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1 | AN ACT concerning firearms.
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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 | (Text of Section after 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 | ||||||
17 | written consent
of his parent or guardian to acquire and | ||||||
18 | possess firearms and firearm
ammunition, or whose parent or | ||||||
19 | guardian has revoked such written consent,
or where such parent | ||||||
20 | or guardian does not qualify to have a Firearm Owner's
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21 | Identification Card;
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22 | (b-5) A parent or guardian of a person under 21 years of | ||||||
23 | age who is unable to prevent his or her child under 21 years of |
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1 | age from gaining access to a firearm or ammunition, or both, | ||||||
2 | when (1) the child upon 2 occasions has had possession of his | ||||||
3 | or her parent or guardian's firearm or ammunition, or both, | ||||||
4 | without the parent or guardian's permission as evidenced | ||||||
5 | through documentation in any arrest record, Department of | ||||||
6 | Children and Family Services investigation, school record, | ||||||
7 | juvenile court record, or other public record, and (2) the | ||||||
8 | child met the criteria for severe or major mood disorder or | ||||||
9 | severe conduct disorder (evidenced by behavior such as forced | ||||||
10 | sex, physical cruelty, use of a weapon, stealing while | ||||||
11 | confronting a victim, breaking and entering), or both, as | ||||||
12 | defined in the DSM-IV-TR published by the American Psychiatric | ||||||
13 | Association, or the child is an adjudicated delinquent minor | ||||||
14 | for acts involving aggressive or violent behavior; | ||||||
15 | (c) A person convicted of a felony under the laws of this | ||||||
16 | or any other
jurisdiction;
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17 | (d) A person addicted to narcotics;
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18 | (e) A person who has been a patient of a mental institution | ||||||
19 | within the
past 5 years or has been adjudicated as a mental | ||||||
20 | defective;
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21 | (f) A person whose mental condition is of such a nature | ||||||
22 | that it poses
a clear and present danger to the applicant, any | ||||||
23 | other person or persons or
the community;
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24 | For the purposes of this Section, "mental condition" means | ||||||
25 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
26 | assaultive behavior.
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1 | (g) A person who is mentally retarded;
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2 | (h) A person who intentionally makes a false statement in | ||||||
3 | the Firearm
Owner's Identification Card application;
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4 | (i) An alien who is unlawfully present in
the United States | ||||||
5 | under the laws of the United States;
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6 | (i-5) An alien who has been admitted to the United States | ||||||
7 | under a
non-immigrant visa (as that term is defined in Section | ||||||
8 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
9 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
10 | to any alien who has been lawfully admitted to
the United | ||||||
11 | States under a non-immigrant visa if that alien is:
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12 | (1) admitted to the United States for lawful hunting or | ||||||
13 | sporting purposes;
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14 | (2) an official representative of a foreign government | ||||||
15 | who is:
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16 | (A) accredited to the United States Government or | ||||||
17 | the Government's
mission to an international | ||||||
18 | organization having its headquarters in the United
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19 | States; or
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20 | (B) en route to or from another country to which | ||||||
21 | that alien is
accredited;
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22 | (3) an official of a foreign government or | ||||||
23 | distinguished foreign visitor
who has been so designated by | ||||||
24 | the Department of State;
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25 | (4) a foreign law enforcement officer of a friendly | ||||||
26 | foreign government
entering the United States on official |
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1 | business; or
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2 | (5) one who has received a waiver from the Attorney | ||||||
3 | General of the United
States pursuant to 18 U.S.C. | ||||||
4 | 922(y)(3);
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5 | (j) A person who is subject to an existing order of | ||||||
6 | protection prohibiting
him or her from possessing a firearm;
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7 | (k) A person who has been convicted within the past 5 years | ||||||
8 | of battery,
assault, aggravated assault, violation of an order | ||||||
9 | of protection, or a
substantially similar offense in another | ||||||
10 | jurisdiction, in which a firearm was
used or possessed;
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11 | (l) A person who has been convicted of domestic battery or | ||||||
12 | a substantially
similar offense in another jurisdiction | ||||||
13 | committed on or after January 1,
1998;
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14 | (m) A person who has been convicted within the past 5 years | ||||||
15 | of domestic
battery or a substantially similar offense in | ||||||
16 | another jurisdiction committed
before January 1, 1998;
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17 | (n) A person who is prohibited from acquiring or possessing
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18 | firearms or firearm ammunition by any Illinois State statute or | ||||||
19 | by federal
law;
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20 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
21 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
22 | delinquent minor for
the commission of an offense that if | ||||||
23 | committed by an adult would be a felony;
or
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24 | (p) An adult who had been adjudicated a delinquent minor | ||||||
25 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
26 | offense that if committed by an
adult would be a felony.
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1 | (q) Notwithstanding any other rulemaking authority that | ||||||
2 | may exist, neither the Governor nor any agency or agency head | ||||||
3 | under the jurisdiction of the Governor has any authority to | ||||||
4 | make or promulgate rules to implement or enforce the provisions | ||||||
5 | of this amendatory Act of the 95th General Assembly. If, | ||||||
6 | however, the Governor believes that rules are necessary to | ||||||
7 | implement or enforce the provisions of this amendatory Act of | ||||||
8 | the 95th General Assembly, the Governor may suggest rules to | ||||||
9 | the General Assembly by filing them with the Clerk of the House | ||||||
10 | and the Secretary of the Senate and by requesting that the | ||||||
11 | General Assembly authorize such rulemaking by law, enact those | ||||||
12 | suggested rules into law, or take any other appropriate action | ||||||
13 | in the General Assembly's discretion. Nothing contained in this | ||||||
14 | amendatory Act of the 95th General Assembly shall be | ||||||
15 | interpreted to grant rulemaking authority under any other | ||||||
16 | Illinois statute where such authority is not otherwise | ||||||
17 | explicitly given. For the purposes of this Section, "rules" is | ||||||
18 | given the meaning contained in Section 1-70 of the Illinois | ||||||
19 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
20 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
21 | the Illinois Administrative Procedure Act to the extent that | ||||||
22 | such definitions apply to agencies or agency heads under the | ||||||
23 | jurisdiction of the Governor. | ||||||
24 | (Source: P.A. 95-581, eff. 6-1-08.)
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