Illinois General Assembly - Full Text of SB2212
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Full Text of SB2212  99th General Assembly




State of Illinois
2015 and 2016


Introduced 1/13/2016, by Sen. Julie A. Morrison


430 ILCS 65/8  from Ch. 38, par. 83-8

    Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card (FOID card) previously issued under the Act if the Department finds that the applicant or the person to whom the card was issued is or was at the time of issuance a person named on the consolidated Terrorist Watchlist maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation. Effective immediately.

LRB099 15820 RLC 40129 b





SB2212LRB099 15820 RLC 40129 b

1    AN ACT concerning safety.
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 as follows:
6    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7    Sec. 8. Grounds for denial and revocation. The Department
8of State Police has authority to deny an application for or to
9revoke and seize a Firearm Owner's Identification Card
10previously issued under this Act only if the Department finds
11that the applicant or the person to whom such card was issued
12is or was at the time of issuance:
13        (a) A person under 21 years of age who has been
14    convicted of a misdemeanor other than a traffic offense or
15    adjudged delinquent;
16        (b) A person under 21 years of age who does not have
17    the written consent of his parent or guardian to acquire
18    and possess firearms and firearm ammunition, or whose
19    parent or guardian has revoked such written consent, or
20    where such parent or guardian does not qualify to have a
21    Firearm Owner's Identification Card;
22        (c) A person convicted of a felony under the laws of
23    this or any other jurisdiction;



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1        (d) A person addicted to narcotics;
2        (e) A person who has been a patient of a mental health
3    facility within the past 5 years or a person who has been a
4    patient in a mental health facility more than 5 years ago
5    who has not received the certification required under
6    subsection (u) of this Section. An active law enforcement
7    officer employed by a unit of government who is denied,
8    revoked, or has his or her Firearm Owner's Identification
9    Card seized under this subsection (e) may obtain relief as
10    described in subsection (c-5) of Section 10 of this Act if
11    the officer did not act in a manner threatening to the
12    officer, another person, or the public as determined by the
13    treating clinical psychologist or physician, and the
14    officer seeks mental health treatment;
15        (f) A person whose mental condition is of such a nature
16    that it poses a clear and present danger to the applicant,
17    any other person or persons or the community;
18        (g) A person who has an intellectual disability;
19        (h) A person who intentionally makes a false statement
20    in the Firearm Owner's Identification Card application;
21        (i) An alien who is unlawfully present in the United
22    States under the laws of the United States;
23        (i-5) An alien who has been admitted to the United
24    States under a non-immigrant visa (as that term is defined
25    in Section 101(a)(26) of the Immigration and Nationality
26    Act (8 U.S.C. 1101(a)(26))), except that this subsection



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1    (i-5) does not apply to any alien who has been lawfully
2    admitted to the United States under a non-immigrant visa if
3    that alien is:
4            (1) admitted to the United States for lawful
5        hunting or sporting purposes;
6            (2) an official representative of a foreign
7        government who is:
8                (A) accredited to the United States Government
9            or the Government's mission to an international
10            organization having its headquarters in the United
11            States; or
12                (B) en route to or from another country to
13            which that alien is accredited;
14            (3) an official of a foreign government or
15        distinguished foreign visitor who has been so
16        designated by the Department of State;
17            (4) a foreign law enforcement officer of a friendly
18        foreign government entering the United States on
19        official business; or
20            (5) one who has received a waiver from the Attorney
21        General of the United States pursuant to 18 U.S.C.
22        922(y)(3);
23        (j) (Blank);
24        (k) A person who has been convicted within the past 5
25    years of battery, assault, aggravated assault, violation
26    of an order of protection, or a substantially similar



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1    offense in another jurisdiction, in which a firearm was
2    used or possessed;
3        (l) A person who has been convicted of domestic
4    battery, aggravated domestic battery, or a substantially
5    similar offense in another jurisdiction committed before,
6    on or after January 1, 2012 (the effective date of Public
7    Act 97-158). If the applicant or person who has been
8    previously issued a Firearm Owner's Identification Card
9    under this Act knowingly and intelligently waives the right
10    to have an offense described in this paragraph (l) tried by
11    a jury, and by guilty plea or otherwise, results in a
12    conviction for an offense in which a domestic relationship
13    is not a required element of the offense but in which a
14    determination of the applicability of 18 U.S.C. 922(g)(9)
15    is made under Section 112A-11.1 of the Code of Criminal
16    Procedure of 1963, an entry by the court of a judgment of
17    conviction for that offense shall be grounds for denying an
18    application for and for revoking and seizing a Firearm
19    Owner's Identification Card previously issued to the
20    person under this Act;
21        (m) (Blank);
22        (n) A person who is prohibited from acquiring or
23    possessing firearms or firearm ammunition by any Illinois
24    State statute or by federal law;
25        (o) A minor subject to a petition filed under Section
26    5-520 of the Juvenile Court Act of 1987 alleging that the



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1    minor is a delinquent minor for the commission of an
2    offense that if committed by an adult would be a felony;
3        (p) An adult who had been adjudicated a delinquent
4    minor under the Juvenile Court Act of 1987 for the
5    commission of an offense that if committed by an adult
6    would be a felony;
7        (q) A person who is not a resident of the State of
8    Illinois, except as provided in subsection (a-10) of
9    Section 4;
10        (r) A person who has been adjudicated as a person with
11    a mental disability;
12        (s) A person who has been found to have a developmental
13    disability;
14        (t) A person involuntarily admitted into a mental
15    health facility; or
16        (u) A person who has had his or her Firearm Owner's
17    Identification Card revoked or denied under subsection (e)
18    of this Section or item (iv) of paragraph (2) of subsection
19    (a) of Section 4 of this Act because he or she was a
20    patient in a mental health facility as provided in
21    subsection (e) of this Section, shall not be permitted to
22    obtain a Firearm Owner's Identification Card, after the
23    5-year period has lapsed, unless he or she has received a
24    mental health evaluation by a physician, clinical
25    psychologist, or qualified examiner as those terms are
26    defined in the Mental Health and Developmental



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1    Disabilities Code, and has received a certification that he
2    or she is not a clear and present danger to himself,
3    herself, or others. The physician, clinical psychologist,
4    or qualified examiner making the certification and his or
5    her employer shall not be held criminally, civilly, or
6    professionally liable for making or not making the
7    certification required under this subsection, except for
8    willful or wanton misconduct. This subsection does not
9    apply to a person whose firearm possession rights have been
10    restored through administrative or judicial action under
11    Section 10 or 11 of this Act; or
12        (v) A person named on the consolidated Terrorist
13    Watchlist maintained by the Terrorist Screening Center
14    administered by the Federal Bureau of Investigation.
15    Upon revocation of a person's Firearm Owner's
16Identification Card, the Department of State Police shall
17provide notice to the person and the person shall comply with
18Section 9.5 of this Act.
19(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
20eff. 7-16-14; 99-143, eff. 7-27-15.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.