Full Text of HB1461 97th General Assembly
HB1461eng 97TH GENERAL ASSEMBLY |
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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 mentally erratic or violent behavior by | 3 | | students and former students to the local law enforcement | 4 | | agency. Secondary schools and institutions of higher learning | 5 | | that wish to report mentally erratic or violent behavior by | 6 | | students and former students for purposes of revocation of an | 7 | | individual's Firearm Owner's Identification Card shall first | 8 | | report the incidents to the local law enforcement agency of | 9 | | jurisdiction.
Upon investigation of the purported incidents of | 10 | | mentally erratic or violent behavior, the local law enforcement | 11 | | agency of jurisdiction may report the information to the | 12 | | Department of State Police.
The Department of State Police may | 13 | | use such information to determine whether to deny an | 14 | | application for or to revoke and seize the student or former | 15 | | student's Firearm Owner's Identification Card under paragraph | 16 | | (q) of Section 8 of this Act.
If the Department of State Police | 17 | | acts to suspend or revoke the student or former student's | 18 | | Firearm Owner's Identification Card, the local law enforcement | 19 | | agency of jurisdiction for the secondary school or institution | 20 | | of higher learning where the incidents of mentally erratic or | 21 | | violent behavior occurred may seize the student or former | 22 | | student's Firearm Owner's Identification Card and forward it to | 23 | | the Department of State Police.
The administration of a | 24 | | secondary school or institution of higher learning that reports | 25 | | mentally erratic or violent behavior to the local law | 26 | | enforcement agency of jurisdiction who subsequently reports to |
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| 1 | | the Department of State Police is presumed to have acted in | 2 | | good faith and is immune from civil or criminal liability for | 3 | | making such report and the consequences of such report.
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