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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||
5 | amended by changing Sections 2, 4, and 8 as follows:
| |||||||||||||||||||||||
6 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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7 | Sec. 2. Firearm Owner's Identification Card required; | |||||||||||||||||||||||
8 | exceptions.
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9 | (a) (1) No person may acquire or possess any firearm, stun | |||||||||||||||||||||||
10 | gun, or taser within this State
without having in his or her | |||||||||||||||||||||||
11 | possession a Firearm Owner's Identification Card
previously | |||||||||||||||||||||||
12 | issued in his or her name by the Illinois State Police under
| |||||||||||||||||||||||
13 | the provisions of this Act.
| |||||||||||||||||||||||
14 | (2) No person may acquire or possess firearm ammunition | |||||||||||||||||||||||
15 | within this
State without having in his or her possession a | |||||||||||||||||||||||
16 | Firearm Owner's Identification
Card previously issued in his | |||||||||||||||||||||||
17 | or her name by the Illinois State Police
under the provisions | |||||||||||||||||||||||
18 | of this Act.
| |||||||||||||||||||||||
19 | (b) The provisions of this Section regarding the | |||||||||||||||||||||||
20 | possession of firearms, firearm ammunition, stun guns, and | |||||||||||||||||||||||
21 | tasers do not apply to:
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22 | (1) United States Marshals, while engaged in the | |||||||||||||||||||||||
23 | operation of their
official duties;
|
| |||||||
| |||||||
1 | (2) Members of the Armed Forces of the United States | ||||||
2 | or the National
Guard, while engaged in the operation of | ||||||
3 | their official duties;
| ||||||
4 | (3) Federal officials required to carry firearms, | ||||||
5 | while engaged in the
operation of their official duties;
| ||||||
6 | (4) Members of bona fide veterans organizations which | ||||||
7 | receive firearms
directly from the armed forces of the | ||||||
8 | United States, while using the
firearms for ceremonial | ||||||
9 | purposes with blank ammunition;
| ||||||
10 | (5) Nonresident hunters during hunting season, with | ||||||
11 | valid nonresident
hunting licenses and while in an area | ||||||
12 | where hunting is permitted; however,
at all other times | ||||||
13 | and in all other places these persons must have their
| ||||||
14 | firearms unloaded and enclosed in a case;
| ||||||
15 | (6) Those hunters exempt from obtaining a hunting | ||||||
16 | license who are
required to submit their Firearm Owner's | ||||||
17 | Identification Card when hunting
on Department of Natural | ||||||
18 | Resources owned or managed sites;
| ||||||
19 | (7) Nonresidents while on a firing or shooting range | ||||||
20 | recognized by the
Illinois State Police; however, these | ||||||
21 | persons must at all other times
and in all other places | ||||||
22 | have their firearms unloaded and enclosed in a case;
| ||||||
23 | (8) Nonresidents while at a firearm showing or display | ||||||
24 | recognized by
the Illinois State Police; however, at all | ||||||
25 | other times and in all
other places these persons must | ||||||
26 | have their firearms unloaded and enclosed
in a case;
|
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| |||||||
1 | (9) Nonresidents whose firearms are unloaded and | ||||||
2 | enclosed in a case;
| ||||||
3 | (10) Nonresidents who are currently licensed or | ||||||
4 | registered to possess a
firearm in their resident state;
| ||||||
5 | (11) Unemancipated minors while in the custody and | ||||||
6 | immediate control of
their parent or legal guardian or | ||||||
7 | other person in loco parentis to the
minor if the parent or | ||||||
8 | legal guardian or other person in loco parentis to
the | ||||||
9 | minor has a currently valid Firearm Owner's Identification
| ||||||
10 | Card;
| ||||||
11 | (12) Color guards of bona fide veterans organizations | ||||||
12 | or members of bona
fide American Legion bands while using | ||||||
13 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
14 | (13) Nonresident hunters whose state of residence does | ||||||
15 | not require
them to be licensed or registered to possess a | ||||||
16 | firearm and only during
hunting season, with valid hunting | ||||||
17 | licenses, while accompanied by, and
using a firearm owned | ||||||
18 | by, a person who possesses a valid Firearm Owner's
| ||||||
19 | Identification Card and while in an area within a | ||||||
20 | commercial club licensed
under the Wildlife Code where | ||||||
21 | hunting is permitted and controlled, but in
no instance | ||||||
22 | upon sites owned or managed by the Department of Natural
| ||||||
23 | Resources;
| ||||||
24 | (14) Resident hunters who are properly authorized to | ||||||
25 | hunt and,
while accompanied by a person who possesses a | ||||||
26 | valid Firearm Owner's
Identification Card, hunt in an area |
| |||||||
| |||||||
1 | within a commercial club licensed
under the Wildlife Code | ||||||
2 | where hunting is permitted and controlled; and
| ||||||
3 | (15) A person who is otherwise eligible to obtain a | ||||||
4 | Firearm Owner's
Identification Card under this Act and is | ||||||
5 | under the direct supervision of a
holder of a Firearm
| ||||||
6 | Owner's Identification Card who is 18 21 years of age or | ||||||
7 | older while the person is
on a firing or shooting range
or | ||||||
8 | is a
participant in a firearms safety and training course | ||||||
9 | recognized by a law
enforcement agency or a national, | ||||||
10 | statewide shooting sports organization. | ||||||
11 | (c) The provisions of this Section regarding the | ||||||
12 | acquisition and possession
of firearms, firearm ammunition, | ||||||
13 | stun guns, and tasers do not apply to law enforcement | ||||||
14 | officials
of this or any other jurisdiction, while engaged in | ||||||
15 | the operation of their
official duties.
| ||||||
16 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
17 | subsection (a) of this Section regarding the possession of | ||||||
18 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
19 | valid concealed carry
license issued under the Firearm | ||||||
20 | Concealed Carry Act who is in physical
possession of the | ||||||
21 | concealed carry license. | ||||||
22 | (d) Any person who becomes a resident of this State, who is | ||||||
23 | not otherwise prohibited from obtaining, possessing, or using | ||||||
24 | a firearm or firearm ammunition, shall not be required to have | ||||||
25 | a Firearm Owner's Identification Card to possess firearms or | ||||||
26 | firearms ammunition until 60 calendar days after he or she |
| |||||||
| |||||||
1 | obtains an Illinois driver's license or Illinois | ||||||
2 | Identification Card. | ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
| ||||||
4 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
5 | Sec. 4. Application for Firearm Owner's Identification | ||||||
6 | Cards. | ||||||
7 | (a) Each applicant for a Firearm Owner's Identification | ||||||
8 | Card must:
| ||||||
9 | (1) Submit an application as made available by the | ||||||
10 | Illinois State Police; and
| ||||||
11 | (2) Submit evidence to the Illinois State Police that:
| ||||||
12 | (i) (Blank); This subparagraph (i) applies through | ||||||
13 | the 180th day following July 12, 2019 (the effective | ||||||
14 | date of Public Act 101-80). He or she is 21 years of | ||||||
15 | age or over, or if he or she is under 21
years of age | ||||||
16 | that he or she has the written consent of his or her | ||||||
17 | parent or
legal guardian to possess and acquire | ||||||
18 | firearms and firearm ammunition and that
he or she has | ||||||
19 | never been convicted of a misdemeanor other than a | ||||||
20 | traffic
offense or adjudged
delinquent, provided, | ||||||
21 | however, that such parent or legal guardian is not an
| ||||||
22 | individual prohibited from having a Firearm Owner's | ||||||
23 | Identification Card and
files an affidavit with the | ||||||
24 | Department as prescribed by the Department
stating | ||||||
25 | that he or she is not an individual prohibited from |
| |||||||
| |||||||
1 | having a Card; | ||||||
2 | (i-5) This subparagraph (i-5) applies on and after | ||||||
3 | the 181st day following July 12, 2019 (the effective | ||||||
4 | date of Public Act 101-80). He or she is 18 21 years of | ||||||
5 | age or over, or if he or she is under 18 21
years of | ||||||
6 | age that he or she has never been convicted of a | ||||||
7 | misdemeanor other than a traffic offense or adjudged | ||||||
8 | delinquent and is an active duty member of the United | ||||||
9 | States Armed Forces or the Illinois National Guard or | ||||||
10 | has the written consent of his or her parent or
legal | ||||||
11 | guardian to possess and acquire firearms and firearm | ||||||
12 | ammunition, provided, however, that such parent or | ||||||
13 | legal guardian is not an
individual prohibited from | ||||||
14 | having a Firearm Owner's Identification Card and
files | ||||||
15 | an affidavit with the Illinois State Police as | ||||||
16 | prescribed by the Illinois State Police
stating that | ||||||
17 | he or she is not an individual prohibited from having a | ||||||
18 | Card or the active duty member of the United States | ||||||
19 | Armed Forces or the Illinois National Guard under 21 | ||||||
20 | years of age annually submits proof to the Illinois | ||||||
21 | State Police, in a manner prescribed by the Illinois | ||||||
22 | State Police ;
| ||||||
23 | (ii) He or she has not been convicted of a felony | ||||||
24 | under the laws of
this or any other jurisdiction;
| ||||||
25 | (iii) He or she is not addicted to narcotics;
| ||||||
26 | (iv) He or she has not been a patient in a mental |
| |||||||
| |||||||
1 | health facility within
the past 5 years or, if he or | ||||||
2 | she has been a patient in a mental health facility more | ||||||
3 | than 5 years ago submit the certification required | ||||||
4 | under subsection (u) of Section 8 of this Act;
| ||||||
5 | (v) He or she is not a person with an intellectual | ||||||
6 | disability;
| ||||||
7 | (vi) He or she is not a noncitizen who is | ||||||
8 | unlawfully present in the
United States under the laws | ||||||
9 | of the United States;
| ||||||
10 | (vii) He or she is not subject to an existing order | ||||||
11 | of protection
prohibiting him or her from possessing a | ||||||
12 | firearm;
| ||||||
13 | (viii) He or she has not been convicted within the | ||||||
14 | past 5 years of
battery, assault, aggravated assault, | ||||||
15 | violation of an order of
protection, or a | ||||||
16 | substantially similar offense in another jurisdiction, | ||||||
17 | in
which a firearm was used or possessed;
| ||||||
18 | (ix) He or she has not been convicted of domestic | ||||||
19 | battery, aggravated domestic battery, or a
| ||||||
20 | substantially similar offense in another
jurisdiction | ||||||
21 | committed before, on or after January 1, 2012 (the | ||||||
22 | effective date of Public Act 97-158). If the applicant | ||||||
23 | knowingly and intelligently waives the right to have | ||||||
24 | an offense described in this clause (ix) tried by a | ||||||
25 | jury, and by guilty plea or otherwise, results in a | ||||||
26 | conviction for an offense in which a domestic |
| |||||||
| |||||||
1 | relationship is not a required element of the offense | ||||||
2 | but in which a determination of the applicability of | ||||||
3 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
4 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
5 | court of a judgment of conviction for that offense | ||||||
6 | shall be grounds for denying the issuance of a Firearm | ||||||
7 | Owner's Identification Card under this Section;
| ||||||
8 | (x) (Blank);
| ||||||
9 | (xi) He or she is not a noncitizen who has been | ||||||
10 | admitted to the United
States under a non-immigrant | ||||||
11 | visa (as that term is defined in Section
101(a)(26) of | ||||||
12 | the Immigration and Nationality Act (8 U.S.C. | ||||||
13 | 1101(a)(26))),
or that he or she is a noncitizen who | ||||||
14 | has been lawfully admitted to the United
States under | ||||||
15 | a non-immigrant visa if that noncitizen is:
| ||||||
16 | (1) admitted to the United States for lawful | ||||||
17 | hunting or sporting
purposes;
| ||||||
18 | (2) an official representative of a foreign | ||||||
19 | government who is:
| ||||||
20 | (A) accredited to the United States | ||||||
21 | Government or the Government's
mission to an | ||||||
22 | international organization having its | ||||||
23 | headquarters in the United
States; or
| ||||||
24 | (B) en route to or from another country to | ||||||
25 | which that noncitizen is
accredited;
| ||||||
26 | (3) an official of a foreign government or |
| |||||||
| |||||||
1 | distinguished foreign
visitor who has been so | ||||||
2 | designated by the Department of State;
| ||||||
3 | (4) a foreign law enforcement officer of a | ||||||
4 | friendly foreign
government entering the United | ||||||
5 | States on official business; or
| ||||||
6 | (5) one who has received a waiver from the | ||||||
7 | Attorney General of the
United States pursuant to | ||||||
8 | 18 U.S.C. 922(y)(3);
| ||||||
9 | (xii) He or she is not a minor subject to a | ||||||
10 | petition filed
under Section 5-520 of the Juvenile | ||||||
11 | Court Act of 1987 alleging that the
minor is a | ||||||
12 | delinquent minor for the commission of an offense that | ||||||
13 | if
committed by an adult would be a felony;
| ||||||
14 | (xiii) He or she is not an adult who had been | ||||||
15 | adjudicated a delinquent
minor under the Juvenile | ||||||
16 | Court Act of 1987 for the commission of an offense
that | ||||||
17 | if committed by an adult would be a felony;
| ||||||
18 | (xiv) He or she is a resident of the State of | ||||||
19 | Illinois; | ||||||
20 | (xv) He or she has not been adjudicated as a person | ||||||
21 | with a mental disability; | ||||||
22 | (xvi) He or she has not been involuntarily | ||||||
23 | admitted into a mental health facility; and | ||||||
24 | (xvii) He or she is not a person with a | ||||||
25 | developmental disability; and | ||||||
26 | (3) Upon request by the Illinois State Police, sign a |
| |||||||
| |||||||
1 | release on a
form prescribed by the Illinois State Police | ||||||
2 | waiving any right to
confidentiality and requesting the | ||||||
3 | disclosure to the Illinois State Police
of limited mental | ||||||
4 | health institution admission information from another | ||||||
5 | state,
the District of Columbia, any other territory of | ||||||
6 | the United States, or a
foreign nation concerning the | ||||||
7 | applicant for the sole purpose of determining
whether the | ||||||
8 | applicant is or was a patient in a mental health | ||||||
9 | institution and
disqualified because of that status from | ||||||
10 | receiving a Firearm Owner's
Identification Card. No mental | ||||||
11 | health care or treatment records may be
requested. The | ||||||
12 | information received shall be destroyed within one year of
| ||||||
13 | receipt.
| ||||||
14 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
15 | Card who is over
the age of 18 shall furnish to the Illinois | ||||||
16 | State Police either his or
her Illinois driver's license | ||||||
17 | number or Illinois Identification Card number, except as
| ||||||
18 | provided in subsection (a-10).
| ||||||
19 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
20 | Card,
who is employed as a law enforcement officer, an armed | ||||||
21 | security officer in Illinois, or by the United States Military
| ||||||
22 | permanently assigned in Illinois and who is not an Illinois | ||||||
23 | resident, shall furnish to
the Illinois State Police his or | ||||||
24 | her driver's license number or state
identification card | ||||||
25 | number from his or her state of residence. The Illinois State | ||||||
26 | Police may adopt rules to enforce the provisions of this
|
| |||||||
| |||||||
1 | subsection (a-10).
| ||||||
2 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
3 | Identification Card moves from the residence address named in | ||||||
4 | the application, he or she shall immediately notify in a form | ||||||
5 | and manner prescribed by the Illinois State Police of that | ||||||
6 | change of address. | ||||||
7 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
8 | Card shall furnish to the Illinois State Police his or her | ||||||
9 | photograph. An applicant who is 18 21 years of age or older | ||||||
10 | seeking a religious exemption to the photograph requirement | ||||||
11 | must furnish with the application an approved copy of United | ||||||
12 | States Department of the Treasury Internal Revenue Service | ||||||
13 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
14 | age seeking a religious exemption to the photograph | ||||||
15 | requirement shall submit fingerprints on a form and manner | ||||||
16 | prescribed by the Illinois State Police with his or her | ||||||
17 | application. | ||||||
18 | (a-25) Beginning January 1, 2023, each applicant for the | ||||||
19 | issuance of a Firearm Owner's Identification Card may include | ||||||
20 | a full set of his or her fingerprints in electronic format to | ||||||
21 | the Illinois State Police, unless the applicant has previously | ||||||
22 | provided a full set of his or her fingerprints to the Illinois | ||||||
23 | State Police under this Act or the Firearm Concealed Carry | ||||||
24 | Act. | ||||||
25 | The fingerprints must be transmitted through a live scan | ||||||
26 | fingerprint vendor licensed by the Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation. The fingerprints shall be checked | ||||||
2 | against the fingerprint records now and hereafter filed in the | ||||||
3 | Illinois State Police and Federal Bureau of Investigation | ||||||
4 | criminal history records databases, including all available | ||||||
5 | State and local criminal history record information files. | ||||||
6 | The Illinois State Police shall charge applicants a | ||||||
7 | one-time fee for conducting the criminal history record check, | ||||||
8 | which shall be deposited into the State Police Services Fund | ||||||
9 | and shall not exceed the actual cost of the State and national | ||||||
10 | criminal history record check. | ||||||
11 | (a-26) The Illinois State Police shall research, explore, | ||||||
12 | and report to the General Assembly by January 1, 2022 on the | ||||||
13 | feasibility of permitting voluntarily submitted fingerprints | ||||||
14 | obtained for purposes other than Firearm Owner's | ||||||
15 | Identification Card enforcement that are contained in the | ||||||
16 | Illinois State Police database for purposes of this Act. | ||||||
17 | (b) Each application form shall include the following | ||||||
18 | statement printed in
bold type: "Warning: Entering false | ||||||
19 | information on an application for a Firearm
Owner's | ||||||
20 | Identification Card is punishable as a Class 2 felony in | ||||||
21 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
22 | Owners Identification Card
Act.".
| ||||||
23 | (c) Upon such written consent, pursuant to Section 4, | ||||||
24 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
25 | consent shall be liable for any
damages resulting from the | ||||||
26 | applicant's use of firearms or firearm ammunition.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
2 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
3 | 5-27-22; 102-1116, eff. 1-10-23.)
| ||||||
4 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
5 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
6 | State Police has authority to deny an
application for or to | ||||||
7 | revoke and seize a Firearm Owner's Identification
Card | ||||||
8 | previously issued under this Act only if the Illinois State | ||||||
9 | Police finds that the
applicant or the person to whom such card | ||||||
10 | was issued is or was at the time
of issuance:
| ||||||
11 | (a) A person under 21 years of age who has been | ||||||
12 | convicted of a
misdemeanor other than a traffic offense or | ||||||
13 | adjudged delinquent;
| ||||||
14 | (b) (Blank). This subsection (b) applies through the | ||||||
15 | 180th day following July 12, 2019 (the effective date of | ||||||
16 | Public Act 101-80). A person under 21 years of age who does | ||||||
17 | not have the written consent
of his parent or guardian to | ||||||
18 | acquire and possess firearms and firearm
ammunition, or | ||||||
19 | whose parent or guardian has revoked such written consent,
| ||||||
20 | or where such parent or guardian does not qualify to have a | ||||||
21 | Firearm Owner's
Identification Card; | ||||||
22 | (b-5) This subsection (b-5) applies on and after the | ||||||
23 | 181st day following July 12, 2019 (the effective date of | ||||||
24 | Public Act 101-80). A person under 18 21 years of age who | ||||||
25 | is not an active duty member of the United States Armed |
| |||||||
| |||||||
1 | Forces or the Illinois National Guard and does not have | ||||||
2 | the written consent
of his or her parent or guardian to | ||||||
3 | acquire and possess firearms and firearm
ammunition, or | ||||||
4 | whose parent or guardian has revoked such written consent,
| ||||||
5 | or where such parent or guardian does not qualify to have a | ||||||
6 | Firearm Owner's
Identification Card;
| ||||||
7 | (c) A person convicted of a felony under the laws of | ||||||
8 | this or any other
jurisdiction;
| ||||||
9 | (d) A person addicted to narcotics;
| ||||||
10 | (e) A person who has been a patient of a mental health | ||||||
11 | facility within the
past 5 years or a person who has been a | ||||||
12 | patient in a mental health facility more than 5 years ago | ||||||
13 | who has not received the certification required under | ||||||
14 | subsection (u) of this Section. An active law enforcement | ||||||
15 | officer employed by a unit of government or a Department | ||||||
16 | of Corrections employee authorized to possess firearms who | ||||||
17 | is denied, revoked, or has his or her Firearm Owner's | ||||||
18 | Identification Card seized under this subsection (e) may | ||||||
19 | obtain relief as described in subsection (c-5) of Section | ||||||
20 | 10 of this Act if the officer or employee did not act in a | ||||||
21 | manner threatening to the officer or employee, another | ||||||
22 | person, or the public as determined by the treating | ||||||
23 | clinical psychologist or physician, and the officer or | ||||||
24 | employee seeks mental health treatment;
| ||||||
25 | (f) A person whose mental condition is of such a | ||||||
26 | nature that it poses
a clear and present danger to the |
| |||||||
| |||||||
1 | applicant, any other person or persons, or
the community;
| ||||||
2 | (g) A person who has an intellectual disability;
| ||||||
3 | (h) A person who intentionally makes a false statement | ||||||
4 | in the Firearm
Owner's Identification Card application or | ||||||
5 | endorsement affidavit;
| ||||||
6 | (i) A noncitizen who is unlawfully present in
the | ||||||
7 | United States under the laws of the United States;
| ||||||
8 | (i-5) A noncitizen who has been admitted to the United | ||||||
9 | States under a
non-immigrant visa (as that term is defined | ||||||
10 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
11 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
12 | (i-5) does not apply to any noncitizen who has been | ||||||
13 | lawfully admitted to
the United States under a | ||||||
14 | non-immigrant visa if that noncitizen is:
| ||||||
15 | (1) admitted to the United States for lawful | ||||||
16 | hunting or sporting purposes;
| ||||||
17 | (2) an official representative of a foreign | ||||||
18 | government who is:
| ||||||
19 | (A) accredited to the United States Government | ||||||
20 | or the Government's
mission to an international | ||||||
21 | organization having its headquarters in the United
| ||||||
22 | States; or
| ||||||
23 | (B) en route to or from another country to | ||||||
24 | which that noncitizen is
accredited;
| ||||||
25 | (3) an official of a foreign government or | ||||||
26 | distinguished foreign visitor
who has been so |
| |||||||
| |||||||
1 | designated by the Department of State;
| ||||||
2 | (4) a foreign law enforcement officer of a | ||||||
3 | friendly foreign government
entering the United States | ||||||
4 | on official business; or
| ||||||
5 | (5) one who has received a waiver from the | ||||||
6 | Attorney General of the United
States pursuant to 18 | ||||||
7 | U.S.C. 922(y)(3);
| ||||||
8 | (j) (Blank);
| ||||||
9 | (k) A person who has been convicted within the past 5 | ||||||
10 | years of battery,
assault, aggravated assault, violation | ||||||
11 | of an order of protection, or a
substantially similar | ||||||
12 | offense in another jurisdiction, in which a firearm was
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13 | used or possessed;
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14 | (l) A person who has been convicted of domestic | ||||||
15 | battery, aggravated domestic battery, or a substantially
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16 | similar offense in another jurisdiction committed before, | ||||||
17 | on or after January 1, 2012 (the effective date of Public | ||||||
18 | Act 97-158). If the applicant or person who has been | ||||||
19 | previously issued a Firearm Owner's Identification Card | ||||||
20 | under this Act knowingly and intelligently waives the | ||||||
21 | right to have an offense described in this paragraph (l) | ||||||
22 | tried by a jury, and by guilty plea or otherwise, results | ||||||
23 | in a conviction for an offense in which a domestic | ||||||
24 | relationship is not a required element of the offense but | ||||||
25 | in which a determination of the applicability of 18 U.S.C. | ||||||
26 | 922(g)(9) is made under Section 112A-11.1 of the Code of |
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1 | Criminal Procedure of 1963, an entry by the court of a | ||||||
2 | judgment of conviction for that offense shall be grounds | ||||||
3 | for denying an application for and for revoking and | ||||||
4 | seizing a Firearm Owner's Identification Card previously | ||||||
5 | issued to the person under this Act;
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6 | (m) (Blank);
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7 | (n) A person who is prohibited from acquiring or | ||||||
8 | possessing
firearms or firearm ammunition by any Illinois | ||||||
9 | State statute or by federal
law;
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10 | (o) A minor subject to a petition filed under Section | ||||||
11 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
12 | minor is a delinquent minor for
the commission of an | ||||||
13 | offense that if committed by an adult would be a felony;
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14 | (p) An adult who had been adjudicated a delinquent | ||||||
15 | minor under the Juvenile
Court Act of 1987 for the | ||||||
16 | commission of an offense that if committed by an
adult | ||||||
17 | would be a felony;
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18 | (q) A person who is not a resident of the State of | ||||||
19 | Illinois, except as provided in subsection (a-10) of | ||||||
20 | Section 4; | ||||||
21 | (r) A person who has been adjudicated as a person with | ||||||
22 | a mental disability; | ||||||
23 | (s) A person who has been found to have a | ||||||
24 | developmental disability; | ||||||
25 | (t) A person involuntarily admitted into a mental | ||||||
26 | health facility; or |
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1 | (u) A person who has had his or her Firearm Owner's | ||||||
2 | Identification Card revoked or denied under subsection (e) | ||||||
3 | of this Section or item (iv) of paragraph (2) of | ||||||
4 | subsection (a) of Section 4 of this Act because he or she | ||||||
5 | was a patient in a mental health facility as provided in | ||||||
6 | subsection (e) of this Section, shall not be permitted to | ||||||
7 | obtain a Firearm Owner's Identification Card, after the | ||||||
8 | 5-year period has lapsed, unless he or she has received a | ||||||
9 | mental health evaluation by a physician, clinical | ||||||
10 | psychologist, or qualified examiner as those terms are | ||||||
11 | defined in the Mental Health and Developmental | ||||||
12 | Disabilities Code, and has received a certification that | ||||||
13 | he or she is not a clear and present danger to himself, | ||||||
14 | herself, or others. The physician, clinical psychologist, | ||||||
15 | or qualified examiner making the certification and his or | ||||||
16 | her employer shall not be held criminally, civilly, or | ||||||
17 | professionally liable for making or not making the | ||||||
18 | certification required under this subsection, except for | ||||||
19 | willful or wanton misconduct. This subsection does not | ||||||
20 | apply to a person whose firearm possession rights have | ||||||
21 | been restored through administrative or judicial action | ||||||
22 | under Section 10 or 11 of this Act. | ||||||
23 | Upon revocation of a person's Firearm Owner's | ||||||
24 | Identification Card, the Illinois State Police shall provide | ||||||
25 | notice to the person and the person shall comply with Section | ||||||
26 | 9.5 of this Act. |
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1 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
2 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
3 | 5-27-22; 102-1116, eff. 1-10-23.)
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