Rep. Robert S. Molaro
Filed: 5/28/2008
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1 | AMENDMENT TO HOUSE BILL 2760
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2 | AMENDMENT NO. ______. Amend House Bill 2760 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 | (Text of Section before amendment by P.A. 95-581 )
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8 | Sec. 8. The Department of State Police has authority to | ||||||
9 | deny an
application for or to revoke and seize a Firearm | ||||||
10 | Owner's Identification
Card previously issued under this Act | ||||||
11 | only if the Department finds that the
applicant or the person | ||||||
12 | to whom such card was issued is or was at the time
of issuance:
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13 | (a) A person under 21 years of age who has been convicted | ||||||
14 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
15 | delinquent;
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16 | (b) A person under 21 years of age who does not have the |
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1 | written consent
of his parent or guardian to acquire and | ||||||
2 | possess firearms and firearm
ammunition, or whose parent or | ||||||
3 | guardian has revoked such written consent,
or where such parent | ||||||
4 | or guardian does not qualify to have a Firearm Owner's
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5 | Identification Card;
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6 | (c) A person convicted of a felony under the laws of this | ||||||
7 | or any other
jurisdiction;
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8 | (d) A person addicted to narcotics;
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9 | (e) A person who has been a patient of a mental institution | ||||||
10 | within the
past 5 years;
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11 | (f) A person whose mental condition is of such a nature | ||||||
12 | that it poses
a clear and present danger to the applicant, any | ||||||
13 | other person or persons or
the community;
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14 | For the purposes of this Section, "mental condition" means | ||||||
15 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
16 | assaultive behavior.
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17 | (g) A person who is mentally retarded;
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18 | (h) A person who intentionally makes a false statement in | ||||||
19 | the Firearm
Owner's Identification Card application;
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20 | (i) An alien who is unlawfully present in
the United States | ||||||
21 | under the laws of the United States;
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22 | (i-5) An alien who has been admitted to the United States | ||||||
23 | under a
non-immigrant visa (as that term is defined in Section | ||||||
24 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
25 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
26 | to any alien who has been lawfully admitted to
the United |
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1 | States under a non-immigrant visa if that alien is:
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2 | (1) admitted to the United States for lawful hunting or | ||||||
3 | sporting purposes;
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4 | (2) an official representative of a foreign government | ||||||
5 | who is:
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6 | (A) accredited to the United States Government or | ||||||
7 | the Government's
mission to an international | ||||||
8 | organization having its headquarters in the United
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9 | States; or
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10 | (B) en route to or from another country to which | ||||||
11 | that alien is
accredited;
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12 | (3) an official of a foreign government or | ||||||
13 | distinguished foreign visitor
who has been so designated by | ||||||
14 | the Department of State;
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15 | (4) a foreign law enforcement officer of a friendly | ||||||
16 | foreign government
entering the United States on official | ||||||
17 | business; or
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18 | (5) one who has received a waiver from the Attorney | ||||||
19 | General of the United
States pursuant to 18 U.S.C. | ||||||
20 | 922(y)(3);
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21 | (j) A person who is subject to an existing order of | ||||||
22 | protection prohibiting
him or her from possessing a firearm;
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23 | (k) A person who has been convicted within the past 5 years | ||||||
24 | of battery,
assault, aggravated assault, violation of an order | ||||||
25 | of protection, or a
substantially similar offense in another | ||||||
26 | jurisdiction, in which a firearm was
used or possessed;
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1 | (l) A person who has been convicted of domestic battery or | ||||||
2 | a substantially
similar offense in another jurisdiction | ||||||
3 | committed on or after January 1,
1998;
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4 | (m) A person who has been convicted within the past 5 years | ||||||
5 | of domestic
battery or a substantially similar offense in | ||||||
6 | another jurisdiction committed
before January 1, 1998;
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7 | (n) A person who is prohibited from acquiring or possessing
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8 | firearms or firearm ammunition by any Illinois State statute or | ||||||
9 | by federal
law;
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10 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
11 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
12 | delinquent minor for
the commission of an offense that if | ||||||
13 | committed by an adult would be a felony;
or
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14 | (p) An adult who had been adjudicated a delinquent minor | ||||||
15 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
16 | offense that if committed by an
adult would be a felony.
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17 | The Department of State Police may revoke and seize a | ||||||
18 | Firearm Owner's Identification
Card previously issued under | ||||||
19 | this Act of a person who fails to report the loss or theft of a | ||||||
20 | handgun a second time to the Department within 72 hours after | ||||||
21 | obtaining knowledge of the second loss or theft.
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22 | (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04 .)
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23 | (Text of Section after amendment by P.A. 95-581 )
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24 | Sec. 8. The Department of State Police has authority to | ||||||
25 | deny an
application for or to revoke and seize a Firearm |
| |||||||
| |||||||
1 | Owner's Identification
Card previously issued under this Act | ||||||
2 | only if the Department finds that the
applicant or the person | ||||||
3 | to whom such card was issued is or was at the time
of issuance:
| ||||||
4 | (a) A person under 21 years of age who has been convicted | ||||||
5 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
6 | delinquent;
| ||||||
7 | (b) A person under 21 years of age who does not have the | ||||||
8 | written consent
of his parent or guardian to acquire and | ||||||
9 | possess firearms and firearm
ammunition, or whose parent or | ||||||
10 | guardian has revoked such written consent,
or where such parent | ||||||
11 | or guardian does not qualify to have a Firearm Owner's
| ||||||
12 | Identification Card;
| ||||||
13 | (c) A person convicted of a felony under the laws of this | ||||||
14 | or any other
jurisdiction;
| ||||||
15 | (d) A person addicted to narcotics;
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16 | (e) A person who has been a patient of a mental institution | ||||||
17 | within the
past 5 years or has been adjudicated as a mental | ||||||
18 | defective;
| ||||||
19 | (f) A person whose mental condition is of such a nature | ||||||
20 | that it poses
a clear and present danger to the applicant, any | ||||||
21 | other person or persons or
the community;
| ||||||
22 | For the purposes of this Section, "mental condition" means | ||||||
23 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
24 | assaultive behavior.
| ||||||
25 | (g) A person who is mentally retarded;
| ||||||
26 | (h) A person who intentionally makes a false statement in |
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1 | the Firearm
Owner's Identification Card application;
| ||||||
2 | (i) An alien who is unlawfully present in
the United States | ||||||
3 | under the laws of the United States;
| ||||||
4 | (i-5) An alien who has been admitted to the United States | ||||||
5 | under a
non-immigrant visa (as that term is defined in Section | ||||||
6 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
7 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
8 | to any alien who has been lawfully admitted to
the United | ||||||
9 | States under a non-immigrant visa if that alien is:
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10 | (1) admitted to the United States for lawful hunting or | ||||||
11 | sporting purposes;
| ||||||
12 | (2) an official representative of a foreign government | ||||||
13 | who is:
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14 | (A) accredited to the United States Government or | ||||||
15 | the Government's
mission to an international | ||||||
16 | organization having its headquarters in the United
| ||||||
17 | States; or
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18 | (B) en route to or from another country to which | ||||||
19 | that alien is
accredited;
| ||||||
20 | (3) an official of a foreign government or | ||||||
21 | distinguished foreign visitor
who has been so designated by | ||||||
22 | the Department of State;
| ||||||
23 | (4) a foreign law enforcement officer of a friendly | ||||||
24 | foreign government
entering the United States on official | ||||||
25 | business; or
| ||||||
26 | (5) one who has received a waiver from the Attorney |
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| |||||||
1 | General of the United
States pursuant to 18 U.S.C. | ||||||
2 | 922(y)(3);
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3 | (j) A person who is subject to an existing order of | ||||||
4 | protection prohibiting
him or her from possessing a firearm;
| ||||||
5 | (k) A person who has been convicted within the past 5 years | ||||||
6 | of battery,
assault, aggravated assault, violation of an order | ||||||
7 | of protection, or a
substantially similar offense in another | ||||||
8 | jurisdiction, in which a firearm was
used or possessed;
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9 | (l) A person who has been convicted of domestic battery or | ||||||
10 | a substantially
similar offense in another jurisdiction | ||||||
11 | committed on or after January 1,
1998;
| ||||||
12 | (m) A person who has been convicted within the past 5 years | ||||||
13 | of domestic
battery or a substantially similar offense in | ||||||
14 | another jurisdiction committed
before January 1, 1998;
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15 | (n) A person who is prohibited from acquiring or possessing
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16 | firearms or firearm ammunition by any Illinois State statute or | ||||||
17 | by federal
law;
| ||||||
18 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
19 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
20 | delinquent minor for
the commission of an offense that if | ||||||
21 | committed by an adult would be a felony;
or
| ||||||
22 | (p) An adult who had been adjudicated a delinquent minor | ||||||
23 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
24 | offense that if committed by an
adult would be a felony.
| ||||||
25 | The Department of State Police may revoke and seize a | ||||||
26 | Firearm Owner's Identification
Card previously issued under |
| |||||||
| |||||||
1 | this Act of a person who fails to report the loss or theft of a | ||||||
2 | handgun a second time to the Department within 72 hours after | ||||||
3 | obtaining knowledge of the second loss or theft.
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4 | (Source: P.A. 95-581, eff. 6-1-08.)
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5 | Section 10. The Criminal Code of 1961 is amended by adding | ||||||
6 | Section 24-4.1 as follows: | ||||||
7 | (720 ILCS 5/24-4.1 new)
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8 | Sec. 24-4.1. Report of lost or stolen handguns.
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9 | (a) If a person who possesses a valid Firearm Owner's | ||||||
10 | Identification Card and who possesses or acquires a handgun | ||||||
11 | thereafter loses or misplaces the handgun, or if the handgun is | ||||||
12 | stolen from the person, the person must report the loss or | ||||||
13 | theft to the Department of State Police within 72 hours after | ||||||
14 | obtaining knowledge of the loss or theft. | ||||||
15 | (b) Sentence. A person who violates this Section is guilty | ||||||
16 | of a petty offense for a first violation. A second or | ||||||
17 | subsequent violation of this Section is a Class A misdemeanor.
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18 | Section 95. No acceleration or delay. Where this Act makes | ||||||
19 | changes in a statute that is represented in this Act by text | ||||||
20 | that is not yet or no longer in effect (for example, a Section | ||||||
21 | represented by multiple versions), the use of that text does | ||||||
22 | not accelerate or delay the taking effect of (i) the changes | ||||||
23 | made by this Act or (ii) provisions derived from any other |
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1 | Public Act.
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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