt rules that define "hands-on firearm safety training". Amends the Criminal Code of 2012. Provides that unlawful purchase of a firearm includes purchasing a firearm before completing hands-on firearm safety training as defined by rules adopted by the Illinois State Police. LRB103 35740 RLC 65821 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5254 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/5 from Ch. 38, par. 83-5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/13.4720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1720 ILCS 5/24-3.5 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/13.4 720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1 720 ILCS 5/24-3.5 Amends the Firearm Owners Identification Card Act. Provides that a renewal shall be automatically denied for any Firearm Owner's Identification Card issued to an applicant who submitted an application on or after the effective date of the amendatory Act, if the Firearm Owner's Identification Card holder has failed to complete hands-on firearm safety training within one year after the initial issuance of a Firearm Owner's Identification Card. Provides that a revoked license for not completing hands-on firearm safety training shall not be grounds for a denial of a subsequent Firearm Owner's Identification Card application. Provides that each application form for a Firearm Owner's Identification Card shall include the date on which hands-on firearm safety training has been or will be completed. Provides that proof that the applicant has completed or is currently enrolled in a hands-on training course must accompany the application. 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 person has failed to complete hands-on firearm safety training by the specified date on the Firearm Owner's Identification Card application. Provides that the Illinois State Police shall adopt rules that define "hands-on firearm safety training". Amends the Criminal Code of 2012. Provides that unlawful purchase of a firearm includes purchasing a firearm before completing hands-on firearm safety training as defined by rules adopted by the Illinois State Police. LRB103 35740 RLC 65821 b LRB103 35740 RLC 65821 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5254 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
3	3	430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/5 from Ch. 38, par. 83-5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/13.4720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1720 ILCS 5/24-3.5 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/13.4 720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1 720 ILCS 5/24-3.5
4	4	430 ILCS 65/4 from Ch. 38, par. 83-4
5	5	430 ILCS 65/5 from Ch. 38, par. 83-5
6	6	430 ILCS 65/8 from Ch. 38, par. 83-8
7	7	430 ILCS 65/13.4
8	8	720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
9	9	720 ILCS 5/24-3.5
10	10	Amends the Firearm Owners Identification Card Act. Provides that a renewal shall be automatically denied for any Firearm Owner's Identification Card issued to an applicant who submitted an application on or after the effective date of the amendatory Act, if the Firearm Owner's Identification Card holder has failed to complete hands-on firearm safety training within one year after the initial issuance of a Firearm Owner's Identification Card. Provides that a revoked license for not completing hands-on firearm safety training shall not be grounds for a denial of a subsequent Firearm Owner's Identification Card application. Provides that each application form for a Firearm Owner's Identification Card shall include the date on which hands-on firearm safety training has been or will be completed. Provides that proof that the applicant has completed or is currently enrolled in a hands-on training course must accompany the application. 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 person has failed to complete hands-on firearm safety training by the specified date on the Firearm Owner's Identification Card application. Provides that the Illinois State Police shall adopt rules that define "hands-on firearm safety training". Amends the Criminal Code of 2012. Provides that unlawful purchase of a firearm includes purchasing a firearm before completing hands-on firearm safety training as defined by rules adopted by the Illinois State Police.
11	11	LRB103 35740 RLC 65821 b LRB103 35740 RLC 65821 b
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13	13	A BILL FOR
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15	15	HB5254 LRB103 35740 RLC 65821 b
16	16	1 AN ACT concerning firearms.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Firearm Owners Identification Card Act is
20	20	5 amended by changing Sections 4, 5, 8, and 13.4 as follows:
21	21	6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
22	22	7 Sec. 4. Application for Firearm Owner's Identification
23	23	8 Cards.
24	24	9 (a) Each applicant for a Firearm Owner's Identification
25	25	10 Card must:
26	26	11 (1) Submit an application as made available by the
27	27	12 Illinois State Police; and
28	28	13 (2) Submit evidence to the Illinois State Police that:
29	29	14 (i) (Blank); This subparagraph (i) applies through
30	30	15 the 180th day following July 12, 2019 (the effective
31	31	16 date of Public Act 101-80). He or she is 21 years of
32	32	17 age or over, or if he or she is under 21 years of age
33	33	18 that he or she has the written consent of his or her
34	34	19 parent or legal guardian to possess and acquire
35	35	20 firearms and firearm ammunition and that he or she has
36	36	21 never been convicted of a misdemeanor other than a
37	37	22 traffic offense or adjudged delinquent, provided,
38	38	23 however, that such parent or legal guardian is not an
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42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5254 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
43	43	430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/5 from Ch. 38, par. 83-5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/13.4720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1720 ILCS 5/24-3.5 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/13.4 720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1 720 ILCS 5/24-3.5
44	44	430 ILCS 65/4 from Ch. 38, par. 83-4
45	45	430 ILCS 65/5 from Ch. 38, par. 83-5
46	46	430 ILCS 65/8 from Ch. 38, par. 83-8
47	47	430 ILCS 65/13.4
48	48	720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
49	49	720 ILCS 5/24-3.5
50	50	Amends the Firearm Owners Identification Card Act. Provides that a renewal shall be automatically denied for any Firearm Owner's Identification Card issued to an applicant who submitted an application on or after the effective date of the amendatory Act, if the Firearm Owner's Identification Card holder has failed to complete hands-on firearm safety training within one year after the initial issuance of a Firearm Owner's Identification Card. Provides that a revoked license for not completing hands-on firearm safety training shall not be grounds for a denial of a subsequent Firearm Owner's Identification Card application. Provides that each application form for a Firearm Owner's Identification Card shall include the date on which hands-on firearm safety training has been or will be completed. Provides that proof that the applicant has completed or is currently enrolled in a hands-on training course must accompany the application. 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 person has failed to complete hands-on firearm safety training by the specified date on the Firearm Owner's Identification Card application. Provides that the Illinois State Police shall adopt rules that define "hands-on firearm safety training". Amends the Criminal Code of 2012. Provides that unlawful purchase of a firearm includes purchasing a firearm before completing hands-on firearm safety training as defined by rules adopted by the Illinois State Police.
51	51	LRB103 35740 RLC 65821 b LRB103 35740 RLC 65821 b
52	52	LRB103 35740 RLC 65821 b
53	53	A BILL FOR
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59	59	430 ILCS 65/4 from Ch. 38, par. 83-4
60	60	430 ILCS 65/5 from Ch. 38, par. 83-5
61	61	430 ILCS 65/8 from Ch. 38, par. 83-8
62	62	430 ILCS 65/13.4
63	63	720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
64	64	720 ILCS 5/24-3.5
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83	83	1 individual prohibited from having a Firearm Owner's
84	84	2 Identification Card and files an affidavit with the
85	85	3 Department as prescribed by the Department stating
86	86	4 that he or she is not an individual prohibited from
87	87	5 having a Card;
88	88	6 (i-5) This subparagraph (i-5) applies on and after
89	89	7 the 181st day following July 12, 2019 (the effective
90	90	8 date of Public Act 101-80). The applicant He or she is
91	91	9 21 years of age or over, or if the applicant he or she
92	92	10 is under 21 years of age that the applicant he or she
93	93	11 has never been convicted of a misdemeanor other than a
94	94	12 traffic offense or adjudged delinquent and is an
95	95	13 active duty member of the United States Armed Forces
96	96	14 or the Illinois National Guard or has the written
97	97	15 consent of the applicant's his or her parent or legal
98	98	16 guardian to possess and acquire firearms and firearm
99	99	17 ammunition, provided, however, that such parent or
100	100	18 legal guardian is not an individual prohibited from
101	101	19 having a Firearm Owner's Identification Card and files
102	102	20 an affidavit with the Illinois State Police as
103	103	21 prescribed by the Illinois State Police stating that
104	104	22 the applicant he or she is not an individual
105	105	23 prohibited from having a Card or the active duty
106	106	24 member of the United States Armed Forces or the
107	107	25 Illinois National Guard under 21 years of age annually
108	108	26 submits proof to the Illinois State Police, in a
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119	119	1 manner prescribed by the Illinois State Police;
120	120	2 (ii) The applicant He or she has not been
121	121	3 convicted of a felony under the laws of this or any
122	122	4 other jurisdiction;
123	123	5 (iii) The applicant He or she is not addicted to
124	124	6 narcotics;
125	125	7 (iv) The applicant He or she has not been a patient
126	126	8 in a mental health facility within the past 5 years or,
127	127	9 if the applicant he or she has been a patient in a
128	128	10 mental health facility more than 5 years ago submit
129	129	11 the certification required under subsection (u) of
130	130	12 Section 8 of this Act;
131	131	13 (v) The applicant He or she is not a person with an
132	132	14 intellectual disability;
133	133	15 (vi) The applicant He or she is not a noncitizen
134	134	16 who is unlawfully present in the United States under
135	135	17 the laws of the United States;
136	136	18 (vii) The applicant He or she is not subject to an
137	137	19 existing order of protection prohibiting him or her
138	138	20 from possessing a firearm;
139	139	21 (viii) The applicant He or she has not been
140	140	22 convicted within the past 5 years of battery, assault,
141	141	23 aggravated assault, violation of an order of
142	142	24 protection, or a substantially similar offense in
143	143	25 another jurisdiction, in which a firearm was used or
144	144	26 possessed;
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155	155	1 (ix) The applicant He or she has not been
156	156	2 convicted of domestic battery, aggravated domestic
157	157	3 battery, or a substantially similar offense in another
158	158	4 jurisdiction committed before, on or after January 1,
159	159	5 2012 (the effective date of Public Act 97-158). If the
160	160	6 applicant knowingly and intelligently waives the right
161	161	7 to have an offense described in this clause (ix) tried
162	162	8 by a jury, and by guilty plea or otherwise, results in
163	163	9 a conviction for an offense in which a domestic
164	164	10 relationship is not a required element of the offense
165	165	11 but in which a determination of the applicability of
166	166	12 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
167	167	13 the Code of Criminal Procedure of 1963, an entry by the
168	168	14 court of a judgment of conviction for that offense
169	169	15 shall be grounds for denying the issuance of a Firearm
170	170	16 Owner's Identification Card under this Section;
171	171	17 (x) (Blank);
172	172	18 (xi) The applicant He or she is not a noncitizen
173	173	19 who has been admitted to the United States under a
174	174	20 non-immigrant visa (as that term is defined in Section
175	175	21 101(a)(26) of the Immigration and Nationality Act (8
176	176	22 U.S.C. 1101(a)(26))), or that the applicant he or she
177	177	23 is a noncitizen who has been lawfully admitted to the
178	178	24 United States under a non-immigrant visa if that
179	179	25 noncitizen is:
180	180	26 (1) admitted to the United States for lawful
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191	191	1 hunting or sporting purposes;
192	192	2 (2) an official representative of a foreign
193	193	3 government who is:
194	194	4 (A) accredited to the United States
195	195	5 Government or the Government's mission to an
196	196	6 international organization having its
197	197	7 headquarters in the United States; or
198	198	8 (B) en route to or from another country to
199	199	9 which that noncitizen is accredited;
200	200	10 (3) an official of a foreign government or
201	201	11 distinguished foreign visitor who has been so
202	202	12 designated by the Department of State;
203	203	13 (4) a foreign law enforcement officer of a
204	204	14 friendly foreign government entering the United
205	205	15 States on official business; or
206	206	16 (5) one who has received a waiver from the
207	207	17 Attorney General of the United States pursuant to
208	208	18 18 U.S.C. 922(y)(3);
209	209	19 (xii) The applicant He or she is not a minor
210	210	20 subject to a petition filed under Section 5-520 of the
211	211	21 Juvenile Court Act of 1987 alleging that the minor is a
212	212	22 delinquent minor for the commission of an offense that
213	213	23 if committed by an adult would be a felony;
214	214	24 (xiii) The applicant He or she is not an adult who
215	215	25 had been adjudicated a delinquent minor under the
216	216	26 Juvenile Court Act of 1987 for the commission of an
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227	227	1 offense that if committed by an adult would be a
228	228	2 felony;
229	229	3 (xiv) The applicant He or she is a resident of the
230	230	4 State of Illinois;
231	231	5 (xv) The applicant He or she has not been
232	232	6 adjudicated as a person with a mental disability;
233	233	7 (xvi) The applicant He or she has not been
234	234	8 involuntarily admitted into a mental health facility;
235	235	9 and
236	236	10 (xvii) The applicant He or she is not a person with
237	237	11 a developmental disability; and
238	238	12 (3) Upon request by the Illinois State Police, sign a
239	239	13 release on a form prescribed by the Illinois State Police
240	240	14 waiving any right to confidentiality and requesting the
241	241	15 disclosure to the Illinois State Police of limited mental
242	242	16 health institution admission information from another
243	243	17 state, the District of Columbia, any other territory of
244	244	18 the United States, or a foreign nation concerning the
245	245	19 applicant for the sole purpose of determining whether the
246	246	20 applicant is or was a patient in a mental health
247	247	21 institution and disqualified because of that status from
248	248	22 receiving a Firearm Owner's Identification Card. No mental
249	249	23 health care or treatment records may be requested. The
250	250	24 information received shall be destroyed within one year of
251	251	25 receipt.
252	252	26 (a-5) Each applicant for a Firearm Owner's Identification
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263	263	1 Card who is over the age of 18 shall furnish to the Illinois
264	264	2 State Police either the applicant's his or her Illinois
265	265	3 driver's license number or Illinois Identification Card
266	266	4 number, except as provided in subsection (a-10).
267	267	5 (a-10) Each applicant for a Firearm Owner's Identification
268	268	6 Card, who is employed as a law enforcement officer, an armed
269	269	7 security officer in Illinois, or by the United States Military
270	270	8 permanently assigned in Illinois and who is not an Illinois
271	271	9 resident, shall furnish to the Illinois State Police the
272	272	10 applicant's his or her driver's license number or state
273	273	11 identification card number from the applicant's his or her
274	274	12 state of residence. The Illinois State Police may adopt rules
275	275	13 to enforce the provisions of this subsection (a-10).
276	276	14 (a-15) If an applicant applying for a Firearm Owner's
277	277	15 Identification Card moves from the residence address named in
278	278	16 the application, the applicant he or she shall immediately
279	279	17 notify in a form and manner prescribed by the Illinois State
280	280	18 Police of that change of address.
281	281	19 (a-20) Each applicant for a Firearm Owner's Identification
282	282	20 Card shall furnish to the Illinois State Police the
283	283	21 applicant's his or her photograph. An applicant who is 21
284	284	22 years of age or older seeking a religious exemption to the
285	285	23 photograph requirement must furnish with the application an
286	286	24 approved copy of United States Department of the Treasury
287	287	25 Internal Revenue Service Form 4029. In lieu of a photograph,
288	288	26 an applicant regardless of age seeking a religious exemption
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299	299	1 to the photograph requirement shall submit fingerprints on a
300	300	2 form and manner prescribed by the Illinois State Police with
301	301	3 the applicant's his or her application.
302	302	4 (a-25) Beginning January 1, 2023, each applicant for the
303	303	5 issuance of a Firearm Owner's Identification Card may include
304	304	6 a full set of the applicant's his or her fingerprints in
305	305	7 electronic format to the Illinois State Police, unless the
306	306	8 applicant has previously provided a full set of the
307	307	9 applicant's his or her fingerprints to the Illinois State
308	308	10 Police under this Act or the Firearm Concealed Carry Act.
309	309	11 The fingerprints must be transmitted through a live scan
310	310	12 fingerprint vendor licensed by the Department of Financial and
311	311	13 Professional Regulation. The fingerprints shall be checked
312	312	14 against the fingerprint records now and hereafter filed in the
313	313	15 Illinois State Police and Federal Bureau of Investigation
314	314	16 criminal history records databases, including all available
315	315	17 State and local criminal history record information files.
316	316	18 The Illinois State Police shall charge applicants a
317	317	19 one-time fee for conducting the criminal history record check,
318	318	20 which shall be deposited into the State Police Services Fund
319	319	21 and shall not exceed the actual cost of the State and national
320	320	22 criminal history record check.
321	321	23 (a-26) The Illinois State Police shall research, explore,
322	322	24 and report to the General Assembly by January 1, 2022 on the
323	323	25 feasibility of permitting voluntarily submitted fingerprints
324	324	26 obtained for purposes other than Firearm Owner's
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335	335	1 Identification Card enforcement that are contained in the
336	336	2 Illinois State Police database for purposes of this Act.
337	337	3 (b) Each application form shall include the following
338	338	4 statement printed in bold type: "Warning: Entering false
339	339	5 information on an application for a Firearm Owner's
340	340	6 Identification Card is punishable as a Class 2 felony in
341	341	7 accordance with subsection (d-5) of Section 14 of the Firearm
342	342	8 Owners Identification Card Act.".
343	343	9 (c) Upon such written consent, pursuant to Section 4,
344	344	10 paragraph (a)(2)(i), the parent or legal guardian giving the
345	345	11 consent shall be liable for any damages resulting from the
346	346	12 applicant's use of firearms or firearm ammunition.
347	347	13 (d) Each application form shall include the date on which
348	348	14 hands-on firearm safety training has been or will be
349	349	15 completed. Proof that the applicant has completed or is
350	350	16 currently enrolled in a hands-on training course must
351	351	17 accompany the application.
352	352	18 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
353	353	19 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
354	354	20 5-27-22; 102-1116, eff. 1-10-23.)
355	355	21 (430 ILCS 65/5) (from Ch. 38, par. 83-5)
356	356	22 Sec. 5. Application and renewal.
357	357	23 (a) The Illinois State Police shall either approve or deny
358	358	24 all applications within 30 days from the date they are
359	359	25 received, except as provided in subsections (b) and (c), and
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370	370	1 every applicant found qualified under Section 8 of this Act by
371	371	2 the Illinois State Police shall be entitled to a Firearm
372	372	3 Owner's Identification Card upon the payment of a $10 fee and
373	373	4 applicable processing fees. The processing fees shall be
374	374	5 limited to charges by the State Treasurer for using the
375	375	6 electronic online payment system. Any applicant who is an
376	376	7 active duty member of the Armed Forces of the United States, a
377	377	8 member of the Illinois National Guard, or a member of the
378	378	9 Reserve Forces of the United States is exempt from the
379	379	10 application fee. $5 of each fee derived from the issuance of a
380	380	11 Firearm Owner's Identification Card or renewals thereof shall
381	381	12 be deposited in the State Police Firearm Services Fund and $5
382	382	13 into the State Police Revocation Enforcement Fund.
383	383	14 (b) Renewal applications shall be approved or denied
384	384	15 within 60 business days, provided the applicant submitted his
385	385	16 or her renewal application prior to the expiration of his or
386	386	17 her Firearm Owner's Identification Card. If a renewal
387	387	18 application has been submitted prior to the expiration date of
388	388	19 the applicant's Firearm Owner's Identification Card, the
389	389	20 Firearm Owner's Identification Card shall remain valid while
390	390	21 the Illinois State Police processes the application, unless
391	391	22 the person is subject to or becomes subject to revocation
392	392	23 under this Act. The cost for a renewal application shall be $10
393	393	24 and may include applicable processing fees, which shall be
394	394	25 limited to charges by the State Treasurer for using the
395	395	26 electronic online payment system, which shall be deposited
396	396
397	397
398	398
399	399
400	400
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402	402
403	403
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405	405	HB5254 - 11 - LRB103 35740 RLC 65821 b
406	406	1 into the State Police Firearm Services Fund. A renewal shall
407	407	2 be automatically denied for any Firearm Owner's Identification
408	408	3 Card issued to an applicant who submitted an application on or
409	409	4 after the effective date of this amendatory Act of the 103rd
410	410	5 General Assembly, if the Firearm Owner's Identification Card
411	411	6 holder has failed to complete hands-on firearm safety training
412	412	7 within one year after the initial issuance of a Firearm
413	413	8 Owner's Identification Card. A revoked license for not
414	414	9 completing hands-on firearm safety training shall not be
415	415	10 grounds for a denial of a subsequent Firearm Owner's
416	416	11 Identification Card application.
417	417	12 (c) If the Firearm Owner's Identification Card of a
418	418	13 licensee under the Firearm Concealed Carry Act expires during
419	419	14 the term of the licensee's concealed carry license, the
420	420	15 Firearm Owner's Identification Card and the license remain
421	421	16 valid and the licensee does not have to renew his or her
422	422	17 Firearm Owner's Identification Card during the duration of the
423	423	18 concealed carry license. Unless the Illinois State Police has
424	424	19 reason to believe the licensee is no longer eligible for the
425	425	20 card, the Illinois State Police may automatically renew the
426	426	21 licensee's Firearm Owner's Identification Card and send a
427	427	22 renewed Firearm Owner's Identification Card to the licensee.
428	428	23 (d) The Illinois State Police may adopt rules concerning
429	429	24 the use of voluntarily submitted fingerprints, as allowed by
430	430	25 State and federal law.
431	431	26 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
432	432
433	433
434	434
435	435
436	436
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438	438
439	439
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441	441	HB5254 - 12 - LRB103 35740 RLC 65821 b
442	442	1 102-813, eff. 5-13-22.)
443	443	2 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
444	444	3 Sec. 8. Grounds for denial and revocation. The Illinois
445	445	4 State Police has authority to deny an application for or to
446	446	5 revoke and seize a Firearm Owner's Identification Card
447	447	6 previously issued under this Act only if the Illinois State
448	448	7 Police finds that the applicant or the person to whom such card
449	449	8 was issued is or was at the time of issuance:
450	450	9 (a) A person under 21 years of age who has been
451	451	10 convicted of a misdemeanor other than a traffic offense or
452	452	11 adjudged delinquent;
453	453	12 (b) This subsection (b) applies through the 180th day
454	454	13 following July 12, 2019 (the effective date of Public Act
455	455	14 101-80). A person under 21 years of age who does not have
456	456	15 the written consent of his parent or guardian to acquire
457	457	16 and possess firearms and firearm ammunition, or whose
458	458	17 parent or guardian has revoked such written consent, or
459	459	18 where such parent or guardian does not qualify to have a
460	460	19 Firearm Owner's Identification Card;
461	461	20 (b-5) This subsection (b-5) applies on and after the
462	462	21 181st day following July 12, 2019 (the effective date of
463	463	22 Public Act 101-80). A person under 21 years of age who is
464	464	23 not an active duty member of the United States Armed
465	465	24 Forces or the Illinois National Guard and does not have
466	466	25 the written consent of his or her parent or guardian to
467	467
468	468
469	469
470	470
471	471
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473	473
474	474
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476	476	HB5254 - 13 - LRB103 35740 RLC 65821 b
477	477	1 acquire and possess firearms and firearm ammunition, or
478	478	2 whose parent or guardian has revoked such written consent,
479	479	3 or where such parent or guardian does not qualify to have a
480	480	4 Firearm Owner's Identification Card;
481	481	5 (c) A person convicted of a felony under the laws of
482	482	6 this or any other jurisdiction;
483	483	7 (d) A person addicted to narcotics;
484	484	8 (e) A person who has been a patient of a mental health
485	485	9 facility within the past 5 years or a person who has been a
486	486	10 patient in a mental health facility more than 5 years ago
487	487	11 who has not received the certification required under
488	488	12 subsection (u) of this Section. An active law enforcement
489	489	13 officer employed by a unit of government or a Department
490	490	14 of Corrections employee authorized to possess firearms who
491	491	15 is denied, revoked, or has his or her Firearm Owner's
492	492	16 Identification Card seized under this subsection (e) may
493	493	17 obtain relief as described in subsection (c-5) of Section
494	494	18 10 of this Act if the officer or employee did not act in a
495	495	19 manner threatening to the officer or employee, another
496	496	20 person, or the public as determined by the treating
497	497	21 clinical psychologist or physician, and the officer or
498	498	22 employee seeks mental health treatment;
499	499	23 (f) A person whose mental condition is of such a
500	500	24 nature that it poses a clear and present danger to the
501	501	25 applicant, any other person or persons, or the community;
502	502	26 (g) A person who has an intellectual disability;
503	503
504	504
505	505
506	506
507	507
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509	509
510	510
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512	512	HB5254 - 14 - LRB103 35740 RLC 65821 b
513	513	1 (h) A person who intentionally makes a false statement
514	514	2 in the Firearm Owner's Identification Card application or
515	515	3 endorsement affidavit or who has failed to complete
516	516	4 hands-on firearm safety training by the specified date on
517	517	5 the Firearm Owner's Identification Card application;
518	518	6 (i) A noncitizen who is unlawfully present in the
519	519	7 United States under the laws of the United States;
520	520	8 (i-5) A noncitizen who has been admitted to the United
521	521	9 States under a non-immigrant visa (as that term is defined
522	522	10 in Section 101(a)(26) of the Immigration and Nationality
523	523	11 Act (8 U.S.C. 1101(a)(26))), except that this subsection
524	524	12 (i-5) does not apply to any noncitizen who has been
525	525	13 lawfully admitted to the United States under a
526	526	14 non-immigrant visa if that noncitizen is:
527	527	15 (1) admitted to the United States for lawful
528	528	16 hunting or sporting purposes;
529	529	17 (2) an official representative of a foreign
530	530	18 government who is:
531	531	19 (A) accredited to the United States Government
532	532	20 or the Government's mission to an international
533	533	21 organization having its headquarters in the United
534	534	22 States; or
535	535	23 (B) en route to or from another country to
536	536	24 which that noncitizen is accredited;
537	537	25 (3) an official of a foreign government or
538	538	26 distinguished foreign visitor who has been so
539	539
540	540
541	541
542	542
543	543
544	544	HB5254 - 14 - LRB103 35740 RLC 65821 b
545	545
546	546
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548	548	HB5254 - 15 - LRB103 35740 RLC 65821 b
549	549	1 designated by the Department of State;
550	550	2 (4) a foreign law enforcement officer of a
551	551	3 friendly foreign government entering the United States
552	552	4 on official business; or
553	553	5 (5) one who has received a waiver from the
554	554	6 Attorney General of the United States pursuant to 18
555	555	7 U.S.C. 922(y)(3);
556	556	8 (j) (Blank);
557	557	9 (k) A person who has been convicted within the past 5
558	558	10 years of battery, assault, aggravated assault, violation
559	559	11 of an order of protection, or a substantially similar
560	560	12 offense in another jurisdiction, in which a firearm was
561	561	13 used or possessed;
562	562	14 (l) A person who has been convicted of domestic
563	563	15 battery, aggravated domestic battery, or a substantially
564	564	16 similar offense in another jurisdiction committed before,
565	565	17 on or after January 1, 2012 (the effective date of Public
566	566	18 Act 97-158). If the applicant or person who has been
567	567	19 previously issued a Firearm Owner's Identification Card
568	568	20 under this Act knowingly and intelligently waives the
569	569	21 right to have an offense described in this paragraph (l)
570	570	22 tried by a jury, and by guilty plea or otherwise, results
571	571	23 in a conviction for an offense in which a domestic
572	572	24 relationship is not a required element of the offense but
573	573	25 in which a determination of the applicability of 18 U.S.C.
574	574	26 922(g)(9) is made under Section 112A-11.1 of the Code of
575	575
576	576
577	577
578	578
579	579
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581	581
582	582
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584	584	HB5254 - 16 - LRB103 35740 RLC 65821 b
585	585	1 Criminal Procedure of 1963, an entry by the court of a
586	586	2 judgment of conviction for that offense shall be grounds
587	587	3 for denying an application for and for revoking and
588	588	4 seizing a Firearm Owner's Identification Card previously
589	589	5 issued to the person under this Act;
590	590	6 (m) (Blank);
591	591	7 (n) A person who is prohibited from acquiring or
592	592	8 possessing firearms or firearm ammunition by any Illinois
593	593	9 State statute or by federal law;
594	594	10 (o) A minor subject to a petition filed under Section
595	595	11 5-520 of the Juvenile Court Act of 1987 alleging that the
596	596	12 minor is a delinquent minor for the commission of an
597	597	13 offense that if committed by an adult would be a felony;
598	598	14 (p) An adult who had been adjudicated a delinquent
599	599	15 minor under the Juvenile Court Act of 1987 for the
600	600	16 commission of an offense that if committed by an adult
601	601	17 would be a felony;
602	602	18 (q) A person who is not a resident of the State of
603	603	19 Illinois, except as provided in subsection (a-10) of
604	604	20 Section 4;
605	605	21 (r) A person who has been adjudicated as a person with
606	606	22 a mental disability;
607	607	23 (s) A person who has been found to have a
608	608	24 developmental disability;
609	609	25 (t) A person involuntarily admitted into a mental
610	610	26 health facility; or
611	611
612	612
613	613
614	614
615	615
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617	617
618	618
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620	620	HB5254 - 17 - LRB103 35740 RLC 65821 b
621	621	1 (u) A person who has had his or her Firearm Owner's
622	622	2 Identification Card revoked or denied under subsection (e)
623	623	3 of this Section or item (iv) of paragraph (2) of
624	624	4 subsection (a) of Section 4 of this Act because the
625	625	5 applicant he or she was a patient in a mental health
626	626	6 facility as provided in subsection (e) of this Section,
627	627	7 shall not be permitted to obtain a Firearm Owner's
628	628	8 Identification Card, after the 5-year period has lapsed,
629	629	9 unless the applicant he or she has received a mental
630	630	10 health evaluation by a physician, clinical psychologist,
631	631	11 or qualified examiner as those terms are defined in the
632	632	12 Mental Health and Developmental Disabilities Code, and has
633	633	13 received a certification that the applicant he or she is
634	634	14 not a clear and present danger to himself, herself, or
635	635	15 others. The physician, clinical psychologist, or qualified
636	636	16 examiner making the certification and his or her employer
637	637	17 shall not be held criminally, civilly, or professionally
638	638	18 liable for making or not making the certification required
639	639	19 under this subsection, except for willful or wanton
640	640	20 misconduct. This subsection does not apply to a person
641	641	21 whose firearm possession rights have been restored through
642	642	22 administrative or judicial action under Section 10 or 11
643	643	23 of this Act.
644	644	24 Upon revocation of a person's Firearm Owner's
645	645	25 Identification Card, the Illinois State Police shall provide
646	646	26 notice to the person and the person shall comply with Section
647	647
648	648
649	649
650	650
651	651
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653	653
654	654
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656	656	HB5254 - 18 - LRB103 35740 RLC 65821 b
657	657	1 9.5 of this Act.
658	658	2 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
659	659	3 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
660	660	4 5-27-22; 102-1116, eff. 1-10-23.)
661	661	5 (430 ILCS 65/13.4)
662	662	6 Sec. 13.4. Illinois State Police; rule making authority.
663	663	7 (a) The Illinois State Police shall by rule adopt the
664	664	8 following procedures:
665	665	9 (1) When a person who possesses a valid Firearm
666	666	10 Owner's Identification Card applies for and is approved
667	667	11 for a concealed carry license, the valid Firearm Owner's
668	668	12 Identification Card is renewed for 10 years from the time
669	669	13 of approval instead of 10 years from the date of the
670	670	14 original card.
671	671	15 (2) If a person is eligible for both a Firearm Owner's
672	672	16 Identification Card and a concealed carry license, the
673	673	17 Illinois State Police shall by rule create one card that
674	674	18 may be used as both a Firearm Owner's Identification Card
675	675	19 and a concealed carry license. A combined Firearm Owner's
676	676	20 Identification Card and concealed carry license shall be
677	677	21 considered a valid card for the purposes of this Act. If a
678	678	22 person who possesses a combined Firearm Owner's
679	679	23 Identification Card and a concealed carry license becomes
680	680	24 subject to suspension or revocation under the Firearm
681	681	25 Concealed Carry Act, but is otherwise eligible for a valid
682	682
683	683
684	684
685	685
686	686
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688	688
689	689
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691	691	HB5254 - 19 - LRB103 35740 RLC 65821 b
692	692	1 Firearm Owner's Identification Card, the Illinois State
693	693	2 Police shall ensure the person's Firearm Owner's
694	694	3 Identification Card status is not interrupted. The
695	695	4 Illinois State Police shall adopt rules to implement this
696	696	5 Section.
697	697	6 (b) The Illinois State Police shall adopt rules that
698	698	7 define "hands-on firearm safety training" including how the
699	699	8 training is conducted, how many hours is sufficient, who may
700	700	9 conduct the training, and what constitutes proof for the
701	701	10 purposes of a Firearm Owner's Identification Card application.
702	702	11 (Source: P.A. 102-237, eff. 1-1-22.)
703	703	12 Section 10. The Criminal Code of 2012 is amended by
704	704	13 changing Sections 24-3.1 and 24-3.5 as follows:
705	705	14 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
706	706	15 Sec. 24-3.1. Unlawful possession of firearms and firearm
707	707	16 ammunition.
708	708	17 (a) A person commits the offense of unlawful possession of
709	709	18 firearms or firearm ammunition when:
710	710	19 (1) He is under 18 years of age and has in his
711	711	20 possession any firearm of a size which may be concealed
712	712	21 upon the person; or
713	713	22 (2) He is under 21 years of age, has been convicted of
714	714	23 a misdemeanor other than a traffic offense or adjudged
715	715	24 delinquent and has any firearms or firearm ammunition in
716	716
717	717
718	718
719	719
720	720
721	721	HB5254 - 19 - LRB103 35740 RLC 65821 b
722	722
723	723
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725	725	HB5254 - 20 - LRB103 35740 RLC 65821 b
726	726	1 his possession; or
727	727	2 (3) He is a narcotic addict and has any firearms or
728	728	3 firearm ammunition in his possession; or
729	729	4 (4) He has been a patient in a mental institution
730	730	5 within the past 5 years and has any firearms or firearm
731	731	6 ammunition in his possession. For purposes of this
732	732	7 paragraph (4):
733	733	8 "Mental institution" means any hospital,
734	734	9 institution, clinic, evaluation facility, mental
735	735	10 health center, or part thereof, which is used
736	736	11 primarily for the care or treatment of persons with
737	737	12 mental illness.
738	738	13 "Patient in a mental institution" means the person
739	739	14 was admitted, either voluntarily or involuntarily, to
740	740	15 a mental institution for mental health treatment,
741	741	16 unless the treatment was voluntary and solely for an
742	742	17 alcohol abuse disorder and no other secondary
743	743	18 substance abuse disorder or mental illness; or
744	744	19 (5) He is a person with an intellectual disability and
745	745	20 has any firearms or firearm ammunition in his possession;
746	746	21 or
747	747	22 (6) He has in his possession any explosive bullet.
748	748	23 For purposes of this paragraph "explosive bullet" means
749	749	24 the projectile portion of an ammunition cartridge which
750	750	25 contains or carries an explosive charge which will explode
751	751	26 upon contact with the flesh of a human or an animal.
752	752
753	753
754	754
755	755
756	756
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758	758
759	759
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761	761	HB5254 - 21 - LRB103 35740 RLC 65821 b
762	762	1 "Cartridge" means a tubular metal case having a projectile
763	763	2 affixed at the front thereof and a cap or primer at the rear
764	764	3 end thereof, with the propellant contained in such tube
765	765	4 between the projectile and the cap.
766	766	5 (b) Sentence.
767	767	6 Unlawful possession of firearms, other than handguns, and
768	768	7 firearm ammunition is a Class A misdemeanor. Unlawful
769	769	8 possession of handguns is a Class 4 felony. The possession of
770	770	9 each firearm or firearm ammunition in violation of this
771	771	10 Section constitutes a single and separate violation.
772	772	11 (c) Nothing in paragraph (1) of subsection (a) of this
773	773	12 Section prohibits a person under 18 years of age from
774	774	13 participating in any lawful recreational activity with a
775	775	14 firearm such as, but not limited to, practice shooting at
776	776	15 targets upon established public or private target ranges or
777	777	16 hunting, trapping, or fishing in accordance with the Wildlife
778	778	17 Code or the Fish and Aquatic Life Code or from participating in
779	779	18 authorized hands-on firearm safety training as defined by
780	780	19 rules adopted by the Illinois State Police.
781	781	20 (Source: P.A. 99-143, eff. 7-27-15.)
782	782	21 (720 ILCS 5/24-3.5)
783	783	22 Sec. 24-3.5. Unlawful purchase of a firearm.
784	784	23 (a) For purposes of this Section, "firearms transaction
785	785	24 record form" means a form:
786	786	25 (1) executed by a transferee of a firearm stating: (i)
787	787
788	788
789	789
790	790
791	791
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793	793
794	794
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796	796	HB5254 - 22 - LRB103 35740 RLC 65821 b
797	797	1 the transferee's name and address (including county or
798	798	2 similar political subdivision); (ii) whether the
799	799	3 transferee is a citizen of the United States; (iii) the
800	800	4 transferee's State of residence; and (iv) the date and
801	801	5 place of birth, height, weight, and race of the
802	802	6 transferee; and
803	803	7 (2) on which the transferee certifies that he or she
804	804	8 is not prohibited by federal law from transporting or
805	805	9 shipping a firearm in interstate or foreign commerce or
806	806	10 receiving a firearm that has been shipped or transported
807	807	11 in interstate or foreign commerce or possessing a firearm
808	808	12 in or affecting commerce.
809	809	13 (b) A person commits the offense of unlawful purchase of a
810	810	14 firearm who knowingly purchases or attempts to purchase a
811	811	15 firearm with the intent to deliver that firearm to another
812	812	16 person who is prohibited by federal or State law from
813	813	17 possessing a firearm.
814	814	18 (c) A person commits the offense of unlawful purchase of a
815	815	19 firearm when he or she, in purchasing or attempting to
816	816	20 purchase a firearm, intentionally provides false or misleading
817	817	21 information on a United States Department of the Treasury,
818	818	22 Bureau of Alcohol, Tobacco and Firearms firearms transaction
819	819	23 record form.
820	820	24 (c-1) A person commits unlawful purchase of a firearm when
821	821	25 the person purchases a firearm before the completion of
822	822	26 hands-on firearm safety training as defined by rules adopted
823	823
824	824
825	825
826	826
827	827
828	828	HB5254 - 22 - LRB103 35740 RLC 65821 b
829	829
830	830
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832	832	HB5254 - 23 - LRB103 35740 RLC 65821 b
833	833	1 by the Illinois State Police.
834	834	2 (d) Exemption. It is not a violation of subsection (b) of
835	835	3 this Section for a person to make a gift or loan of a firearm
836	836	4 to a person who is not prohibited by federal or State law from
837	837	5 possessing a firearm if the transfer of the firearm is made in
838	838	6 accordance with Section 3 of the Firearm Owners Identification
839	839	7 Card Act.
840	840	8 (e) Sentence.
841	841	9 (1) A person who commits the offense of unlawful
842	842	10 purchase of a firearm:
843	843	11 (A) is guilty of a Class 2 felony for purchasing or
844	844	12 attempting to purchase one firearm;
845	845	13 (B) is guilty of a Class 1 felony for purchasing or
846	846	14 attempting to purchase not less than 2 firearms and
847	847	15 not more than 5 firearms at the same time or within a
848	848	16 one year period;
849	849	17 (C) is guilty of a Class X felony for which the
850	850	18 offender shall be sentenced to a term of imprisonment
851	851	19 of not less than 9 years and not more than 40 years for
852	852	20 purchasing or attempting to purchase not less than 6
853	853	21 firearms at the same time or within a 2 year period.
854	854	22 (2) In addition to any other penalty that may be
855	855	23 imposed for a violation of this Section, the court may
856	856	24 sentence a person convicted of a violation of subsection
857	857	25 (c) of this Section to a fine not to exceed $250,000 for
858	858	26 each violation.
859	859
860	860
861	861
862	862
863	863
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865	865
866	866
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869	869
870	870
871	871
872	872
873	873
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