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1 | AN ACT concerning criminal law.
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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 Section 8 as follows:
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6 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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7 | Sec. 8. The Department of State Police has authority to | ||||||
8 | deny an
application for or to revoke and seize a Firearm | ||||||
9 | Owner's Identification
Card previously issued under this Act | ||||||
10 | only if the Department finds that the
applicant or the person | ||||||
11 | to whom such card was issued is or was at the time
of issuance:
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12 | (a) A person under 21 years of age who has been convicted | ||||||
13 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
14 | delinquent;
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15 | (b) A person under 21 years of age who does not have the | ||||||
16 | written consent
of his parent or guardian to acquire and | ||||||
17 | possess firearms and firearm
ammunition, or whose parent or | ||||||
18 | guardian has revoked such written consent,
or where such parent | ||||||
19 | or guardian does not qualify to have a Firearm Owner's
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20 | Identification Card;
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21 | (c) A person convicted of a felony under the laws of this | ||||||
22 | or any other
jurisdiction;
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23 | (d) A person addicted to narcotics;
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1 | (e) A person who has been a patient of a mental institution | ||||||
2 | within the
past 5 years;
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3 | (f) A person whose mental condition is of such a nature | ||||||
4 | that it poses
a clear and present danger to the applicant, any | ||||||
5 | other person or persons or
the community;
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6 | For the purposes of this Section, "mental condition" means | ||||||
7 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
8 | assaultive behavior.
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9 | (g) A person who is mentally retarded;
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10 | (h) A person who intentionally makes a false statement in | ||||||
11 | the Firearm
Owner's Identification Card application;
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12 | (i) An alien who is unlawfully present in
the United States | ||||||
13 | under the laws of the United States;
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14 | (i-5) An alien who has been admitted to the United States | ||||||
15 | under a
non-immigrant visa (as that term is defined in Section | ||||||
16 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
17 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
18 | to any alien who has been lawfully admitted to
the United | ||||||
19 | States under a non-immigrant visa if that alien is:
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20 | (1) admitted to the United States for lawful hunting or | ||||||
21 | sporting purposes;
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22 | (2) an official representative of a foreign government | ||||||
23 | who is:
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24 | (A) accredited to the United States Government or | ||||||
25 | the Government's
mission to an international | ||||||
26 | organization having its headquarters in the United
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1 | States; or
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2 | (B) en route to or from another country to which | ||||||
3 | that alien is
accredited;
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4 | (3) an official of a foreign government or | ||||||
5 | distinguished foreign visitor
who has been so designated by | ||||||
6 | the Department of State;
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7 | (4) a foreign law enforcement officer of a friendly | ||||||
8 | foreign government
entering the United States on official | ||||||
9 | business; or
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10 | (5) one who has received a waiver from the Attorney | ||||||
11 | General of the United
States pursuant to 18 U.S.C. | ||||||
12 | 922(y)(3);
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13 | (j) A person who is subject to an existing order of | ||||||
14 | protection prohibiting
him or her from possessing a firearm;
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15 | (k) A person who has been convicted within the past 5 years | ||||||
16 | of battery,
assault, aggravated assault, violation of an order | ||||||
17 | of protection, or a
substantially similar offense in another | ||||||
18 | jurisdiction, in which a firearm was
used or possessed;
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19 | (l) A person who has been convicted of domestic battery or | ||||||
20 | a substantially
similar offense in another jurisdiction | ||||||
21 | committed on or after January 1,
1998;
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22 | (m) A person who has been convicted within the past 5 years | ||||||
23 | of domestic
battery or a substantially similar offense in | ||||||
24 | another jurisdiction committed
before January 1, 1998;
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25 | (n) A person who is prohibited from acquiring or possessing
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26 | firearms or firearm ammunition by any Illinois State statute or |
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1 | by federal
law;
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2 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
3 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
4 | delinquent minor for
the commission of an offense that if | ||||||
5 | committed by an adult would be a felony;
or
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6 | (p) An adult who had been adjudicated a delinquent minor | ||||||
7 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
8 | offense that if committed by an
adult would be a felony. | ||||||
9 | The Department of State Police may revoke and seize a | ||||||
10 | Firearm Owner's Identification
Card previously issued under | ||||||
11 | this Act of a person who fails to report the loss or theft of a | ||||||
12 | firearm to the local law enforcement agency within 72 hours | ||||||
13 | after obtaining knowledge of the loss or theft. For the | ||||||
14 | purposes of this Section, "local law enforcement agency" means | ||||||
15 | the office of the county sheriff of the county where the owner | ||||||
16 | of the lost or stolen firearm resides or the municipal police | ||||||
17 | department of the municipality where the owner of the lost or | ||||||
18 | stolen firearm resides.
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19 | (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04 .)
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20 | Section 10. The Criminal Code of 1961 is amended by adding | ||||||
21 | Section 24-4.1 as follows: | ||||||
22 | (720 ILCS 5/24-4.1 new)
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23 | Sec. 24-4.1. Report of lost or stolen firearms.
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24 | (a) If a person who possesses a valid Firearm Owner's |
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1 | Identification Card and who possesses or acquires a firearm | ||||||
2 | thereafter loses or misplaces the firearm, or if the firearm is | ||||||
3 | stolen from the person, the person must report the loss or | ||||||
4 | theft to the local law enforcement agency within 72 hours after | ||||||
5 | obtaining knowledge of the loss or theft. For the purposes of | ||||||
6 | this Section, "local law enforcement agency" means the office | ||||||
7 | of the county sheriff of the county where the owner of the lost | ||||||
8 | or stolen firearm resides or the municipal police department of | ||||||
9 | the municipality where the owner of the lost or stolen firearm | ||||||
10 | resides. | ||||||
11 | (b) Sentence. A person who violates this Section is guilty | ||||||
12 | of a petty offense for a first violation. A second or | ||||||
13 | subsequent violation of this Section is a Class A misdemeanor.
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