Full Text of SB1436 103rd General Assembly
SB1436 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1436 Introduced 2/7/2023, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/8 | from Ch. 38, par. 83-8 |
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Amends the Firearm Owners Identification Card Act. Provides that the authority of the Illinois State Police to deny an
application for or to revoke and seize a Firearm Owner's Identification
Card previously issued under the Act to a person who is not a resident of the State of Illinois does not apply to an applicant who is an Illinois resident in the United States Military permanently assigned out of state. 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 Section 8 as follows:
| 6 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 7 | | Sec. 8. Grounds for denial and revocation. The Illinois | 8 | | State Police has authority to deny an
application for or to | 9 | | revoke and seize a Firearm Owner's Identification
Card | 10 | | previously issued under this Act only if the Illinois State | 11 | | Police finds that the
applicant or the person to whom such card | 12 | | was issued is 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) This subsection (b) applies through the 180th day | 17 | | following July 12, 2019 (the effective date of Public Act | 18 | | 101-80). A person under 21 years of age who does not have | 19 | | the written consent
of his parent or guardian to acquire | 20 | | and possess firearms and firearm
ammunition, or whose | 21 | | parent or guardian has revoked such written consent,
or | 22 | | where such parent or guardian does not qualify to have a | 23 | | Firearm Owner's
Identification Card; |
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| 1 | | (b-5) This subsection (b-5) applies on and after the | 2 | | 181st day following July 12, 2019 (the effective date of | 3 | | Public Act 101-80). A person under 21 years of age who is | 4 | | not an active duty member of the United States Armed | 5 | | Forces or the Illinois National Guard and does not have | 6 | | the written consent
of his or her parent or guardian to | 7 | | acquire and possess firearms and firearm
ammunition, or | 8 | | whose parent or guardian has revoked such written consent,
| 9 | | or where such parent or guardian does not qualify to have a | 10 | | Firearm Owner's
Identification Card;
| 11 | | (c) A person convicted of a felony under the laws of | 12 | | this or any other
jurisdiction;
| 13 | | (d) A person addicted to narcotics;
| 14 | | (e) A person who has been a patient of a mental health | 15 | | facility within the
past 5 years or a person who has been a | 16 | | patient in a mental health facility more than 5 years ago | 17 | | who has not received the certification required under | 18 | | subsection (u) of this Section. An active law enforcement | 19 | | officer employed by a unit of government or a Department | 20 | | of Corrections employee authorized to possess firearms who | 21 | | is denied, revoked, or has his or her Firearm Owner's | 22 | | Identification Card seized under this subsection (e) may | 23 | | obtain relief as described in subsection (c-5) of Section | 24 | | 10 of this Act if the officer or employee did not act in a | 25 | | manner threatening to the officer or employee, another | 26 | | person, or the public as determined by the treating |
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| 1 | | clinical psychologist or physician, and the officer or | 2 | | employee seeks mental health treatment;
| 3 | | (f) A person whose mental condition is of such a | 4 | | nature that it poses
a clear and present danger to the | 5 | | applicant, any other person or persons, or
the community;
| 6 | | (g) A person who has an intellectual disability;
| 7 | | (h) A person who intentionally makes a false statement | 8 | | in the Firearm
Owner's Identification Card application or | 9 | | endorsement affidavit;
| 10 | | (i) A noncitizen who is unlawfully present in
the | 11 | | United States under the laws of the United States;
| 12 | | (i-5) A noncitizen who has been admitted to the United | 13 | | States under a
non-immigrant visa (as that term is defined | 14 | | in Section 101(a)(26) of the
Immigration and Nationality | 15 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 16 | | (i-5) does not apply to any noncitizen who has been | 17 | | lawfully admitted to
the United States under a | 18 | | non-immigrant visa if that noncitizen is:
| 19 | | (1) admitted to the United States for lawful | 20 | | hunting or sporting purposes;
| 21 | | (2) an official representative of a foreign | 22 | | government who is:
| 23 | | (A) accredited to the United States Government | 24 | | or the Government's
mission to an international | 25 | | organization having its headquarters in the United
| 26 | | States; or
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| 1 | | (B) en route to or from another country to | 2 | | which that noncitizen is
accredited;
| 3 | | (3) an official of a foreign government or | 4 | | distinguished foreign visitor
who has been so | 5 | | designated by the Department of State;
| 6 | | (4) a foreign law enforcement officer of a | 7 | | friendly foreign government
entering the United States | 8 | | on official business; or
| 9 | | (5) one who has received a waiver from the | 10 | | Attorney General of the United
States pursuant to 18 | 11 | | U.S.C. 922(y)(3);
| 12 | | (j) (Blank);
| 13 | | (k) A person who has been convicted within the past 5 | 14 | | years of battery,
assault, aggravated assault, violation | 15 | | of an order of protection, or a
substantially similar | 16 | | offense in another jurisdiction, in which a firearm was
| 17 | | used or possessed;
| 18 | | (l) A person who has been convicted of domestic | 19 | | battery, aggravated domestic battery, or a substantially
| 20 | | similar offense in another jurisdiction committed before, | 21 | | on or after January 1, 2012 (the effective date of Public | 22 | | Act 97-158). If the applicant or person who has been | 23 | | previously issued a Firearm Owner's Identification Card | 24 | | under this Act knowingly and intelligently waives the | 25 | | right to have an offense described in this paragraph (l) | 26 | | tried by a jury, and by guilty plea or otherwise, results |
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| 1 | | in a conviction for an offense in which a domestic | 2 | | relationship is not a required element of the offense but | 3 | | in which a determination of the applicability of 18 U.S.C. | 4 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 5 | | Criminal Procedure of 1963, an entry by the court of a | 6 | | judgment of conviction for that offense shall be grounds | 7 | | for denying an application for and for revoking and | 8 | | seizing a Firearm Owner's Identification Card previously | 9 | | issued to the person under this Act;
| 10 | | (m) (Blank);
| 11 | | (n) A person who is prohibited from acquiring or | 12 | | possessing
firearms or firearm ammunition by any Illinois | 13 | | State statute or by federal
law;
| 14 | | (o) A minor subject to a petition filed under Section | 15 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 16 | | minor is a delinquent minor for
the commission of an | 17 | | offense that if committed by an adult would be a felony;
| 18 | | (p) An adult who had been adjudicated a delinquent | 19 | | minor under the Juvenile
Court Act of 1987 for the | 20 | | commission of an offense that if committed by an
adult | 21 | | would be a felony;
| 22 | | (q) A person who is not a resident of the State of | 23 | | Illinois, except for an Illinois resident in the United
| 24 | | States Military permanently assigned out of state or as | 25 | | provided in subsection (a-10) of Section 4; | 26 | | (r) A person who has been adjudicated as a person with |
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| 1 | | a mental disability; | 2 | | (s) A person who has been found to have a | 3 | | developmental disability; | 4 | | (t) A person involuntarily admitted into a mental | 5 | | health facility; or | 6 | | (u) A person who has had his or her Firearm Owner's | 7 | | Identification Card revoked or denied under subsection (e) | 8 | | of this Section or item (iv) of paragraph (2) of | 9 | | subsection (a) of Section 4 of this Act because he or she | 10 | | was a patient in a mental health facility as provided in | 11 | | subsection (e) of this Section, shall not be permitted to | 12 | | obtain a Firearm Owner's Identification Card, after the | 13 | | 5-year period has lapsed, unless he or she has received a | 14 | | mental health evaluation by a physician, clinical | 15 | | psychologist, or qualified examiner as those terms are | 16 | | defined in the Mental Health and Developmental | 17 | | Disabilities Code, and has received a certification that | 18 | | he or she is not a clear and present danger to himself, | 19 | | herself, or others. The physician, clinical psychologist, | 20 | | or qualified examiner making the certification and his or | 21 | | her employer shall not be held criminally, civilly, or | 22 | | professionally liable for making or not making the | 23 | | certification required under this subsection, except for | 24 | | willful or wanton misconduct. This subsection does not | 25 | | apply to a person whose firearm possession rights have | 26 | | been restored through administrative or judicial action |
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| 1 | | under Section 10 or 11 of this Act. | 2 | | Upon revocation of a person's Firearm Owner's | 3 | | Identification Card, the Illinois State Police shall provide | 4 | | notice to the person and the person shall comply with Section | 5 | | 9.5 of this Act. | 6 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | 7 | | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | 8 | | 5-27-22; 102-1116, eff. 1-10-23.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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