Sen. Kyle McCarter
Filed: 4/12/2013
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1 | AMENDMENT TO SENATE BILL 1969
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2 | AMENDMENT NO. ______. Amend Senate Bill 1969 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 Sections 4 and 8 as follows:
| ||||||
6 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
7 | (Text of Section before amendment by P.A. 97-1167 )
| ||||||
8 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
9 | Identification Card must:
| ||||||
10 | (1) Make application on blank forms prepared and | ||||||
11 | furnished at convenient
locations throughout the State by | ||||||
12 | the Department of State Police, or by
electronic means, if | ||||||
13 | and when made available by the Department of State
Police; | ||||||
14 | and
| ||||||
15 | (2) Submit evidence to the Department of State Police | ||||||
16 | that:
|
| |||||||
| |||||||
1 | (i) He or she is 18 21 years of age or over, or if | ||||||
2 | he or she is under 18 21
years of age that he or she has | ||||||
3 | the written consent of his or her parent or
legal | ||||||
4 | guardian to possess and acquire firearms and firearm | ||||||
5 | ammunition and that , if he or she is under 21 years of | ||||||
6 | age,
he or she has never been convicted of a | ||||||
7 | misdemeanor other than a traffic
offense or adjudged
| ||||||
8 | delinquent, provided, however, that such parent or | ||||||
9 | legal guardian of an applicant under 18 years of age is | ||||||
10 | not an
individual prohibited from having a Firearm | ||||||
11 | Owner's Identification Card and
files an affidavit | ||||||
12 | with the Department as prescribed by the Department
| ||||||
13 | stating that he or she is not an individual prohibited | ||||||
14 | from having a Card;
| ||||||
15 | (ii) He or she has not been convicted of a felony | ||||||
16 | under the laws of
this or any other jurisdiction;
| ||||||
17 | (iii) He or she is not addicted to narcotics;
| ||||||
18 | (iv) He or she has not been a patient in a mental | ||||||
19 | institution within
the past 5 years and he or she has | ||||||
20 | not been adjudicated as a mental defective;
| ||||||
21 | (v) He or she is not intellectually disabled;
| ||||||
22 | (vi) He or she is not an alien who is unlawfully | ||||||
23 | present in the
United States under the laws of the | ||||||
24 | United States;
| ||||||
25 | (vii) He or she is not subject to an existing order | ||||||
26 | of protection
prohibiting him or her from possessing a |
| |||||||
| |||||||
1 | firearm;
| ||||||
2 | (viii) He or she has not been convicted within the | ||||||
3 | past 5 years of
battery, assault, aggravated assault, | ||||||
4 | violation of an order of
protection, or a substantially | ||||||
5 | similar offense in another jurisdiction, in
which a | ||||||
6 | firearm was used or possessed;
| ||||||
7 | (ix) He or she has not been convicted of domestic | ||||||
8 | battery, aggravated domestic battery, or a
| ||||||
9 | substantially similar offense in another
jurisdiction | ||||||
10 | committed before, on or after January 1, 2012 (the | ||||||
11 | effective date of Public Act 97-158). If the applicant | ||||||
12 | knowingly and intelligently waives the right to have an | ||||||
13 | offense described in this clause (ix) tried by a jury, | ||||||
14 | and by guilty plea or otherwise, results in a | ||||||
15 | conviction for an offense in which a domestic | ||||||
16 | relationship is not a required element of the offense | ||||||
17 | but in which a determination of the applicability of 18 | ||||||
18 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
19 | Code of Criminal Procedure of 1963, an entry by the | ||||||
20 | court of a judgment of conviction for that offense | ||||||
21 | shall be grounds for denying the issuance of a Firearm | ||||||
22 | Owner's Identification Card under this Section;
| ||||||
23 | (x) (Blank);
| ||||||
24 | (xi) He or she is not an alien who has been | ||||||
25 | admitted to the United
States under a non-immigrant | ||||||
26 | visa (as that term is defined in Section
101(a)(26) of |
| |||||||
| |||||||
1 | the Immigration and Nationality Act (8 U.S.C. | ||||||
2 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
3 | been lawfully admitted to the United
States under a | ||||||
4 | non-immigrant visa if that alien is:
| ||||||
5 | (1) admitted to the United States for lawful | ||||||
6 | hunting or sporting
purposes;
| ||||||
7 | (2) an official representative of a foreign | ||||||
8 | government who is:
| ||||||
9 | (A) accredited to the United States | ||||||
10 | Government or the Government's
mission to an | ||||||
11 | international organization having its | ||||||
12 | headquarters in the United
States; or
| ||||||
13 | (B) en route to or from another country to | ||||||
14 | which that alien is
accredited;
| ||||||
15 | (3) an official of a foreign government or | ||||||
16 | distinguished foreign
visitor who has been so | ||||||
17 | designated by the Department of State;
| ||||||
18 | (4) a foreign law enforcement officer of a | ||||||
19 | friendly foreign
government entering the United | ||||||
20 | States on official business; or
| ||||||
21 | (5) one who has received a waiver from the | ||||||
22 | Attorney General of the
United States pursuant to | ||||||
23 | 18 U.S.C. 922(y)(3);
| ||||||
24 | (xii) He or she is not a minor subject to a | ||||||
25 | petition filed
under Section 5-520 of the Juvenile | ||||||
26 | Court Act of 1987 alleging that the
minor is a |
| |||||||
| |||||||
1 | delinquent minor for the commission of an offense that | ||||||
2 | if
committed by an adult would be a felony;
| ||||||
3 | (xiii) He or she is not an adult who had been | ||||||
4 | adjudicated a delinquent
minor under the Juvenile | ||||||
5 | Court Act of 1987 for the commission of an offense
that | ||||||
6 | if committed by an adult would be a felony; and
| ||||||
7 | (xiv) He or she is a resident of the State of | ||||||
8 | Illinois; and
| ||||||
9 | (3) Upon request by the Department of State Police, | ||||||
10 | sign a release on a
form prescribed by the Department of | ||||||
11 | State Police waiving any right to
confidentiality and | ||||||
12 | requesting the disclosure to the Department of State Police
| ||||||
13 | of limited mental health institution admission information | ||||||
14 | from another state,
the District of Columbia, any other | ||||||
15 | territory of the United States, or a
foreign nation | ||||||
16 | concerning the applicant for the sole purpose of | ||||||
17 | determining
whether the applicant is or was a patient in a | ||||||
18 | mental health institution and
disqualified because of that | ||||||
19 | status from receiving a Firearm Owner's
Identification | ||||||
20 | Card. No mental health care or treatment records may be
| ||||||
21 | requested. The information received shall be destroyed | ||||||
22 | within one year of
receipt.
| ||||||
23 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
24 | Card who is over
the age of 18 shall furnish to the Department | ||||||
25 | of State Police either his or
her Illinois driver's license | ||||||
26 | number or Illinois Identification Card number, except as
|
| |||||||
| |||||||
1 | provided in subsection (a-10).
| ||||||
2 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
3 | Card,
who is employed as a law enforcement officer, an armed | ||||||
4 | security officer in Illinois, or by the United States Military
| ||||||
5 | permanently assigned in Illinois and who is not an Illinois | ||||||
6 | resident, shall furnish to
the Department of State Police his | ||||||
7 | or her driver's license number or state
identification card | ||||||
8 | number from his or her state of residence. The Department
of | ||||||
9 | State Police may promulgate rules to enforce the provisions of | ||||||
10 | this
subsection (a-10).
| ||||||
11 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
12 | Identification Card moves from the residence address named in | ||||||
13 | the application, he or she shall immediately notify in a form | ||||||
14 | and manner prescribed by the Department of State Police of that | ||||||
15 | change of address. | ||||||
16 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
17 | Card shall furnish to the Department of State Police his or her | ||||||
18 | photograph. An applicant who is 21 years of age or older | ||||||
19 | seeking a religious exemption to the photograph requirement | ||||||
20 | must furnish with the application an approved copy of United | ||||||
21 | States Department of the Treasury Internal Revenue Service Form | ||||||
22 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
23 | seeking a religious exemption to the photograph requirement | ||||||
24 | shall submit fingerprints on a form and manner prescribed by | ||||||
25 | the Department with his or her application. | ||||||
26 | (b) Each application form shall include the following |
| |||||||
| |||||||
1 | statement printed in
bold type: "Warning: Entering false | ||||||
2 | information on an application for a Firearm
Owner's | ||||||
3 | Identification Card is punishable as a Class 2 felony in | ||||||
4 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
5 | Owners Identification Card
Act.".
| ||||||
6 | (c) Upon such written consent, pursuant to Section 4, | ||||||
7 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
8 | consent shall be liable for any
damages resulting from the | ||||||
9 | applicant's use of firearms or firearm ammunition.
| ||||||
10 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
11 | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
12 | (Text of Section after amendment by P.A. 97-1167 ) | ||||||
13 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
14 | Identification Card must:
| ||||||
15 | (1) Make application on blank forms prepared and | ||||||
16 | furnished at convenient
locations throughout the State by | ||||||
17 | the Department of State Police, or by
electronic means, if | ||||||
18 | and when made available by the Department of State
Police; | ||||||
19 | and
| ||||||
20 | (2) Submit evidence to the Department of State Police | ||||||
21 | that:
| ||||||
22 | (i) He or she is 18 21 years of age or over, or if | ||||||
23 | he or she is under 18 21
years of age that he or she has | ||||||
24 | the written consent of his or her parent or
legal | ||||||
25 | guardian to possess and acquire firearms and firearm |
| |||||||
| |||||||
1 | ammunition and that , if he or she is under 21 years of | ||||||
2 | age,
he or she has never been convicted of a | ||||||
3 | misdemeanor other than a traffic
offense or adjudged
| ||||||
4 | delinquent, provided, however, that such parent or | ||||||
5 | legal guardian of an applicant under 18 years of age is | ||||||
6 | not an
individual prohibited from having a Firearm | ||||||
7 | Owner's Identification Card and
files an affidavit | ||||||
8 | with the Department as prescribed by the Department
| ||||||
9 | stating that he or she is not an individual prohibited | ||||||
10 | from having a Card;
| ||||||
11 | (ii) He or she has not been convicted of a felony | ||||||
12 | under the laws of
this or any other jurisdiction;
| ||||||
13 | (iii) He or she is not addicted to narcotics;
| ||||||
14 | (iv) He or she has not been a patient in a mental | ||||||
15 | institution within
the past 5 years;
| ||||||
16 | (v) He or she is not intellectually disabled;
| ||||||
17 | (vi) He or she is not an alien who is unlawfully | ||||||
18 | present in the
United States under the laws of the | ||||||
19 | United States;
| ||||||
20 | (vii) He or she is not subject to an existing order | ||||||
21 | of protection
prohibiting him or her from possessing a | ||||||
22 | firearm;
| ||||||
23 | (viii) He or she has not been convicted within the | ||||||
24 | past 5 years of
battery, assault, aggravated assault, | ||||||
25 | violation of an order of
protection, or a substantially | ||||||
26 | similar offense in another jurisdiction, in
which a |
| |||||||
| |||||||
1 | firearm was used or possessed;
| ||||||
2 | (ix) He or she has not been convicted of domestic | ||||||
3 | battery, aggravated domestic battery, or a
| ||||||
4 | substantially similar offense in another
jurisdiction | ||||||
5 | committed before, on or after January 1, 2012 (the | ||||||
6 | effective date of Public Act 97-158). If the applicant | ||||||
7 | knowingly and intelligently waives the right to have an | ||||||
8 | offense described in this clause (ix) tried by a jury, | ||||||
9 | and by guilty plea or otherwise, results in a | ||||||
10 | conviction for an offense in which a domestic | ||||||
11 | relationship is not a required element of the offense | ||||||
12 | but in which a determination of the applicability of 18 | ||||||
13 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
14 | Code of Criminal Procedure of 1963, an entry by the | ||||||
15 | court of a judgment of conviction for that offense | ||||||
16 | shall be grounds for denying the issuance of a Firearm | ||||||
17 | Owner's Identification Card under this Section;
| ||||||
18 | (x) (Blank);
| ||||||
19 | (xi) He or she is not an alien who has been | ||||||
20 | admitted to the United
States under a non-immigrant | ||||||
21 | visa (as that term is defined in Section
101(a)(26) of | ||||||
22 | the Immigration and Nationality Act (8 U.S.C. | ||||||
23 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
24 | been lawfully admitted to the United
States under a | ||||||
25 | non-immigrant visa if that alien is:
| ||||||
26 | (1) admitted to the United States for lawful |
| |||||||
| |||||||
1 | hunting or sporting
purposes;
| ||||||
2 | (2) an official representative of a foreign | ||||||
3 | government who is:
| ||||||
4 | (A) accredited to the United States | ||||||
5 | Government or the Government's
mission to an | ||||||
6 | international organization having its | ||||||
7 | headquarters in the United
States; or
| ||||||
8 | (B) en route to or from another country to | ||||||
9 | which that alien is
accredited;
| ||||||
10 | (3) an official of a foreign government or | ||||||
11 | distinguished foreign
visitor who has been so | ||||||
12 | designated by the Department of State;
| ||||||
13 | (4) a foreign law enforcement officer of a | ||||||
14 | friendly foreign
government entering the United | ||||||
15 | States on official business; or
| ||||||
16 | (5) one who has received a waiver from the | ||||||
17 | Attorney General of the
United States pursuant to | ||||||
18 | 18 U.S.C. 922(y)(3);
| ||||||
19 | (xii) He or she is not a minor subject to a | ||||||
20 | petition filed
under Section 5-520 of the Juvenile | ||||||
21 | Court Act of 1987 alleging that the
minor is a | ||||||
22 | delinquent minor for the commission of an offense that | ||||||
23 | if
committed by an adult would be a felony;
| ||||||
24 | (xiii) He or she is not an adult who had been | ||||||
25 | adjudicated a delinquent
minor under the Juvenile | ||||||
26 | Court Act of 1987 for the commission of an offense
that |
| |||||||
| |||||||
1 | if committed by an adult would be a felony;
| ||||||
2 | (xiv) He or she is a resident of the State of | ||||||
3 | Illinois; and | ||||||
4 | (xv) He or she has not been adjudicated as a mental | ||||||
5 | defective; and
| ||||||
6 | (3) Upon request by the Department of State Police, | ||||||
7 | sign a release on a
form prescribed by the Department of | ||||||
8 | State Police waiving any right to
confidentiality and | ||||||
9 | requesting the disclosure to the Department of State Police
| ||||||
10 | of limited mental health institution admission information | ||||||
11 | from another state,
the District of Columbia, any other | ||||||
12 | territory of the United States, or a
foreign nation | ||||||
13 | concerning the applicant for the sole purpose of | ||||||
14 | determining
whether the applicant is or was a patient in a | ||||||
15 | mental health institution and
disqualified because of that | ||||||
16 | status from receiving a Firearm Owner's
Identification | ||||||
17 | Card. No mental health care or treatment records may be
| ||||||
18 | requested. The information received shall be destroyed | ||||||
19 | within one year of
receipt.
| ||||||
20 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
21 | Card who is over
the age of 18 shall furnish to the Department | ||||||
22 | of State Police either his or
her Illinois driver's license | ||||||
23 | number or Illinois Identification Card number, except as
| ||||||
24 | provided in subsection (a-10).
| ||||||
25 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
26 | Card,
who is employed as a law enforcement officer, an armed |
| |||||||
| |||||||
1 | security officer in Illinois, or by the United States Military
| ||||||
2 | permanently assigned in Illinois and who is not an Illinois | ||||||
3 | resident, shall furnish to
the Department of State Police his | ||||||
4 | or her driver's license number or state
identification card | ||||||
5 | number from his or her state of residence. The Department
of | ||||||
6 | State Police may promulgate rules to enforce the provisions of | ||||||
7 | this
subsection (a-10).
| ||||||
8 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
9 | Identification Card moves from the residence address named in | ||||||
10 | the application, he or she shall immediately notify in a form | ||||||
11 | and manner prescribed by the Department of State Police of that | ||||||
12 | change of address. | ||||||
13 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
14 | Card shall furnish to the Department of State Police his or her | ||||||
15 | photograph. An applicant who is 21 years of age or older | ||||||
16 | seeking a religious exemption to the photograph requirement | ||||||
17 | must furnish with the application an approved copy of United | ||||||
18 | States Department of the Treasury Internal Revenue Service Form | ||||||
19 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
20 | seeking a religious exemption to the photograph requirement | ||||||
21 | shall submit fingerprints on a form and manner prescribed by | ||||||
22 | the Department with his or her application. | ||||||
23 | (b) Each application form shall include the following | ||||||
24 | statement printed in
bold type: "Warning: Entering false | ||||||
25 | information on an application for a Firearm
Owner's | ||||||
26 | Identification Card is punishable as a Class 2 felony in |
| |||||||
| |||||||
1 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
2 | Owners Identification Card
Act.".
| ||||||
3 | (c) Upon such written consent, pursuant to Section 4, | ||||||
4 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
5 | consent shall be liable for any
damages resulting from the | ||||||
6 | applicant's use of firearms or firearm ammunition.
| ||||||
7 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
8 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
| ||||||
9 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
10 | (Text of Section before amendment by P.A. 97-1167 )
| ||||||
11 | Sec. 8. The Department of State Police has authority to | ||||||
12 | deny an
application for or to revoke and seize a Firearm | ||||||
13 | Owner's Identification
Card previously issued under this Act | ||||||
14 | only if the Department finds that the
applicant or the person | ||||||
15 | to whom such card was issued is or was at the time
of issuance:
| ||||||
16 | (a) A person under 21 years of age who has been convicted | ||||||
17 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
18 | delinquent;
| ||||||
19 | (b) A person under 18 21 years of age who does not have the | ||||||
20 | written consent
of his parent or guardian to acquire and | ||||||
21 | possess firearms and firearm
ammunition, or whose parent or | ||||||
22 | guardian has revoked such written consent,
or where such parent | ||||||
23 | or guardian does not qualify to have a Firearm Owner's
| ||||||
24 | Identification Card;
| ||||||
25 | (c) A person convicted of a felony under the laws of this |
| |||||||
| |||||||
1 | or any other
jurisdiction;
| ||||||
2 | (d) A person addicted to narcotics;
| ||||||
3 | (e) A person who has been a patient of a mental institution | ||||||
4 | within the
past 5 years or has been adjudicated as a mental | ||||||
5 | defective;
| ||||||
6 | (f) A person whose mental condition is of such a nature | ||||||
7 | that it poses
a clear and present danger to the applicant, any | ||||||
8 | other person or persons or
the community;
| ||||||
9 | For the purposes of this Section, "mental condition" means | ||||||
10 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
11 | assaultive behavior.
| ||||||
12 | (g) A person who is intellectually disabled;
| ||||||
13 | (h) A person who intentionally makes a false statement in | ||||||
14 | the Firearm
Owner's Identification Card application;
| ||||||
15 | (i) An alien who is unlawfully present in
the United States | ||||||
16 | under the laws of the United States;
| ||||||
17 | (i-5) An alien who has been admitted to the United States | ||||||
18 | under a
non-immigrant visa (as that term is defined in Section | ||||||
19 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
20 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
21 | to any alien who has been lawfully admitted to
the United | ||||||
22 | States under a non-immigrant visa if that alien is:
| ||||||
23 | (1) admitted to the United States for lawful hunting or | ||||||
24 | sporting purposes;
| ||||||
25 | (2) an official representative of a foreign government | ||||||
26 | who is:
|
| |||||||
| |||||||
1 | (A) accredited to the United States Government or | ||||||
2 | the Government's
mission to an international | ||||||
3 | organization having its headquarters in the United
| ||||||
4 | States; or
| ||||||
5 | (B) en route to or from another country to which | ||||||
6 | that alien is
accredited;
| ||||||
7 | (3) an official of a foreign government or | ||||||
8 | distinguished foreign visitor
who has been so designated by | ||||||
9 | the Department of State;
| ||||||
10 | (4) a foreign law enforcement officer of a friendly | ||||||
11 | foreign government
entering the United States on official | ||||||
12 | business; or
| ||||||
13 | (5) one who has received a waiver from the Attorney | ||||||
14 | General of the United
States pursuant to 18 U.S.C. | ||||||
15 | 922(y)(3);
| ||||||
16 | (j) (Blank);
| ||||||
17 | (k) A person who has been convicted within the past 5 years | ||||||
18 | of battery,
assault, aggravated assault, violation of an order | ||||||
19 | of protection, or a
substantially similar offense in another | ||||||
20 | jurisdiction, in which a firearm was
used or possessed;
| ||||||
21 | (l) A person who has been convicted of domestic battery, | ||||||
22 | aggravated domestic battery, or a substantially
similar | ||||||
23 | offense in another jurisdiction committed before, on or after | ||||||
24 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
25 | the applicant or person who has been previously issued a | ||||||
26 | Firearm Owner's Identification Card under this Act knowingly |
| |||||||
| |||||||
1 | and intelligently waives the right to have an offense described | ||||||
2 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
3 | otherwise, results in a conviction for an offense in which a | ||||||
4 | domestic relationship is not a required element of the offense | ||||||
5 | but in which a determination of the applicability of 18 U.S.C. | ||||||
6 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
7 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
8 | of conviction for that offense shall be grounds for denying an | ||||||
9 | application for and for revoking and seizing a Firearm Owner's | ||||||
10 | Identification Card previously issued to the person under this | ||||||
11 | Act;
| ||||||
12 | (m) (Blank);
| ||||||
13 | (n) A person who is prohibited from acquiring or possessing
| ||||||
14 | firearms or firearm ammunition by any Illinois State statute or | ||||||
15 | by federal
law;
| ||||||
16 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
17 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
18 | delinquent minor for
the commission of an offense that if | ||||||
19 | committed by an adult would be a felony;
| ||||||
20 | (p) An adult who had been adjudicated a delinquent minor | ||||||
21 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
22 | offense that if committed by an
adult would be a felony; or
| ||||||
23 | (q) A person who is not a resident of the State of | ||||||
24 | Illinois, except as provided in subsection (a-10) of Section 4. | ||||||
25 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
26 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
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| |||||||
1 | (Text of Section after amendment by P.A. 97-1167 ) | ||||||
2 | Sec. 8. The Department of State Police has authority to | ||||||
3 | deny an
application for or to revoke and seize a Firearm | ||||||
4 | Owner's Identification
Card previously issued under this Act | ||||||
5 | only if the Department finds that the
applicant or the person | ||||||
6 | to whom such card was issued is or was at the time
of issuance:
| ||||||
7 | (a) A person under 21 years of age who has been convicted | ||||||
8 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
9 | delinquent;
| ||||||
10 | (b) A person under 18 21 years of age who does not have the | ||||||
11 | written consent
of his parent or guardian to acquire and | ||||||
12 | possess firearms and firearm
ammunition, or whose parent or | ||||||
13 | guardian has revoked such written consent,
or where such parent | ||||||
14 | or guardian does not qualify to have a Firearm Owner's
| ||||||
15 | Identification Card;
| ||||||
16 | (c) A person convicted of a felony under the laws of this | ||||||
17 | or any other
jurisdiction;
| ||||||
18 | (d) A person addicted to narcotics;
| ||||||
19 | (e) A person who has been a patient of a mental institution | ||||||
20 | within the
past 5 years. An active law enforcement officer | ||||||
21 | employed by a unit of government who is denied, revoked, or has | ||||||
22 | his or her Firearm Owner's Identification Card seized under | ||||||
23 | this subsection (e) may obtain relief as described in | ||||||
24 | subsection (c-5) of Section 10 of this Act if the officer did | ||||||
25 | not act in a manner threatening to the officer, another person, |
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| |||||||
1 | or the public as determined by the treating clinical | ||||||
2 | psychologist or physician, and the officer seeks mental health | ||||||
3 | treatment;
| ||||||
4 | (f) A person whose mental condition is of such a nature | ||||||
5 | that it poses
a clear and present danger to the applicant, any | ||||||
6 | other person or persons or
the community;
| ||||||
7 | For the purposes of this Section, "mental condition" means | ||||||
8 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
9 | assaultive behavior.
| ||||||
10 | (g) A person who is intellectually disabled;
| ||||||
11 | (h) A person who intentionally makes a false statement in | ||||||
12 | the Firearm
Owner's Identification Card application;
| ||||||
13 | (i) An alien who is unlawfully present in
the United States | ||||||
14 | under the laws of the United States;
| ||||||
15 | (i-5) An alien who has been admitted to the United States | ||||||
16 | under a
non-immigrant visa (as that term is defined in Section | ||||||
17 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
18 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
19 | to any alien who has been lawfully admitted to
the United | ||||||
20 | States under a non-immigrant visa if that alien is:
| ||||||
21 | (1) admitted to the United States for lawful hunting or | ||||||
22 | sporting purposes;
| ||||||
23 | (2) an official representative of a foreign government | ||||||
24 | who is:
| ||||||
25 | (A) accredited to the United States Government or | ||||||
26 | the Government's
mission to an international |
| |||||||
| |||||||
1 | organization having its headquarters in the United
| ||||||
2 | States; or
| ||||||
3 | (B) en route to or from another country to which | ||||||
4 | that alien is
accredited;
| ||||||
5 | (3) an official of a foreign government or | ||||||
6 | distinguished foreign visitor
who has been so designated by | ||||||
7 | the Department of State;
| ||||||
8 | (4) a foreign law enforcement officer of a friendly | ||||||
9 | foreign government
entering the United States on official | ||||||
10 | business; or
| ||||||
11 | (5) one who has received a waiver from the Attorney | ||||||
12 | General of the United
States pursuant to 18 U.S.C. | ||||||
13 | 922(y)(3);
| ||||||
14 | (j) (Blank);
| ||||||
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;
| ||||||
19 | (l) A person who has been convicted of domestic battery, | ||||||
20 | aggravated domestic battery, or a substantially
similar | ||||||
21 | offense in another jurisdiction committed before, on or after | ||||||
22 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
23 | the applicant or person who has been previously issued a | ||||||
24 | Firearm Owner's Identification Card under this Act knowingly | ||||||
25 | and intelligently waives the right to have an offense described | ||||||
26 | in this paragraph (l) tried by a jury, and by guilty plea or |
| |||||||
| |||||||
1 | otherwise, results in a conviction for an offense in which a | ||||||
2 | domestic relationship is not a required element of the offense | ||||||
3 | but in which a determination of the applicability of 18 U.S.C. | ||||||
4 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
5 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
6 | of conviction for that offense shall be grounds for denying an | ||||||
7 | application for and for revoking and seizing a Firearm Owner's | ||||||
8 | Identification Card previously issued to the person under this | ||||||
9 | Act;
| ||||||
10 | (m) (Blank);
| ||||||
11 | (n) A person who is prohibited from acquiring or possessing
| ||||||
12 | firearms or firearm ammunition by any Illinois State statute or | ||||||
13 | by federal
law;
| ||||||
14 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
15 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
16 | delinquent minor for
the commission of an offense that if | ||||||
17 | committed by an adult would be a felony;
| ||||||
18 | (p) An adult who had been adjudicated a delinquent minor | ||||||
19 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
20 | offense that if committed by an
adult would be a felony;
| ||||||
21 | (q) A person who is not a resident of the State of | ||||||
22 | Illinois, except as provided in subsection (a-10) of Section 4; | ||||||
23 | or | ||||||
24 | (r) A person who has been adjudicated as a mental | ||||||
25 | defective. | ||||||
26 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, |
| |||||||
| |||||||
1 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | ||||||
2 | 97-1167, eff. 6-1-13.)
| ||||||
3 | Section 95. No acceleration or delay. Where this Act makes | ||||||
4 | changes in a statute that is represented in this Act by text | ||||||
5 | that is not yet or no longer in effect (for example, a Section | ||||||
6 | represented by multiple versions), the use of that text does | ||||||
7 | not accelerate or delay the taking effect of (i) the changes | ||||||
8 | made by this Act or (ii) provisions derived from any other | ||||||
9 | Public Act.
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|