Full Text of HB1449 99th General Assembly
HB1449 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1449 Introduced , by Rep. David Harris SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 | 430 ILCS 65/4 | from Ch. 38, par. 83-4 | 430 ILCS 65/8 | from Ch. 38, par. 83-8 |
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Amends the Firearm Owners Identification Card Act. Lowers the age in which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age if the applicant is a servicemember or veteran. Provides that an applicant who is 18 (rather than 21) years of age or older who is a servicemember or veteran seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 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 Sections 1.1, 4, and 8 as follows:
| 6 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 7 | | Sec. 1.1. For purposes of this Act:
| 8 | | "Addicted to narcotics" means a person who has been: | 9 | | (1) convicted of an offense involving the use or | 10 | | possession of cannabis, a controlled substance, or | 11 | | methamphetamine within the past year; or | 12 | | (2) determined by the Department of State Police to be | 13 | | addicted to narcotics based upon federal law or federal | 14 | | guidelines. | 15 | | "Addicted to narcotics" does not include possession or use | 16 | | of a prescribed controlled substance under the direction and | 17 | | authority of a physician or other person authorized to | 18 | | prescribe the controlled substance when the controlled | 19 | | substance is used in the prescribed manner. | 20 | | "Adjudicated as a mentally disabled person" means the | 21 | | person is the subject of a determination by a court, board, | 22 | | commission or other lawful authority that the person, as a | 23 | | result of marked subnormal intelligence, or mental illness, |
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| 1 | | mental impairment, incompetency, condition, or disease: | 2 | | (1) presents a clear and present danger to himself, | 3 | | herself, or to others; | 4 | | (2) lacks the mental capacity to manage his or her own | 5 | | affairs or is adjudicated a disabled person as defined in | 6 | | Section 11a-2 of the Probate Act of 1975; | 7 | | (3) is not guilty in a criminal case by reason of | 8 | | insanity, mental disease or defect; | 9 | | (3.5) is guilty but mentally ill, as provided in | 10 | | Section 5-2-6 of the Unified Code of Corrections; | 11 | | (4) is incompetent to stand trial in a criminal case; | 12 | | (5) is not guilty by reason of lack of mental | 13 | | responsibility under Articles 50a and 72b of the Uniform | 14 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 15 | | (6) is a sexually violent person under subsection (f) | 16 | | of Section 5 of the Sexually Violent Persons Commitment | 17 | | Act; | 18 | | (7) is a sexually dangerous person under the Sexually | 19 | | Dangerous Persons Act; | 20 | | (8) is unfit to stand trial under the Juvenile Court | 21 | | Act of 1987; | 22 | | (9) is not guilty by reason of insanity under the | 23 | | Juvenile Court Act of 1987; | 24 | | (10) is subject to involuntary admission as an | 25 | | inpatient as defined in Section 1-119 of the Mental Health | 26 | | and Developmental Disabilities Code; |
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| 1 | | (11) is subject to involuntary admission as an | 2 | | outpatient as defined in Section 1-119.1 of the Mental | 3 | | Health and Developmental Disabilities Code; | 4 | | (12) is subject to judicial admission as set forth in | 5 | | Section 4-500 of the Mental Health and Developmental | 6 | | Disabilities Code; or | 7 | | (13) is subject to the provisions of the Interstate | 8 | | Agreements on Sexually Dangerous Persons Act. | 9 | | "Clear and present danger" means a person who: | 10 | | (1) communicates a serious threat of physical violence | 11 | | against a reasonably identifiable victim or poses a clear | 12 | | and imminent risk of serious physical injury to himself, | 13 | | herself, or another person as determined by a physician, | 14 | | clinical psychologist, or qualified examiner; or | 15 | | (2) demonstrates threatening physical or verbal | 16 | | behavior, such as violent, suicidal, or assaultive | 17 | | threats, actions, or other behavior, as determined by a | 18 | | physician, clinical psychologist, qualified examiner, | 19 | | school administrator, or law enforcement official. | 20 | | "Clinical psychologist" has the meaning provided in | 21 | | Section 1-103 of the Mental Health and Developmental | 22 | | Disabilities Code. | 23 | | "Controlled substance" means a controlled substance or | 24 | | controlled substance analog as defined in the Illinois | 25 | | Controlled Substances Act. | 26 | | "Counterfeit" means to copy or imitate, without legal |
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| 1 | | authority, with
intent
to deceive. | 2 | | "Developmentally disabled" means a disability which is | 3 | | attributable to any other condition which results in impairment | 4 | | similar to that caused by an intellectual disability and which | 5 | | requires services similar to those required by intellectually | 6 | | disabled persons. The disability must originate before the age | 7 | | of 18
years, be expected to continue indefinitely, and | 8 | | constitute a substantial handicap. | 9 | | "Federally licensed firearm dealer" means a person who is | 10 | | licensed as a federal firearms dealer under Section 923 of the | 11 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 12 | | "Firearm" means any device, by
whatever name known, which | 13 | | is designed to expel a projectile or projectiles
by the action | 14 | | of an explosion, expansion of gas or escape of gas; excluding,
| 15 | | however:
| 16 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 17 | | B-B gun which
expels a single globular projectile not | 18 | | exceeding .18 inch in
diameter or which has a maximum | 19 | | muzzle velocity of less than 700 feet
per second;
| 20 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 21 | | B-B gun which expels breakable paint balls containing | 22 | | washable marking colors;
| 23 | | (2) any device used exclusively for signalling or | 24 | | safety and required or
recommended by the United States | 25 | | Coast Guard or the Interstate Commerce
Commission;
| 26 | | (3) any device used exclusively for the firing of stud |
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| 1 | | cartridges,
explosive rivets or similar industrial | 2 | | ammunition; and
| 3 | | (4) an antique firearm (other than a machine-gun) | 4 | | which, although
designed as a weapon, the Department of | 5 | | State Police finds by reason of
the date of its | 6 | | manufacture, value, design, and other characteristics is
| 7 | | primarily a collector's item and is not likely to be used | 8 | | as a weapon.
| 9 | | "Firearm ammunition" means any self-contained cartridge or | 10 | | shotgun
shell, by whatever name known, which is designed to be | 11 | | used or adaptable to
use in a firearm; excluding, however:
| 12 | | (1) any ammunition exclusively designed for use with a | 13 | | device used
exclusively for signalling or safety and | 14 | | required or recommended by the
United States Coast Guard or | 15 | | the Interstate Commerce Commission; and
| 16 | | (2) any ammunition designed exclusively for use with a | 17 | | stud or rivet
driver or other similar industrial | 18 | | ammunition. | 19 | | "Gun show" means an event or function: | 20 | | (1) at which the sale and transfer of firearms is the | 21 | | regular and normal course of business and where 50 or more | 22 | | firearms are displayed, offered, or exhibited for sale, | 23 | | transfer, or exchange; or | 24 | | (2) at which not less than 10 gun show vendors display, | 25 | | offer, or exhibit for sale, sell, transfer, or exchange | 26 | | firearms.
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| 1 | | "Gun show" includes the entire premises provided for an | 2 | | event or function, including parking areas for the event or | 3 | | function, that is sponsored to facilitate the purchase, sale, | 4 | | transfer, or exchange of firearms as described in this Section.
| 5 | | "Gun show" does not include training or safety classes, | 6 | | competitive shooting events, such as rifle, shotgun, or handgun | 7 | | matches, trap, skeet, or sporting clays shoots, dinners, | 8 | | banquets, raffles, or
any other event where the sale or | 9 | | transfer of firearms is not the primary course of business. | 10 | | "Gun show promoter" means a person who organizes or | 11 | | operates a gun show. | 12 | | "Gun show vendor" means a person who exhibits, sells, | 13 | | offers for sale, transfers, or exchanges any firearms at a gun | 14 | | show, regardless of whether the person arranges with a gun show | 15 | | promoter for a fixed location from which to exhibit, sell, | 16 | | offer for sale, transfer, or exchange any firearm. | 17 | | "Intellectually disabled" means significantly subaverage | 18 | | general intellectual functioning which exists concurrently | 19 | | with impairment in adaptive behavior and which originates | 20 | | before the age of 18 years. | 21 | | "Involuntarily admitted" has the meaning as prescribed in | 22 | | Sections 1-119 and 1-119.1 of the Mental Health and | 23 | | Developmental Disabilities Code. | 24 | | "Mental health facility" means any licensed private | 25 | | hospital or hospital affiliate, institution, or facility, or | 26 | | part thereof, and any facility, or part thereof, operated by |
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| 1 | | the State or a political subdivision thereof which provide | 2 | | treatment of persons with mental illness and includes all | 3 | | hospitals, institutions, clinics, evaluation facilities, | 4 | | mental health centers, colleges, universities, long-term care | 5 | | facilities, and nursing homes, or parts thereof, which provide | 6 | | treatment of persons with mental illness whether or not the | 7 | | primary purpose is to provide treatment of persons with mental | 8 | | illness. | 9 | | "Patient" means: | 10 | | (1) a person who voluntarily receives mental health | 11 | | treatment as an in-patient or resident of any public or | 12 | | private mental health facility, unless the treatment was | 13 | | solely for an alcohol abuse disorder and no other secondary | 14 | | substance abuse disorder or mental illness; or | 15 | | (2) a person who voluntarily receives mental health | 16 | | treatment as an out-patient or is provided services by a | 17 | | public or private mental health facility, and who poses a | 18 | | clear and present danger to himself, herself, or to others. | 19 | | "Physician" has the meaning as defined in Section 1-120 of | 20 | | the Mental Health and Developmental Disabilities Code. | 21 | | "Qualified examiner" has the meaning provided in Section | 22 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 23 | | "Sanctioned competitive shooting event" means a shooting | 24 | | contest officially recognized by a national or state shooting | 25 | | sport association, and includes any sight-in or practice | 26 | | conducted in conjunction with the event.
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| 1 | | "School administrator" means the person required to report | 2 | | under the School Administrator Reporting of Mental Health Clear | 3 | | and Present Danger Determinations Law. | 4 | | "Servicemember" means a person who is currently serving in | 5 | | the Army, Air Force, Marines, Navy, or Coast Guard on active | 6 | | duty, reserve status, or in the National Guard. | 7 | | "Stun gun or taser" has the meaning ascribed to it in | 8 | | Section 24-1 of the Criminal Code of 2012. | 9 | | "Veteran" means a person who served in the active military, | 10 | | naval, or air service, Coast Guard, reserves, or National Guard | 11 | | and who was discharged or released from that service, reserve, | 12 | | or Guard under conditions other than dishonorable. | 13 | | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | 14 | | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
| 15 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 16 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 17 | | Identification Card must:
| 18 | | (1) Make application on blank forms prepared and | 19 | | furnished at convenient
locations throughout the State by | 20 | | the Department of State Police, or by
electronic means, if | 21 | | and when made available by the Department of State
Police; | 22 | | and
| 23 | | (2) Submit evidence to the Department of State Police | 24 | | that:
| 25 | | (i) He or she is 21 years of age or over, or if he |
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| 1 | | or she is under 21
years of age and not a servicemember | 2 | | or veteran or is under 18 years of age and is a | 3 | | servicemember or veteran that he or she has the written | 4 | | consent of his or her parent or
legal guardian to | 5 | | possess and acquire firearms and firearm ammunition | 6 | | and that , if he or she is under 21 years of age, he or | 7 | | she has never been convicted of a misdemeanor other | 8 | | than a traffic
offense or adjudged
delinquent, | 9 | | provided, however, that , if the applicant is under 21 | 10 | | years of age and not a servicemember or veteran or | 11 | | under 18 years of age and is a servicemember or | 12 | | veteran, the such parent or legal guardian is not an
| 13 | | individual prohibited from having a Firearm Owner's | 14 | | Identification Card and
files an affidavit with the | 15 | | Department as prescribed by the Department
stating | 16 | | that he or she is not an individual prohibited from | 17 | | having a Card;
| 18 | | (i-5) He or she is 18 years of age or over but | 19 | | under 21 years of age and is a servicemember or | 20 | | veteran;
| 21 | | (ii) He or she has not been convicted of a felony | 22 | | under the laws of
this or any other jurisdiction;
| 23 | | (iii) He or she is not addicted to narcotics;
| 24 | | (iv) He or she has not been a patient in a mental | 25 | | health facility within
the past 5 years or, if he or | 26 | | she has been a patient in a mental health facility more |
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| 1 | | than 5 years ago submit the certification required | 2 | | under subsection (u) of Section 8 of this Act;
| 3 | | (v) He or she is not intellectually disabled;
| 4 | | (vi) He or she is not an alien who is unlawfully | 5 | | present in the
United States under the laws of the | 6 | | United States;
| 7 | | (vii) He or she is not subject to an existing order | 8 | | of protection
prohibiting him or her from possessing a | 9 | | firearm;
| 10 | | (viii) He or she has not been convicted within the | 11 | | past 5 years of
battery, assault, aggravated assault, | 12 | | violation of an order of
protection, or a substantially | 13 | | similar offense in another jurisdiction, in
which a | 14 | | firearm was used or possessed;
| 15 | | (ix) He or she has not been convicted of domestic | 16 | | battery, aggravated domestic battery, or a
| 17 | | substantially similar offense in another
jurisdiction | 18 | | committed before, on or after January 1, 2012 (the | 19 | | effective date of Public Act 97-158). If the applicant | 20 | | knowingly and intelligently waives the right to have an | 21 | | offense described in this clause (ix) tried by a jury, | 22 | | and by guilty plea or otherwise, results in a | 23 | | conviction for an offense in which a domestic | 24 | | relationship is not a required element of the offense | 25 | | but in which a determination of the applicability of 18 | 26 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the |
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| 1 | | Code of Criminal Procedure of 1963, an entry by the | 2 | | court of a judgment of conviction for that offense | 3 | | shall be grounds for denying the issuance of a Firearm | 4 | | Owner's Identification Card under this Section;
| 5 | | (x) (Blank);
| 6 | | (xi) He or she is not an alien who has been | 7 | | admitted to the United
States under a non-immigrant | 8 | | visa (as that term is defined in Section
101(a)(26) of | 9 | | the Immigration and Nationality Act (8 U.S.C. | 10 | | 1101(a)(26))),
or that he or she is an alien who has | 11 | | been lawfully admitted to the United
States under a | 12 | | non-immigrant visa if that alien is:
| 13 | | (1) admitted to the United States for lawful | 14 | | hunting or sporting
purposes;
| 15 | | (2) an official representative of a foreign | 16 | | government who is:
| 17 | | (A) accredited to the United States | 18 | | Government or the Government's
mission to an | 19 | | international organization having its | 20 | | headquarters in the United
States; or
| 21 | | (B) en route to or from another country to | 22 | | which that alien is
accredited;
| 23 | | (3) an official of a foreign government or | 24 | | distinguished foreign
visitor who has been so | 25 | | designated by the Department of State;
| 26 | | (4) a foreign law enforcement officer of a |
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| 1 | | friendly foreign
government entering the United | 2 | | States on official business; or
| 3 | | (5) one who has received a waiver from the | 4 | | Attorney General of the
United States pursuant to | 5 | | 18 U.S.C. 922(y)(3);
| 6 | | (xii) He or she is not a minor subject to a | 7 | | petition filed
under Section 5-520 of the Juvenile | 8 | | Court Act of 1987 alleging that the
minor is a | 9 | | delinquent minor for the commission of an offense that | 10 | | if
committed by an adult would be a felony;
| 11 | | (xiii) He or she is not an adult who had been | 12 | | adjudicated a delinquent
minor under the Juvenile | 13 | | Court Act of 1987 for the commission of an offense
that | 14 | | if committed by an adult would be a felony;
| 15 | | (xiv) He or she is a resident of the State of | 16 | | Illinois; | 17 | | (xv) He or she has not been adjudicated as a | 18 | | mentally disabled person; | 19 | | (xvi) He or she has not been involuntarily admitted | 20 | | into a mental health facility; and | 21 | | (xvii) He or she is not developmentally disabled; | 22 | | and
| 23 | | (3) Upon request by the Department of State Police, | 24 | | sign a release on a
form prescribed by the Department of | 25 | | State Police waiving any right to
confidentiality and | 26 | | requesting the disclosure to the Department of State Police
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| 1 | | of limited mental health institution admission information | 2 | | from another state,
the District of Columbia, any other | 3 | | territory of the United States, or a
foreign nation | 4 | | concerning the applicant for the sole purpose of | 5 | | determining
whether the applicant is or was a patient in a | 6 | | mental health institution and
disqualified because of that | 7 | | status from receiving a Firearm Owner's
Identification | 8 | | Card. No mental health care or treatment records may be
| 9 | | requested. The information received shall be destroyed | 10 | | within one year of
receipt.
| 11 | | (a-5) Each applicant for a Firearm Owner's Identification | 12 | | Card who is over
the age of 18 shall furnish to the Department | 13 | | of State Police either his or
her Illinois driver's license | 14 | | number or Illinois Identification Card number, except as
| 15 | | provided in subsection (a-10).
| 16 | | (a-10) Each applicant for a Firearm Owner's Identification | 17 | | Card,
who is employed as a law enforcement officer, an armed | 18 | | security officer in Illinois, or by the United States Military
| 19 | | permanently assigned in Illinois and who is not an Illinois | 20 | | resident, shall furnish to
the Department of State Police his | 21 | | or her driver's license number or state
identification card | 22 | | number from his or her state of residence. The Department
of | 23 | | State Police may adopt rules to enforce the provisions of this
| 24 | | subsection (a-10).
| 25 | | (a-15) If an applicant applying for a Firearm Owner's | 26 | | Identification Card moves from the residence address named in |
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| 1 | | the application, he or she shall immediately notify in a form | 2 | | and manner prescribed by the Department of State Police of that | 3 | | change of address. | 4 | | (a-20) Each applicant for a Firearm Owner's Identification | 5 | | Card shall furnish to the Department of State Police his or her | 6 | | photograph. An applicant who is 21 years of age or older , or 18 | 7 | | years of age or over but under 21 years of age and who is a | 8 | | servicemember or veteran, seeking a religious exemption to the | 9 | | photograph requirement must furnish with the application an | 10 | | approved copy of United States Department of the Treasury | 11 | | Internal Revenue Service Form 4029. In lieu of a photograph, an | 12 | | applicant regardless of age seeking a religious exemption to | 13 | | the photograph requirement shall submit fingerprints on a form | 14 | | and manner prescribed by the Department with his or her | 15 | | application. | 16 | | (b) Each application form shall include the following | 17 | | statement printed in
bold type: "Warning: Entering false | 18 | | information on an application for a Firearm
Owner's | 19 | | Identification Card is punishable as a Class 2 felony in | 20 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 21 | | Owners Identification Card
Act.".
| 22 | | (c) Upon such written consent, pursuant to Section 4, | 23 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 24 | | consent shall be liable for any
damages resulting from the | 25 | | applicant's use of firearms or firearm ammunition.
| 26 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, |
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| 1 | | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | 2 | | 98-63, eff. 7-9-13.)
| 3 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 4 | | Sec. 8. Grounds for denial and revocation. The Department | 5 | | of State Police has authority to deny an
application for or to | 6 | | revoke and seize a Firearm Owner's Identification
Card | 7 | | previously issued under this Act only if the Department finds | 8 | | that the
applicant or the person to whom such card was issued | 9 | | is or was at the time
of issuance:
| 10 | | (a) A person under 21 years of age who has been | 11 | | convicted of a
misdemeanor other than a traffic offense or | 12 | | adjudged delinquent;
| 13 | | (b) A person under 21 years of age who is not a | 14 | | servicemember or veteran or under 18 who is a servicemember | 15 | | or veteran and who does not have the written consent
of his | 16 | | parent or guardian to acquire and possess firearms and | 17 | | firearm
ammunition, or whose parent or guardian has revoked | 18 | | such written consent,
or where such parent or guardian does | 19 | | not qualify to have a Firearm Owner's
Identification Card;
| 20 | | (c) A person convicted of a felony under the laws of | 21 | | this or any other
jurisdiction;
| 22 | | (d) A person addicted to narcotics;
| 23 | | (e) A person who has been a patient of a mental health | 24 | | facility within the
past 5 years or a person who has been a | 25 | | patient in a mental health facility more than 5 years ago |
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| 1 | | who has not received the certification required under | 2 | | subsection (u) of this Section. An active law enforcement | 3 | | officer employed by a unit of government who is denied, | 4 | | revoked, or has his or her Firearm Owner's Identification | 5 | | Card seized under this subsection (e) may obtain relief as | 6 | | described in subsection (c-5) of Section 10 of this Act if | 7 | | the officer did not act in a manner threatening to the | 8 | | officer, another person, or the public as determined by the | 9 | | treating clinical psychologist or physician, and the | 10 | | officer seeks mental health treatment;
| 11 | | (f) A person whose mental condition is of such a nature | 12 | | that it poses
a clear and present danger to the applicant, | 13 | | any other person or persons or
the community;
| 14 | | (g) A person who is intellectually disabled;
| 15 | | (h) A person who intentionally makes a false statement | 16 | | in the Firearm
Owner's Identification Card application;
| 17 | | (i) An alien who is unlawfully present in
the United | 18 | | States under the laws of the United States;
| 19 | | (i-5) An alien who has been admitted to the United | 20 | | States under a
non-immigrant visa (as that term is defined | 21 | | in Section 101(a)(26) of the
Immigration and Nationality | 22 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 23 | | (i-5) does not apply to any alien who has been lawfully | 24 | | admitted to
the United States under a non-immigrant visa if | 25 | | that alien is:
| 26 | | (1) admitted to the United States for lawful |
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| 1 | | hunting or sporting purposes;
| 2 | | (2) an official representative of a foreign | 3 | | government who is:
| 4 | | (A) accredited to the United States Government | 5 | | or the Government's
mission to an international | 6 | | organization having its headquarters in the United
| 7 | | States; or
| 8 | | (B) en route to or from another country to | 9 | | which that alien is
accredited;
| 10 | | (3) an official of a foreign government or | 11 | | distinguished foreign visitor
who has been so | 12 | | designated by the Department of State;
| 13 | | (4) a foreign law enforcement officer of a friendly | 14 | | foreign government
entering the United States on | 15 | | official business; or
| 16 | | (5) one who has received a waiver from the Attorney | 17 | | General of the United
States pursuant to 18 U.S.C. | 18 | | 922(y)(3);
| 19 | | (j) (Blank);
| 20 | | (k) A person who has been convicted within the past 5 | 21 | | years of battery,
assault, aggravated assault, violation | 22 | | of an order of protection, or a
substantially similar | 23 | | offense in another jurisdiction, in which a firearm was
| 24 | | used or possessed;
| 25 | | (l) A person who has been convicted of domestic | 26 | | battery, aggravated domestic battery, or a substantially
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| 1 | | similar offense in another jurisdiction committed before, | 2 | | on or after January 1, 2012 (the effective date of Public | 3 | | Act 97-158). If the applicant or person who has been | 4 | | previously issued a Firearm Owner's Identification Card | 5 | | under this Act knowingly and intelligently waives the right | 6 | | to have an offense described in this paragraph (l) tried by | 7 | | a jury, and by guilty plea or otherwise, results in a | 8 | | conviction for an offense in which a domestic relationship | 9 | | is not a required element of the offense but in which a | 10 | | determination of the applicability of 18 U.S.C. 922(g)(9) | 11 | | is made under Section 112A-11.1 of the Code of Criminal | 12 | | Procedure of 1963, an entry by the court of a judgment of | 13 | | conviction for that offense shall be grounds for denying an | 14 | | application for and for revoking and seizing a Firearm | 15 | | Owner's Identification Card previously issued to the | 16 | | person under this Act;
| 17 | | (m) (Blank);
| 18 | | (n) A person who is prohibited from acquiring or | 19 | | possessing
firearms or firearm ammunition by any Illinois | 20 | | State statute or by federal
law;
| 21 | | (o) A minor subject to a petition filed under Section | 22 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 23 | | minor is a delinquent minor for
the commission of an | 24 | | offense that if committed by an adult would be a felony;
| 25 | | (p) An adult who had been adjudicated a delinquent | 26 | | minor under the Juvenile
Court Act of 1987 for the |
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| 1 | | commission of an offense that if committed by an
adult | 2 | | would be a felony;
| 3 | | (q) A person who is not a resident of the State of | 4 | | Illinois, except as provided in subsection (a-10) of | 5 | | Section 4; | 6 | | (r) A person who has been adjudicated as a mentally | 7 | | disabled person; | 8 | | (s) A person who has been found to be developmentally | 9 | | disabled; | 10 | | (t) A person involuntarily admitted into a mental | 11 | | health facility; or | 12 | | (u) A person who has had his or her Firearm Owner's | 13 | | Identification Card revoked or denied under subsection (e) | 14 | | of this Section or item (iv) of paragraph (2) of subsection | 15 | | (a) of Section 4 of this Act because he or she was a | 16 | | patient in a mental health facility as provided in | 17 | | subsection (e) of this Section, shall not be permitted to | 18 | | obtain a Firearm Owner's Identification Card, after the | 19 | | 5-year period has lapsed, unless he or she has received a | 20 | | mental health evaluation by a physician, clinical | 21 | | psychologist, or qualified examiner as those terms are | 22 | | defined in the Mental Health and Developmental | 23 | | Disabilities Code, and has received a certification that he | 24 | | or she is not a clear and present danger to himself, | 25 | | herself, or others. The physician, clinical psychologist, | 26 | | or qualified examiner making the certification and his or |
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| 1 | | her employer shall not be held criminally, civilly, or | 2 | | professionally liable for making or not making the | 3 | | certification required under this subsection, except for | 4 | | willful or wanton misconduct. This subsection does not | 5 | | apply to a person whose firearm possession rights have been | 6 | | restored through administrative or judicial action under | 7 | | Section 10 or 11 of this Act. | 8 | | Upon revocation of a person's Firearm Owner's | 9 | | Identification Card, the Department of State Police shall | 10 | | provide notice to the person and the person shall comply with | 11 | | Section 9.5 of this Act. | 12 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 13 | | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | 14 | | 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff. | 15 | | 7-16-14.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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