98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2589

 

Introduced , by Rep. Kenneth Dunkin

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4.5 new
430 ILCS 65/8  from Ch. 38, par. 83-8

    Amends the Firearm Owners Identification Card Act. Provides that any person who owns a firearm in this State shall maintain a policy of liability insurance in the amount of at least $1,000,000 specifically covering any damages resulting from negligent or willful acts involving the use of the firearm while it is owned by that person. Provides that a person shall be deemed the owner of a firearm after the firearm is lost or stolen until the loss or theft is reported to the police department or sheriff of the jurisdiction in which the owner resides. Provides that the Department of State Police shall revoke and seize a Firearm Owner's Identification Card previously issued under this Act if the Department finds that the person to whom the card was issued possesses or acquires a firearm and does not submit evidence to the Department of State Police that he or she has been issued in his or her name a liability insurance policy in the amount of at least $1,000,000 specifically covering any damages resulting from negligent or willful acts involving the use of the firearm while it is owned by that person. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2589LRB098 10465 RLC 40687 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 8 and by adding Section 4.5 as
6follows:
 
7    (430 ILCS 65/4.5 new)
8    Sec. 4.5. Firearm owner's liability insurance required.
9    (a) Any person who owns a firearm in this State shall
10maintain a policy of liability insurance in the amount of at
11least $1,000,000 specifically covering any damages resulting
12from negligent or willful acts involving the use of the firearm
13while it is owned by that person. A person shall be deemed the
14owner of a firearm after the firearm is lost or stolen until
15the loss or theft is reported to the police department or
16sheriff of the jurisdiction in which the owner resides.
17    (b) This Section does not apply to any person who is not
18required to possess a Firearm Owner's Identification Card in
19order to acquire or possess a firearm or firearm ammunition
20under subsections (b) and (c) of Section 2 of this Act.
 
21    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
22    Sec. 8. The Department of State Police has authority to

 

 

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1deny an application for or to revoke and seize a Firearm
2Owner's Identification Card previously issued under this Act
3only if the Department finds that the applicant or the person
4to whom such card was issued is or was at the time of issuance:
5    (a) A person under 21 years of age who has been convicted
6of a misdemeanor other than a traffic offense or adjudged
7delinquent;
8    (b) A person under 21 years of age who does not have the
9written consent of his parent or guardian to acquire and
10possess firearms and firearm ammunition, or whose parent or
11guardian has revoked such written consent, or where such parent
12or guardian does not qualify to have a Firearm Owner's
13Identification Card;
14    (c) A person convicted of a felony under the laws of this
15or any other jurisdiction;
16    (d) A person addicted to narcotics;
17    (e) A person who has been a patient of a mental institution
18within the past 5 years or has been adjudicated as a mental
19defective;
20    (f) A person whose mental condition is of such a nature
21that it poses a clear and present danger to the applicant, any
22other person or persons or the community;
23    For the purposes of this Section, "mental condition" means
24a state of mind manifested by violent, suicidal, threatening or
25assaultive behavior.
26    (g) A person who is intellectually disabled;

 

 

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1    (h) A person who intentionally makes a false statement in
2the Firearm Owner's Identification Card application;
3    (i) An alien who is unlawfully present in the United States
4under the laws of the United States;
5    (i-5) An alien who has been admitted to the United States
6under a non-immigrant visa (as that term is defined in Section
7101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
81101(a)(26))), except that this subsection (i-5) does not apply
9to any alien who has been lawfully admitted to the United
10States under a non-immigrant visa if that alien is:
11        (1) admitted to the United States for lawful hunting or
12    sporting purposes;
13        (2) an official representative of a foreign government
14    who is:
15            (A) accredited to the United States Government or
16        the Government's mission to an international
17        organization having its headquarters in the United
18        States; or
19            (B) en route to or from another country to which
20        that alien is accredited;
21        (3) an official of a foreign government or
22    distinguished foreign visitor who has been so designated by
23    the Department of State;
24        (4) a foreign law enforcement officer of a friendly
25    foreign government entering the United States on official
26    business; or

 

 

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1        (5) one who has received a waiver from the Attorney
2    General of the United States pursuant to 18 U.S.C.
3    922(y)(3);
4    (j) (Blank);
5    (k) A person who has been convicted within the past 5 years
6of battery, assault, aggravated assault, violation of an order
7of protection, or a substantially similar offense in another
8jurisdiction, in which a firearm was used or possessed;
9    (l) A person who has been convicted of domestic battery,
10aggravated domestic battery, or a substantially similar
11offense in another jurisdiction committed before, on or after
12January 1, 2012 (the effective date of Public Act 97-158). If
13the applicant or person who has been previously issued a
14Firearm Owner's Identification Card under this Act knowingly
15and intelligently waives the right to have an offense described
16in this paragraph (l) tried by a jury, and by guilty plea or
17otherwise, results in a conviction for an offense in which a
18domestic relationship is not a required element of the offense
19but in which a determination of the applicability of 18 U.S.C.
20922(g)(9) is made under Section 112A-11.1 of the Code of
21Criminal Procedure of 1963, an entry by the court of a judgment
22of conviction for that offense shall be grounds for denying an
23application for and for revoking and seizing a Firearm Owner's
24Identification Card previously issued to the person under this
25Act;
26    (m) (Blank);

 

 

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1    (n) A person who is prohibited from acquiring or possessing
2firearms or firearm ammunition by any Illinois State statute or
3by federal law;
4    (o) A minor subject to a petition filed under Section 5-520
5of the Juvenile Court Act of 1987 alleging that the minor is a
6delinquent minor for the commission of an offense that if
7committed by an adult would be a felony;
8    (p) An adult who had been adjudicated a delinquent minor
9under the Juvenile Court Act of 1987 for the commission of an
10offense that if committed by an adult would be a felony; or
11    (q) A person who is not a resident of the State of
12Illinois, except as provided in subsection (a-10) of Section 4.
13    The Department of State Police shall revoke and seize a
14Firearm Owner's Identification Card previously issued under
15this Act if the Department finds that the person to whom the
16card was issued possesses or acquires a firearm and does not
17submit evidence to the Department of State Police that he or
18she has been issued in his or her name a liability insurance
19policy in the amount of at least $1,000,000 specifically
20covering any damages resulting from negligent or willful acts
21involving the use of the firearm while it is owned by that
22person.
23(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
24eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.