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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 and by adding Section 4.5 as | ||||||||||||||||||||||||||
6 | follows: | ||||||||||||||||||||||||||
7 | (430 ILCS 65/4.5 new) | ||||||||||||||||||||||||||
8 | Sec. 4.5. Liability insurance required. Any person who owns | ||||||||||||||||||||||||||
9 | one or more firearms in this
State shall maintain a policy of | ||||||||||||||||||||||||||
10 | liability insurance in
the amount of at least $1,000,000 | ||||||||||||||||||||||||||
11 | specifically covering any damages
resulting from negligent or | ||||||||||||||||||||||||||
12 | willful acts involving the use
of any firearm while it is owned | ||||||||||||||||||||||||||
13 | by that person. A person
shall be deemed the owner of a firearm | ||||||||||||||||||||||||||
14 | after
the firearm is lost or stolen until the loss or theft of | ||||||||||||||||||||||||||
15 | the firearm is
reported to the police department or sheriff | ||||||||||||||||||||||||||
16 | with jurisdiction over the location in
which the owner resides. | ||||||||||||||||||||||||||
17 | This Section does not apply to a person described in subsection | ||||||||||||||||||||||||||
18 | (b) or (c) of Section 2 of this Act.
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19 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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20 | Sec. 8. The Department of State Police has authority to | ||||||||||||||||||||||||||
21 | deny an
application for or to revoke and seize a Firearm | ||||||||||||||||||||||||||
22 | Owner's Identification
Card previously issued under this Act |
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1 | only if the Department finds that the
applicant or the person | ||||||
2 | to whom such card was issued is or was at the time
of issuance:
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3 | (a) A person under 21 years of age who has been convicted | ||||||
4 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
5 | delinquent;
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6 | (b) A person under 21 years of age who does not have the | ||||||
7 | written consent
of his parent or guardian to acquire and | ||||||
8 | possess firearms and firearm
ammunition, or whose parent or | ||||||
9 | guardian has revoked such written consent,
or where such parent | ||||||
10 | or guardian does not qualify to have a Firearm Owner's
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11 | Identification Card;
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12 | (c) A person convicted of a felony under the laws of this | ||||||
13 | or any other
jurisdiction;
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14 | (d) A person addicted to narcotics;
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15 | (e) A person who has been a patient of a mental institution | ||||||
16 | within the
past 5 years or has been adjudicated as a mental | ||||||
17 | defective;
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18 | (f) A person whose mental condition is of such a nature | ||||||
19 | that it poses
a clear and present danger to the applicant, any | ||||||
20 | other person or persons or
the community;
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21 | For the purposes of this Section, "mental condition" means | ||||||
22 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
23 | assaultive behavior.
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24 | (g) A person who is intellectually disabled;
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25 | (h) A person who intentionally makes a false statement in | ||||||
26 | the Firearm
Owner's Identification Card application;
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1 | (i) An alien who is unlawfully present in
the United States | ||||||
2 | under the laws of the United States;
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3 | (i-5) An alien who has been admitted to the United States | ||||||
4 | under a
non-immigrant visa (as that term is defined in Section | ||||||
5 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
6 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
7 | to any alien who has been lawfully admitted to
the United | ||||||
8 | States under a non-immigrant visa if that alien is:
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9 | (1) admitted to the United States for lawful hunting or | ||||||
10 | sporting purposes;
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11 | (2) an official representative of a foreign government | ||||||
12 | who is:
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13 | (A) accredited to the United States Government or | ||||||
14 | the Government's
mission to an international | ||||||
15 | organization having its headquarters in the United
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16 | States; or
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17 | (B) en route to or from another country to which | ||||||
18 | that alien is
accredited;
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19 | (3) an official of a foreign government or | ||||||
20 | distinguished foreign visitor
who has been so designated by | ||||||
21 | the Department of State;
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22 | (4) a foreign law enforcement officer of a friendly | ||||||
23 | foreign government
entering the United States on official | ||||||
24 | business; or
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25 | (5) one who has received a waiver from the Attorney | ||||||
26 | General of the United
States pursuant to 18 U.S.C. |
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1 | 922(y)(3);
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2 | (j) (Blank);
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3 | (k) A person who has been convicted within the past 5 years | ||||||
4 | of battery,
assault, aggravated assault, violation of an order | ||||||
5 | of protection, or a
substantially similar offense in another | ||||||
6 | jurisdiction, in which a firearm was
used or possessed;
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7 | (l) A person who has been convicted of domestic battery, | ||||||
8 | aggravated domestic battery, or a substantially
similar | ||||||
9 | offense in another jurisdiction committed before, on or after | ||||||
10 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
11 | the applicant or person who has been previously issued a | ||||||
12 | Firearm Owner's Identification Card under this Act knowingly | ||||||
13 | and intelligently waives the right to have an offense described | ||||||
14 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
15 | otherwise, results in a conviction for an offense in which a | ||||||
16 | domestic relationship is not a required element of the offense | ||||||
17 | but in which a determination of the applicability of 18 U.S.C. | ||||||
18 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
19 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
20 | of conviction for that offense shall be grounds for denying an | ||||||
21 | application for and for revoking and seizing a Firearm Owner's | ||||||
22 | Identification Card previously issued to the person under this | ||||||
23 | Act;
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24 | (m) (Blank);
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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;
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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; or
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9 | (q) A person who is not a resident of the State of | ||||||
10 | Illinois, except as provided in subsection (a-10) of Section 4. | ||||||
11 | The Department of State Police shall revoke and seize a | ||||||
12 | Firearm Owner's Identification
Card previously issued under | ||||||
13 | this Act if the Department finds that the person to whom the | ||||||
14 | card was issued possesses or acquires a firearm and does not | ||||||
15 | submit evidence to the Department of State Police that he or | ||||||
16 | she has been issued in his or her name a liability insurance | ||||||
17 | policy in
the amount of at least $1,000,000 specifically | ||||||
18 | covering any damages
resulting from negligent or willful acts | ||||||
19 | involving the use
of a firearm while it is owned by the person. | ||||||
20 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
21 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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