Full Text of HB1461 97th General Assembly
HB1461 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1461 Introduced , by Rep. William Cunningham SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/8 | from Ch. 38, par. 83-8 | 430 ILCS 65/8.3 new | |
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Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may deny an
application for or revoke and seize a Firearm Owner's Identification
Card previously issued under the Act to a student or former student of a secondary school or institution of higher learning who has been identified by the administration of that school or institution as a person who has acted in a mentally erratic or violent nature while enrolled, thereby creating a possible threat to the safety of the student body, faculty, or staff of the school or institution. Provides that the administration of a secondary school or institution of higher learning may report to the Department of State Police the name and address of a student or former student who has acted in a mentally erratic or violent nature while enrolled. Provides that the Department of State Police may use such information to determine whether to deny an
application for or to revoke and seize the student or former student's Firearm Owner's Identification Card. Provides that the administration of a secondary school or an institution of higher learning that reports the name and address of a student or former student to the Department of State Police as having acted in a mentally erratic or violent nature while enrolled are presumed to have acted in good faith and are immune from civil or criminal liability for making such report and the consequences of such report.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning firearms.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 8 and by adding Section 8.3 as | 6 | | follows:
| 7 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 8 | | Sec. 8. The Department of State Police has authority to | 9 | | deny an
application for or to revoke and seize a Firearm | 10 | | Owner's Identification
Card previously issued under this Act | 11 | | only if the Department finds that the
applicant or the person | 12 | | to whom such card was issued is or was at the time
of issuance:
| 13 | | (a) A person under 21 years of age who has been convicted | 14 | | of a
misdemeanor other than a traffic offense or adjudged | 15 | | delinquent;
| 16 | | (b) A person under 21 years of age who does not have the | 17 | | written consent
of his parent or guardian to acquire and | 18 | | possess firearms and firearm
ammunition, or whose parent or | 19 | | guardian has revoked such written consent,
or where such parent | 20 | | or guardian does not qualify to have a Firearm Owner's
| 21 | | Identification Card;
| 22 | | (c) A person convicted of a felony under the laws of this | 23 | | 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 institution | 3 | | within the
past 5 years or has been adjudicated as a mental | 4 | | defective;
| 5 | | (f) A person whose mental condition is of such a nature | 6 | | that it poses
a clear and present danger to the applicant, any | 7 | | other person or persons or
the community;
| 8 | | For the purposes of this Section, "mental condition" means | 9 | | a state of
mind manifested by violent, suicidal, threatening or | 10 | | assaultive behavior.
| 11 | | (g) A person who is mentally retarded;
| 12 | | (h) A person who intentionally makes a false statement in | 13 | | the Firearm
Owner's Identification Card application;
| 14 | | (i) An alien who is unlawfully present in
the United States | 15 | | under the laws of the United States;
| 16 | | (i-5) An alien who has been admitted to the United States | 17 | | under a
non-immigrant visa (as that term is defined in Section | 18 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 19 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 20 | | to any alien who has been lawfully admitted to
the United | 21 | | States under a non-immigrant visa if that alien is:
| 22 | | (1) admitted to the United States for lawful hunting or | 23 | | sporting purposes;
| 24 | | (2) an official representative of a foreign government | 25 | | who is:
| 26 | | (A) accredited to the United States Government or |
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| 1 | | the Government's
mission to an international | 2 | | organization having its headquarters in the United
| 3 | | States; or
| 4 | | (B) en route to or from another country to which | 5 | | that alien is
accredited;
| 6 | | (3) an official of a foreign government or | 7 | | distinguished foreign visitor
who has been so designated by | 8 | | the Department of State;
| 9 | | (4) a foreign law enforcement officer of a friendly | 10 | | foreign government
entering the United States on official | 11 | | business; or
| 12 | | (5) one who has received a waiver from the Attorney | 13 | | General of the United
States pursuant to 18 U.S.C. | 14 | | 922(y)(3);
| 15 | | (j) (Blank);
| 16 | | (k) A person who has been convicted within the past 5 years | 17 | | of battery,
assault, aggravated assault, violation of an order | 18 | | of protection, or a
substantially similar offense in another | 19 | | jurisdiction, in which a firearm was
used or possessed;
| 20 | | (l) A person who has been convicted of domestic battery or | 21 | | a substantially
similar offense in another jurisdiction | 22 | | committed on or after January 1,
1998;
| 23 | | (m) A person who has been convicted within the past 5 years | 24 | | of domestic
battery or a substantially similar offense in | 25 | | another jurisdiction committed
before January 1, 1998;
| 26 | | (n) A person who is prohibited from acquiring or possessing
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| 1 | | firearms or firearm ammunition by any Illinois State statute or | 2 | | by federal
law;
| 3 | | (o) A minor subject to a petition filed under Section 5-520 | 4 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 5 | | delinquent minor for
the commission of an offense that if | 6 | | committed by an adult would be a felony;
or
| 7 | | (p) An adult who had been adjudicated a delinquent minor | 8 | | under the Juvenile
Court Act of 1987 for the commission of an | 9 | | offense that if committed by an
adult would be a felony ; or .
| 10 | | (q) A student or former student of a secondary school or | 11 | | institution of higher learning who has been identified by the | 12 | | administration of that school or institution as a person who | 13 | | has acted in a mentally erratic or violent nature while | 14 | | enrolled, thereby creating a possible threat to the safety of | 15 | | the student body, faculty, or staff of the school or | 16 | | institution. For the purposes of this paragraph (q) and Section | 17 | | 8.3 of this Act, "secondary school" means a public or private | 18 | | institution that provides education for any of grades 9 through | 19 | | 12 or their equivalent; and "institution of higher learning" | 20 | | means a public or private college,
university, or community | 21 | | college located in the State of Illinois that is
authorized by | 22 | | the Board of Higher Education or the Illinois Community
College | 23 | | Board to issue post-secondary degrees. | 24 | | (Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)
| 25 | | (430 ILCS 65/8.3 new) |
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| 1 | | Sec. 8.3. Secondary schools and institutions of higher | 2 | | learning may report to the Department of State Police students | 3 | | and former students who acted in a mentally erratic or violent | 4 | | nature while enrolled. The administration of a secondary school | 5 | | or institution of higher learning may report to the Department | 6 | | of State Police the name and address of a student or former | 7 | | student who has acted in a mentally erratic or violent nature | 8 | | while enrolled. The Department of State Police may use such | 9 | | information to determine whether to deny an
application for or | 10 | | to revoke and seize the student or former student's Firearm | 11 | | Owner's Identification Card under paragraph (q) of Section 8 of | 12 | | this Act. The administration of a secondary school or | 13 | | institution of higher learning that reports to the Department | 14 | | of State Police the name and address of a student or former | 15 | | student who has acted in a mentally erratic or violent nature | 16 | | while enrolled are presumed to have acted in good faith and are | 17 | | immune from civil or criminal liability for making such report | 18 | | and the consequences of such report.
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