Full Text of HB1696 95th General Assembly
HB1696 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1696
Introduced 2/22/2007, by Rep. Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/8 |
from Ch. 38, par. 83-8 |
720 ILCS 5/24-4.1 new |
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Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may revoke the Firearm Owner's Identification Card of a person who fails to report the loss or theft of a firearm to the Department within 72 hours after obtaining knowledge of the loss or theft. Amends the Criminal Code of 1961. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who acquires a firearm thereafter loses the firearm, or if the firearm is stolen, the person must report the loss or theft to the Department of State Police within 72 hours after obtaining knowledge of the loss or theft. Provides that the failure to report the loss or theft is a petty offense for a first violation and a Class A misdemeanor for a second or subsequent violation.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1696 |
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LRB095 03783 RLC 23813 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing Section 8 as follows:
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| (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| Sec. 8. The Department of State Police has authority to | 8 |
| deny an
application for or to revoke and seize a Firearm | 9 |
| Owner's Identification
Card previously issued under this Act | 10 |
| only if the Department finds that the
applicant or the person | 11 |
| to whom such card was issued is or was at the time
of issuance:
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| (a) A person under 21 years of age who has been convicted | 13 |
| of a
misdemeanor other than a traffic offense or adjudged | 14 |
| delinquent;
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| (b) A person under 21 years of age who does not have the | 16 |
| written consent
of his parent or guardian to acquire and | 17 |
| possess firearms and firearm
ammunition, or whose parent or | 18 |
| guardian has revoked such written consent,
or where such parent | 19 |
| or guardian does not qualify to have a Firearm Owner's
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| Identification Card;
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| (c) A person convicted of a felony under the laws of this | 22 |
| or any other
jurisdiction;
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| (d) A person addicted to narcotics;
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HB1696 |
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LRB095 03783 RLC 23813 b |
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| (e) A person who has been a patient of a mental institution | 2 |
| within the
past 5 years;
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| (f) A person whose mental condition is of such a nature | 4 |
| that it poses
a clear and present danger to the applicant, any | 5 |
| other person or persons or
the community;
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| For the purposes of this Section, "mental condition" means | 7 |
| a state of
mind manifested by violent, suicidal, threatening or | 8 |
| assaultive behavior.
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| (g) A person who is mentally retarded;
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| (h) A person who intentionally makes a false statement in | 11 |
| the Firearm
Owner's Identification Card application;
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| (i) An alien who is unlawfully present in
the United States | 13 |
| under the laws of the United States;
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| (i-5) An alien who has been admitted to the United States | 15 |
| under a
non-immigrant visa (as that term is defined in Section | 16 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 17 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply | 18 |
| to any alien who has been lawfully admitted to
the United | 19 |
| States under a non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful hunting or | 21 |
| sporting purposes;
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| (2) an official representative of a foreign government | 23 |
| who is:
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| (A) accredited to the United States Government or | 25 |
| the Government's
mission to an international | 26 |
| organization having its headquarters in the United
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HB1696 |
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LRB095 03783 RLC 23813 b |
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| States; or
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| (B) en route to or from another country to which | 3 |
| that alien is
accredited;
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| (3) an official of a foreign government or | 5 |
| distinguished foreign visitor
who has been so designated by | 6 |
| the Department of State;
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| (4) a foreign law enforcement officer of a friendly | 8 |
| foreign government
entering the United States on official | 9 |
| business; or
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| (5) one who has received a waiver from the Attorney | 11 |
| General of the United
States pursuant to 18 U.S.C. | 12 |
| 922(y)(3);
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| (j) A person who is subject to an existing order of | 14 |
| protection prohibiting
him or her from possessing a firearm;
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| (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;
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| (l) A person who has been convicted of domestic battery or | 20 |
| a substantially
similar offense in another jurisdiction | 21 |
| committed on or after January 1,
1998;
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| (m) A person who has been convicted within the past 5 years | 23 |
| of domestic
battery or a substantially similar offense in | 24 |
| another jurisdiction committed
before January 1, 1998;
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| (n) A person who is prohibited from acquiring or possessing
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| firearms or firearm ammunition by any Illinois State statute or |
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LRB095 03783 RLC 23813 b |
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| by federal
law;
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| (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;
or
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| (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. | 9 |
| The Department of State Police may revoke and seize a | 10 |
| Firearm Owner's Identification
Card previously issued under | 11 |
| this Act of a person who fails to report the loss or theft of a | 12 |
| firearm to the Department within 72 hours after obtaining | 13 |
| knowledge of the loss or theft.
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| (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04 .)
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| Section 10. The Criminal Code of 1961 is amended by adding | 16 |
| Section 24-4.1 as follows: | 17 |
| (720 ILCS 5/24-4.1 new)
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| Sec. 24-4.1. Report of lost or stolen firearms.
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| (a) If a person who possesses a valid Firearm Owner's | 20 |
| Identification Card and who possesses or acquires a firearm | 21 |
| thereafter loses or misplaces the firearm, or if the firearm is | 22 |
| stolen from the person, the person must report the loss or | 23 |
| theft to the Department of State Police within 72 hours after | 24 |
| obtaining knowledge of the loss or theft. |
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LRB095 03783 RLC 23813 b |
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| (b) Sentence. A person who violates this Section is guilty | 2 |
| of a petty offense for a first violation. A second or | 3 |
| subsequent violation of this Section is a Class A misdemeanor.
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