98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1727

 

Introduced 2/15/2013, by Sen. Napoleon Harris, III

 

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 one or more firearms 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 a firearm while it is owned by the 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 a firearm while it is owned by the person. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1727LRB098 10327 RLC 40514 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. Liability insurance required. Any person who owns
9one or more firearms in this State shall maintain a policy of
10liability insurance in the amount of at least $1,000,000
11specifically covering any damages resulting from negligent or
12willful acts involving the use of any firearm while it is owned
13by that person. A person shall be deemed the owner of a firearm
14after the firearm is lost or stolen until the loss or theft of
15the firearm is reported to the police department or sheriff
16with jurisdiction over the location in which the owner resides.
17This Section does not apply to a person described in subsection
18(b) or (c) of Section 2 of this Act.
 
19    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
20    Sec. 8. The Department of State Police has authority to
21deny an application for or to revoke and seize a Firearm
22Owner's Identification Card previously issued under this Act

 

 

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

 

 

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1    (i) An alien who is unlawfully present in the United States
2under the laws of the United States;
3    (i-5) An alien who has been admitted to the United States
4under a non-immigrant visa (as that term is defined in Section
5101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
61101(a)(26))), except that this subsection (i-5) does not apply
7to any alien who has been lawfully admitted to the United
8States under a non-immigrant visa if that alien is:
9        (1) admitted to the United States for lawful hunting or
10    sporting purposes;
11        (2) an official representative of a foreign government
12    who is:
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
16        States; or
17            (B) en route to or from another country to which
18        that alien is accredited;
19        (3) an official of a foreign government or
20    distinguished foreign visitor who has been so designated by
21    the Department of State;
22        (4) a foreign law enforcement officer of a friendly
23    foreign government entering the United States on official
24    business; or
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);
2    (j) (Blank);
3    (k) A person who has been convicted within the past 5 years
4of battery, assault, aggravated assault, violation of an order
5of protection, or a substantially similar offense in another
6jurisdiction, in which a firearm was used or possessed;
7    (l) A person who has been convicted of domestic battery,
8aggravated domestic battery, or a substantially similar
9offense in another jurisdiction committed before, on or after
10January 1, 2012 (the effective date of Public Act 97-158). If
11the applicant or person who has been previously issued a
12Firearm Owner's Identification Card under this Act knowingly
13and intelligently waives the right to have an offense described
14in this paragraph (l) tried by a jury, and by guilty plea or
15otherwise, results in a conviction for an offense in which a
16domestic relationship is not a required element of the offense
17but in which a determination of the applicability of 18 U.S.C.
18922(g)(9) is made under Section 112A-11.1 of the Code of
19Criminal Procedure of 1963, an entry by the court of a judgment
20of conviction for that offense shall be grounds for denying an
21application for and for revoking and seizing a Firearm Owner's
22Identification Card previously issued to the person under this
23Act;
24    (m) (Blank);
25    (n) A person who is prohibited from acquiring or possessing
26firearms or firearm ammunition by any Illinois State statute or

 

 

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