Full Text of HB1606 095th General Assembly
HB1606 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1606
Introduced 2/22/2007, by Rep. Daniel V. Beiser SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/2 |
from Ch. 38, par. 83-2 |
430 ILCS 65/4 |
from Ch. 38, par. 83-4 |
430 ILCS 65/7 |
from Ch. 38, par. 83-7 |
430 ILCS 65/8 |
from Ch. 38, par. 83-8 |
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Amends the Firearm Owners Identification Card Act. Provides that a person 18 years of age or older may apply for a Firearm Owner's Identification Card without the consent of a parent or legal guardian (currently persons between 18 and 21 years of age must have the consent of a parent or legal guardian to obtain a Firearm Owner's Identification Card). Provides that a Firearm Owner's
Identification Card issued to a veteran of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard who has been called into service of the United States and whose service is outside the State of Illinois shall expire 6 months after the discharge of the veteran from service if his or her Firearm Owner's
Identification Card expired during his or her service in the Armed Services or Reserve Forces of the United States or in the Illinois National Guard.
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A BILL FOR
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HB1606 |
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| AN ACT concerning firearms.
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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 Sections 2, 4, 7, and 8 as follows:
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| (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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| Sec. 2. Firearm Owner's Identification Card required; | 8 |
| exceptions.
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| (a) (1) No person may acquire or possess any firearm, stun | 10 |
| gun, or taser within this State
without having in his or | 11 |
| her possession a Firearm Owner's Identification Card
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| previously issued in his or her name by the Department of | 13 |
| State Police under
the provisions of this Act.
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| (2) No person may acquire or possess firearm ammunition | 15 |
| within this
State without having in his or her possession a | 16 |
| Firearm Owner's Identification
Card previously issued in | 17 |
| his or her name by the Department of State Police
under the | 18 |
| provisions of this Act.
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| (b) The provisions of this Section regarding the possession | 20 |
| of firearms, firearm ammunition, stun guns, and tasers do not | 21 |
| apply to:
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| (1) United States Marshals, while engaged in the | 23 |
| operation of their
official duties;
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| (2) Members of the Armed Forces of the United States or | 2 |
| the National
Guard, while engaged in the operation of their | 3 |
| official duties;
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| (3) Federal officials required to carry firearms, | 5 |
| while engaged in the
operation of their official duties;
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| (4) Members of bona fide veterans organizations which | 7 |
| receive firearms
directly from the armed forces of the | 8 |
| United States, while using the
firearms for ceremonial | 9 |
| purposes with blank ammunition;
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| (5) Nonresident hunters during hunting season, with | 11 |
| valid nonresident
hunting licenses and while in an area | 12 |
| where hunting is permitted; however,
at all other times and | 13 |
| in all other places these persons must have their
firearms | 14 |
| unloaded and enclosed in a case;
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| (6) Those hunters exempt from obtaining a hunting | 16 |
| license who are
required to submit their Firearm Owner's | 17 |
| Identification Card when hunting
on Department of Natural | 18 |
| Resources owned or managed sites;
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| (7) Nonresidents while on a firing or shooting range | 20 |
| recognized by the
Department of State Police; however, | 21 |
| these persons must at all other times
and in all other | 22 |
| places have their firearms unloaded and enclosed in a case;
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| (8) Nonresidents while at a firearm showing or display | 24 |
| recognized by
the Department of State Police; however, at | 25 |
| all other times and in all
other places these persons must | 26 |
| have their firearms unloaded and enclosed
in a case;
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| (9) Nonresidents whose firearms are unloaded and | 2 |
| enclosed in a case;
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| (10) Nonresidents who are currently licensed or | 4 |
| registered to possess a
firearm in their resident state;
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| (11) Unemancipated minors while in the custody and | 6 |
| immediate control of
their parent or legal guardian or | 7 |
| other person in loco parentis to the
minor if the parent or | 8 |
| legal guardian or other person in loco parentis to
the | 9 |
| minor has a currently valid Firearm Owner's Identification
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| Card;
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| (12) Color guards of bona fide veterans organizations | 12 |
| or members of bona
fide American Legion bands while using | 13 |
| firearms for ceremonial purposes
with blank ammunition;
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| (13) Nonresident hunters whose state of residence does | 15 |
| not require
them to be licensed or registered to possess a | 16 |
| firearm and only during
hunting season, with valid hunting | 17 |
| licenses, while accompanied by, and
using a firearm owned | 18 |
| by, a person who possesses a valid Firearm Owner's
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| Identification Card and while in an area within a | 20 |
| commercial club licensed
under the Wildlife Code where | 21 |
| hunting is permitted and controlled, but in
no instance | 22 |
| upon sites owned or managed by the Department of Natural
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| Resources;
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| (14) Resident hunters who are properly authorized to | 25 |
| hunt and,
while accompanied by a person who possesses a | 26 |
| valid Firearm Owner's
Identification Card, hunt in an area |
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| within a commercial club licensed
under the Wildlife Code | 2 |
| where hunting is permitted and controlled; and
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| (15) A person who is otherwise eligible to obtain a | 4 |
| Firearm Owner's
Identification Card under this Act and is | 5 |
| under the direct supervision of a
holder of a Firearm
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| Owner's Identification Card who is 18
21 years of age or | 7 |
| older while the person is
on a firing or shooting range
or | 8 |
| is a
participant in a firearms safety and training course | 9 |
| recognized by a law
enforcement agency or a national, | 10 |
| statewide shooting sports organization.
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| (c) The provisions of this Section regarding the | 12 |
| acquisition and possession
of firearms, firearm ammunition, | 13 |
| stun guns, and tasers do not apply to law enforcement officials
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| of this or any other jurisdiction, while engaged in the | 15 |
| operation of their
official duties.
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| (Source: P.A. 94-6, eff. 1-1-06.)
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| (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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| Sec. 4. (a) Each applicant for a Firearm Owner's | 19 |
| Identification Card must:
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| (1) Make application on blank forms prepared and | 21 |
| furnished at convenient
locations throughout the State by | 22 |
| the Department of State Police, or by
electronic means, if | 23 |
| and when made available by the Department of State
Police; | 24 |
| and
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| (2) Submit evidence to the Department of State Police |
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| that:
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| (i) He or she : | 3 |
| (I) is 21 years of age or over, | 4 |
| (II) is at least 18 years of age but
or if he | 5 |
| or she is under 21
years of age and has never been | 6 |
| convicted of a misdemeanor other than a traffic | 7 |
| offense or adjudged delinquent, or | 8 |
| (III) is under 18 years of age,
that he or she
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| has the written consent of his or her parent or
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| legal guardian to possess and acquire firearms and | 11 |
| firearm ammunition , and that
he or she has never | 12 |
| been convicted of a misdemeanor other than a | 13 |
| traffic
offense or adjudged
delinquent, provided, | 14 |
| however, that such parent or legal guardian is not | 15 |
| an
individual prohibited from having a Firearm | 16 |
| Owner's Identification Card and
files an affidavit | 17 |
| with the Department as prescribed by the | 18 |
| Department
stating that he or she is not an | 19 |
| individual prohibited from having a Card;
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| (ii) He or she has not been convicted of a felony | 21 |
| under the laws of
this or any other jurisdiction;
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| (iii) He or she is not addicted to narcotics;
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| (iv) He or she has not been a patient in a mental | 24 |
| institution within
the past 5 years;
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| (v) He or she is not mentally retarded;
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| (vi) He or she is not an alien who is unlawfully |
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| present in the
United States under the laws of the | 2 |
| United States;
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| (vii) He or she is not subject to an existing order | 4 |
| of protection
prohibiting him or her from possessing a | 5 |
| firearm;
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| (viii) He or she has not been convicted within the | 7 |
| past 5 years of
battery, assault, aggravated assault, | 8 |
| violation of an order of
protection, or a substantially | 9 |
| similar offense in another jurisdiction, in
which a | 10 |
| firearm was used or possessed;
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| (ix) He or she has not been convicted of domestic | 12 |
| battery or a
substantially similar offense in another
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| jurisdiction committed on or after the effective date | 14 |
| of this amendatory Act
of 1997;
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| (x) He or she has not been convicted within the | 16 |
| past 5 years of domestic
battery or a substantially | 17 |
| similar offense in another jurisdiction committed
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| before the effective date of this amendatory Act of | 19 |
| 1997;
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| (xi) He or she is not an alien who has been | 21 |
| admitted to the United
States under a non-immigrant | 22 |
| visa (as that term is defined in Section
101(a)(26) of | 23 |
| the Immigration and Nationality Act (8 U.S.C. | 24 |
| 1101(a)(26))),
or that he or she is an alien who has | 25 |
| been lawfully admitted to the United
States under a | 26 |
| non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful | 2 |
| hunting or sporting
purposes;
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| (2) an official representative of a foreign | 4 |
| government who is:
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| (A) accredited to the United States | 6 |
| Government or the Government's
mission to an | 7 |
| international organization having its | 8 |
| headquarters in the United
States; or
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| (B) en route to or from another country to | 10 |
| which that alien is
accredited;
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| (3) an official of a foreign government or | 12 |
| distinguished foreign
visitor who has been so | 13 |
| designated by the Department of State;
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| (4) a foreign law enforcement officer of a | 15 |
| friendly foreign
government entering the United | 16 |
| States on official business; or
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| (5) one who has received a waiver from the | 18 |
| Attorney General of the
United States pursuant to | 19 |
| 18 U.S.C. 922(y)(3);
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| (xii) He or she is not a minor subject to a | 21 |
| petition filed
under Section 5-520 of the Juvenile | 22 |
| Court Act of 1987 alleging that the
minor is a | 23 |
| delinquent minor for the commission of an offense that | 24 |
| if
committed by an adult would be a felony; and
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| (xiii) He or she is not an adult who had been | 26 |
| adjudicated a delinquent
minor under the Juvenile |
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| Court Act of 1987 for the commission of an offense
that | 2 |
| if committed by an adult would be a felony; and
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| (3) Upon request by the Department of State Police, | 4 |
| sign a release on a
form prescribed by the Department of | 5 |
| State Police waiving any right to
confidentiality and | 6 |
| requesting the disclosure to the Department of State Police
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| of limited mental health institution admission information | 8 |
| from another state,
the District of Columbia, any other | 9 |
| territory of the United States, or a
foreign nation | 10 |
| concerning the applicant for the sole purpose of | 11 |
| determining
whether the applicant is or was a patient in a | 12 |
| mental health institution and
disqualified because of that | 13 |
| status from receiving a Firearm Owner's
Identification | 14 |
| Card. No mental health care or treatment records may be
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| requested. The information received shall be destroyed | 16 |
| within one year of
receipt.
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| (a-5) Each applicant for a Firearm Owner's Identification | 18 |
| Card who is over
the age of 18 shall furnish to the Department | 19 |
| of State Police either his or
her driver's license number or | 20 |
| Illinois Identification Card number.
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| (a-10) Each applicant for a Firearm Owner's Identification | 22 |
| Card,
who is employed as an armed security officer at a nuclear | 23 |
| energy,
storage, weapons, or development facility regulated by | 24 |
| the Nuclear
Regulatory Commission and who is not an Illinois | 25 |
| resident, shall furnish to
the Department of State Police his | 26 |
| or her driver's license number or state
identification card |
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| number from his or her state of residence. The Department
of | 2 |
| State Police may promulgate rules to enforce the provisions of | 3 |
| this
subsection (a-10).
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| (b) Each application form shall include the following | 5 |
| statement printed in
bold type: "Warning: Entering false | 6 |
| information on an application for a Firearm
Owner's | 7 |
| Identification Card is punishable as a Class 2 felony in | 8 |
| accordance
with subsection (d-5) of Section 14 of the Firearm | 9 |
| Owners Identification Card
Act.".
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| (c) Upon such written consent, pursuant to Section 4, | 11 |
| paragraph (a)(2)(i) (III) ,
the parent or legal guardian giving | 12 |
| the consent shall be liable for any
damages resulting from the | 13 |
| applicant's use of firearms or firearm ammunition.
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| (Source: P.A. 92-442, eff.
8-17-01; 92-839, eff. 8-22-02; | 15 |
| 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)
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| (430 ILCS 65/7) (from Ch. 38, par. 83-7)
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| Sec. 7. | 18 |
| (a) Except as provided in subsection (b) of this Section | 19 |
| and Section 8 of this Act, a Firearm Owner's
Identification | 20 |
| Card issued under the provisions of this Act shall be valid
for | 21 |
| the person to whom it is issued for a period of 5 years from the | 22 |
| date
of issuance.
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| (b) A Firearm Owner's
Identification Card issued to a | 24 |
| veteran of the Armed Services or Reserve Forces of the United | 25 |
| States or of the Illinois National Guard who has been called |
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| into service of the United States and whose service is outside | 2 |
| the State of Illinois shall expire 6 months after the discharge | 3 |
| of the veteran from service if his or her Firearm Owner's
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| Identification Card expired during his or her service in the | 5 |
| Armed Services or Reserve Forces of the United States or in the | 6 |
| Illinois National Guard.
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| (Source: Laws 1967, p. 2600.)
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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 | 10 |
| deny an
application for or to revoke and seize a Firearm | 11 |
| Owner's Identification
Card previously issued under this Act | 12 |
| only if the Department finds that the
applicant or the person | 13 |
| 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 | 15 |
| of a
misdemeanor other than a traffic offense or adjudged | 16 |
| delinquent;
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| (b) A person under 18
21 years of age who does not have the | 18 |
| written consent
of his parent or guardian to acquire and | 19 |
| possess firearms and firearm
ammunition, or whose parent or | 20 |
| guardian has revoked such written consent,
or where such parent | 21 |
| 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 | 24 |
| or any other
jurisdiction;
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| (d) A person addicted to narcotics;
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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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| 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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| 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.
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| (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04 .)
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