Full Text of HB2924 103rd General Assembly
HB2924 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2924 Introduced 2/16/2023, by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/2 | from Ch. 38, par. 83-2 | 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. Provides that a person who is not an active duty member of the United States Armed Forces or the Illinois National Guard may apply for a Firearm Owner's Identification Card without parental consent if the person is at least 18 (rather than 21) years of age. Exempts from the requirement of having in one's possession a Firearm Owner's Identification Card a person who is otherwise eligible to obtain a Firearm Owner's
Identification Card and is under the direct supervision of a
holder of a Firearm
Owner's Identification Card who is 18 (rather than 21) years of age or older while the person is
on a firing or shooting range
or is a
participant in a firearms safety and training course recognized by a law
enforcement agency or a national, statewide shooting sports organization.
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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 2, 4, and 8 as follows:
| 6 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 7 | | Sec. 2. Firearm Owner's Identification Card required; | 8 | | exceptions.
| 9 | | (a) (1) No person may acquire or possess any firearm, stun | 10 | | gun, or taser within this State
without having in his or her | 11 | | possession a Firearm Owner's Identification Card
previously | 12 | | issued in his or her name by the Illinois State Police under
| 13 | | the provisions of this Act.
| 14 | | (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 his | 17 | | or her name by the Illinois State Police
under the provisions | 18 | | of this Act.
| 19 | | (b) The provisions of this Section regarding the | 20 | | possession of firearms, firearm ammunition, stun guns, and | 21 | | tasers do not apply to:
| 22 | | (1) United States Marshals, while engaged in the | 23 | | operation of their
official duties;
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| 1 | | (2) Members of the Armed Forces of the United States | 2 | | or the National
Guard, while engaged in the operation of | 3 | | their official duties;
| 4 | | (3) Federal officials required to carry firearms, | 5 | | while engaged in the
operation of their official duties;
| 6 | | (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;
| 10 | | (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 | 13 | | and in all other places these persons must have their
| 14 | | firearms unloaded and enclosed in a case;
| 15 | | (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;
| 19 | | (7) Nonresidents while on a firing or shooting range | 20 | | recognized by the
Illinois State Police; however, these | 21 | | persons must at all other times
and in all other places | 22 | | have their firearms unloaded and enclosed in a case;
| 23 | | (8) Nonresidents while at a firearm showing or display | 24 | | recognized by
the Illinois State Police; however, at all | 25 | | other times and in all
other places these persons must | 26 | | have their firearms unloaded and enclosed
in a case;
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| 1 | | (9) Nonresidents whose firearms are unloaded and | 2 | | enclosed in a case;
| 3 | | (10) Nonresidents who are currently licensed or | 4 | | registered to possess a
firearm in their resident state;
| 5 | | (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
| 10 | | Card;
| 11 | | (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;
| 14 | | (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
| 19 | | 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
| 23 | | Resources;
| 24 | | (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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| 1 | | within a commercial club licensed
under the Wildlife Code | 2 | | where hunting is permitted and controlled; and
| 3 | | (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
| 6 | | 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. | 11 | | (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 | 14 | | officials
of this or any other jurisdiction, while engaged in | 15 | | the operation of their
official duties.
| 16 | | (c-5) The provisions of paragraphs (1) and (2) of | 17 | | subsection (a) of this Section regarding the possession of | 18 | | firearms
and firearm ammunition do not apply to the holder of a | 19 | | valid concealed carry
license issued under the Firearm | 20 | | Concealed Carry Act who is in physical
possession of the | 21 | | concealed carry license. | 22 | | (d) Any person who becomes a resident of this State, who is | 23 | | not otherwise prohibited from obtaining, possessing, or using | 24 | | a firearm or firearm ammunition, shall not be required to have | 25 | | a Firearm Owner's Identification Card to possess firearms or | 26 | | firearms ammunition until 60 calendar days after he or she |
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| 1 | | obtains an Illinois driver's license or Illinois | 2 | | Identification Card. | 3 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
| 4 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 5 | | Sec. 4. Application for Firearm Owner's Identification | 6 | | Cards. | 7 | | (a) Each applicant for a Firearm Owner's Identification | 8 | | Card must:
| 9 | | (1) Submit an application as made available by the | 10 | | Illinois State Police; and
| 11 | | (2) Submit evidence to the Illinois State Police that:
| 12 | | (i) (Blank); This subparagraph (i) applies through | 13 | | the 180th day following July 12, 2019 (the effective | 14 | | date of Public Act 101-80). He or she is 21 years of | 15 | | age or over, or if he or she is under 21
years of age | 16 | | that he or she has the written consent of his or her | 17 | | parent or
legal guardian to possess and acquire | 18 | | firearms and firearm ammunition and that
he or she has | 19 | | never been convicted of a misdemeanor other than a | 20 | | traffic
offense or adjudged
delinquent, provided, | 21 | | however, that such parent or legal guardian is not an
| 22 | | individual prohibited from having a Firearm Owner's | 23 | | Identification Card and
files an affidavit with the | 24 | | Department as prescribed by the Department
stating | 25 | | that he or she is not an individual prohibited from |
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| 1 | | having a Card; | 2 | | (i-5) This subparagraph (i-5) applies on and after | 3 | | the 181st day following July 12, 2019 (the effective | 4 | | date of Public Act 101-80). He or she is 18 21 years of | 5 | | age or over, or if he or she is under 18 21
years of | 6 | | age that he or she has never been convicted of a | 7 | | misdemeanor other than a traffic offense or adjudged | 8 | | delinquent and is an active duty member of the United | 9 | | States Armed Forces or the Illinois National Guard or | 10 | | has the written consent of his or her parent or
legal | 11 | | guardian to possess and acquire firearms and firearm | 12 | | ammunition, provided, however, that such parent or | 13 | | legal guardian is not an
individual prohibited from | 14 | | having a Firearm Owner's Identification Card and
files | 15 | | an affidavit with the Illinois State Police as | 16 | | prescribed by the Illinois State Police
stating that | 17 | | he or she is not an individual prohibited from having a | 18 | | Card or the active duty member of the United States | 19 | | Armed Forces or the Illinois National Guard under 21 | 20 | | years of age annually submits proof to the Illinois | 21 | | State Police, in a manner prescribed by the Illinois | 22 | | State Police ;
| 23 | | (ii) He or she has not been convicted of a felony | 24 | | under the laws of
this or any other jurisdiction;
| 25 | | (iii) He or she is not addicted to narcotics;
| 26 | | (iv) He or she has not been a patient in a mental |
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| 1 | | health facility within
the past 5 years or, if he or | 2 | | she has been a patient in a mental health facility more | 3 | | than 5 years ago submit the certification required | 4 | | under subsection (u) of Section 8 of this Act;
| 5 | | (v) He or she is not a person with an intellectual | 6 | | disability;
| 7 | | (vi) He or she is not a noncitizen who is | 8 | | unlawfully present in the
United States under the laws | 9 | | of the United States;
| 10 | | (vii) He or she is not subject to an existing order | 11 | | of protection
prohibiting him or her from possessing a | 12 | | firearm;
| 13 | | (viii) He or she has not been convicted within the | 14 | | past 5 years of
battery, assault, aggravated assault, | 15 | | violation of an order of
protection, or a | 16 | | substantially similar offense in another jurisdiction, | 17 | | in
which a firearm was used or possessed;
| 18 | | (ix) He or she has not been convicted of domestic | 19 | | battery, aggravated domestic battery, or a
| 20 | | substantially similar offense in another
jurisdiction | 21 | | committed before, on or after January 1, 2012 (the | 22 | | effective date of Public Act 97-158). If the applicant | 23 | | knowingly and intelligently waives the right to have | 24 | | an offense described in this clause (ix) tried by a | 25 | | jury, and by guilty plea or otherwise, results in a | 26 | | conviction for an offense in which a domestic |
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| 1 | | relationship is not a required element of the offense | 2 | | but in which a determination of the applicability of | 3 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | 4 | | the Code of Criminal Procedure of 1963, an entry by the | 5 | | court of a judgment of conviction for that offense | 6 | | shall be grounds for denying the issuance of a Firearm | 7 | | Owner's Identification Card under this Section;
| 8 | | (x) (Blank);
| 9 | | (xi) He or she is not a noncitizen who has been | 10 | | admitted to the United
States under a non-immigrant | 11 | | visa (as that term is defined in Section
101(a)(26) of | 12 | | the Immigration and Nationality Act (8 U.S.C. | 13 | | 1101(a)(26))),
or that he or she is a noncitizen who | 14 | | has been lawfully admitted to the United
States under | 15 | | a non-immigrant visa if that noncitizen is:
| 16 | | (1) admitted to the United States for lawful | 17 | | hunting or sporting
purposes;
| 18 | | (2) an official representative of a foreign | 19 | | government who is:
| 20 | | (A) accredited to the United States | 21 | | Government or the Government's
mission to an | 22 | | international organization having its | 23 | | headquarters in the United
States; or
| 24 | | (B) en route to or from another country to | 25 | | which that noncitizen is
accredited;
| 26 | | (3) an official of a foreign government or |
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| 1 | | distinguished foreign
visitor who has been so | 2 | | designated by the Department of State;
| 3 | | (4) a foreign law enforcement officer of a | 4 | | friendly foreign
government entering the United | 5 | | States on official business; or
| 6 | | (5) one who has received a waiver from the | 7 | | Attorney General of the
United States pursuant to | 8 | | 18 U.S.C. 922(y)(3);
| 9 | | (xii) He or she is not a minor subject to a | 10 | | petition filed
under Section 5-520 of the Juvenile | 11 | | Court Act of 1987 alleging that the
minor is a | 12 | | delinquent minor for the commission of an offense that | 13 | | if
committed by an adult would be a felony;
| 14 | | (xiii) He or she is not an adult who had been | 15 | | adjudicated a delinquent
minor under the Juvenile | 16 | | Court Act of 1987 for the commission of an offense
that | 17 | | if committed by an adult would be a felony;
| 18 | | (xiv) He or she is a resident of the State of | 19 | | Illinois; | 20 | | (xv) He or she has not been adjudicated as a person | 21 | | with a mental disability; | 22 | | (xvi) He or she has not been involuntarily | 23 | | admitted into a mental health facility; and | 24 | | (xvii) He or she is not a person with a | 25 | | developmental disability; and | 26 | | (3) Upon request by the Illinois State Police, sign a |
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| 1 | | release on a
form prescribed by the Illinois State Police | 2 | | waiving any right to
confidentiality and requesting the | 3 | | disclosure to the Illinois State Police
of limited mental | 4 | | health institution admission information from another | 5 | | state,
the District of Columbia, any other territory of | 6 | | the United States, or a
foreign nation concerning the | 7 | | applicant for the sole purpose of determining
whether the | 8 | | applicant is or was a patient in a mental health | 9 | | institution and
disqualified because of that status from | 10 | | receiving a Firearm Owner's
Identification Card. No mental | 11 | | health care or treatment records may be
requested. The | 12 | | information received shall be destroyed within one year of
| 13 | | receipt.
| 14 | | (a-5) Each applicant for a Firearm Owner's Identification | 15 | | Card who is over
the age of 18 shall furnish to the Illinois | 16 | | State Police either his or
her Illinois driver's license | 17 | | number or Illinois Identification Card number, except as
| 18 | | provided in subsection (a-10).
| 19 | | (a-10) Each applicant for a Firearm Owner's Identification | 20 | | Card,
who is employed as a law enforcement officer, an armed | 21 | | security officer in Illinois, or by the United States Military
| 22 | | permanently assigned in Illinois and who is not an Illinois | 23 | | resident, shall furnish to
the Illinois State Police his or | 24 | | her driver's license number or state
identification card | 25 | | number from his or her state of residence. The Illinois State | 26 | | Police may adopt rules to enforce the provisions of this
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| 1 | | subsection (a-10).
| 2 | | (a-15) If an applicant applying for a Firearm Owner's | 3 | | Identification Card moves from the residence address named in | 4 | | the application, he or she shall immediately notify in a form | 5 | | and manner prescribed by the Illinois State Police of that | 6 | | change of address. | 7 | | (a-20) Each applicant for a Firearm Owner's Identification | 8 | | Card shall furnish to the Illinois State Police his or her | 9 | | photograph. An applicant who is 18 21 years of age or older | 10 | | seeking a religious exemption to the photograph requirement | 11 | | must furnish with the application an approved copy of United | 12 | | States Department of the Treasury Internal Revenue Service | 13 | | Form 4029. In lieu of a photograph, an applicant regardless of | 14 | | age seeking a religious exemption to the photograph | 15 | | requirement shall submit fingerprints on a form and manner | 16 | | prescribed by the Illinois State Police with his or her | 17 | | application. | 18 | | (a-25) Beginning January 1, 2023, each applicant for the | 19 | | issuance of a Firearm Owner's Identification Card may include | 20 | | a full set of his or her fingerprints in electronic format to | 21 | | the Illinois State Police, unless the applicant has previously | 22 | | provided a full set of his or her fingerprints to the Illinois | 23 | | State Police under this Act or the Firearm Concealed Carry | 24 | | Act. | 25 | | The fingerprints must be transmitted through a live scan | 26 | | fingerprint vendor licensed by the Department of Financial and |
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| 1 | | Professional Regulation. The fingerprints shall be checked | 2 | | against the fingerprint records now and hereafter filed in the | 3 | | Illinois State Police and Federal Bureau of Investigation | 4 | | criminal history records databases, including all available | 5 | | State and local criminal history record information files. | 6 | | The Illinois State Police shall charge applicants a | 7 | | one-time fee for conducting the criminal history record check, | 8 | | which shall be deposited into the State Police Services Fund | 9 | | and shall not exceed the actual cost of the State and national | 10 | | criminal history record check. | 11 | | (a-26) The Illinois State Police shall research, explore, | 12 | | and report to the General Assembly by January 1, 2022 on the | 13 | | feasibility of permitting voluntarily submitted fingerprints | 14 | | obtained for purposes other than Firearm Owner's | 15 | | Identification Card enforcement that are contained in the | 16 | | Illinois State Police database for purposes of this Act. | 17 | | (b) Each application form shall include the following | 18 | | statement printed in
bold type: "Warning: Entering false | 19 | | information on an application for a Firearm
Owner's | 20 | | Identification Card is punishable as a Class 2 felony in | 21 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 22 | | Owners Identification Card
Act.".
| 23 | | (c) Upon such written consent, pursuant to Section 4, | 24 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 25 | | consent shall be liable for any
damages resulting from the | 26 | | applicant's use of firearms or firearm ammunition.
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| 1 | | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | 2 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. | 3 | | 5-27-22; 102-1116, eff. 1-10-23.)
| 4 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 5 | | Sec. 8. Grounds for denial and revocation. The Illinois | 6 | | State Police has authority to deny an
application for or to | 7 | | revoke and seize a Firearm Owner's Identification
Card | 8 | | previously issued under this Act only if the Illinois State | 9 | | Police finds that the
applicant or the person to whom such card | 10 | | was issued is or was at the time
of issuance:
| 11 | | (a) A person under 21 years of age who has been | 12 | | convicted of a
misdemeanor other than a traffic offense or | 13 | | adjudged delinquent;
| 14 | | (b) (Blank). This subsection (b) applies through the | 15 | | 180th day following July 12, 2019 (the effective date of | 16 | | Public Act 101-80). A person under 21 years of age who does | 17 | | not have the written consent
of his parent or guardian to | 18 | | acquire and possess firearms and firearm
ammunition, or | 19 | | whose parent or guardian has revoked such written consent,
| 20 | | or where such parent or guardian does not qualify to have a | 21 | | Firearm Owner's
Identification Card; | 22 | | (b-5) This subsection (b-5) applies on and after the | 23 | | 181st day following July 12, 2019 (the effective date of | 24 | | Public Act 101-80). A person under 18 21 years of age who | 25 | | is not an active duty member of the United States Armed |
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| 1 | | Forces or the Illinois National Guard and does not have | 2 | | the written consent
of his or her parent or guardian to | 3 | | acquire and possess firearms and firearm
ammunition, or | 4 | | whose parent or guardian has revoked such written consent,
| 5 | | or where such parent or guardian does not qualify to have a | 6 | | Firearm Owner's
Identification Card;
| 7 | | (c) A person convicted of a felony under the laws of | 8 | | this or any other
jurisdiction;
| 9 | | (d) A person addicted to narcotics;
| 10 | | (e) A person who has been a patient of a mental health | 11 | | facility within the
past 5 years or a person who has been a | 12 | | patient in a mental health facility more than 5 years ago | 13 | | who has not received the certification required under | 14 | | subsection (u) of this Section. An active law enforcement | 15 | | officer employed by a unit of government or a Department | 16 | | of Corrections employee authorized to possess firearms who | 17 | | is denied, revoked, or has his or her Firearm Owner's | 18 | | Identification Card seized under this subsection (e) may | 19 | | obtain relief as described in subsection (c-5) of Section | 20 | | 10 of this Act if the officer or employee did not act in a | 21 | | manner threatening to the officer or employee, another | 22 | | person, or the public as determined by the treating | 23 | | clinical psychologist or physician, and the officer or | 24 | | employee seeks mental health treatment;
| 25 | | (f) A person whose mental condition is of such a | 26 | | nature that it poses
a clear and present danger to the |
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| 1 | | applicant, any other person or persons, or
the community;
| 2 | | (g) A person who has an intellectual disability;
| 3 | | (h) A person who intentionally makes a false statement | 4 | | in the Firearm
Owner's Identification Card application or | 5 | | endorsement affidavit;
| 6 | | (i) A noncitizen who is unlawfully present in
the | 7 | | United States under the laws of the United States;
| 8 | | (i-5) A noncitizen who has been admitted to the United | 9 | | States under a
non-immigrant visa (as that term is defined | 10 | | in Section 101(a)(26) of the
Immigration and Nationality | 11 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 12 | | (i-5) does not apply to any noncitizen who has been | 13 | | lawfully admitted to
the United States under a | 14 | | non-immigrant visa if that noncitizen is:
| 15 | | (1) admitted to the United States for lawful | 16 | | hunting or sporting purposes;
| 17 | | (2) an official representative of a foreign | 18 | | government who is:
| 19 | | (A) accredited to the United States Government | 20 | | or the Government's
mission to an international | 21 | | organization having its headquarters in the United
| 22 | | States; or
| 23 | | (B) en route to or from another country to | 24 | | which that noncitizen is
accredited;
| 25 | | (3) an official of a foreign government or | 26 | | distinguished foreign visitor
who has been so |
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| 1 | | designated by the Department of State;
| 2 | | (4) a foreign law enforcement officer of a | 3 | | friendly foreign government
entering the United States | 4 | | on official business; or
| 5 | | (5) one who has received a waiver from the | 6 | | Attorney General of the United
States pursuant to 18 | 7 | | U.S.C. 922(y)(3);
| 8 | | (j) (Blank);
| 9 | | (k) A person who has been convicted within the past 5 | 10 | | years of battery,
assault, aggravated assault, violation | 11 | | of an order of protection, or a
substantially similar | 12 | | offense in another jurisdiction, in which a firearm was
| 13 | | used or possessed;
| 14 | | (l) A person who has been convicted of domestic | 15 | | battery, aggravated domestic battery, or a substantially
| 16 | | similar offense in another jurisdiction committed before, | 17 | | on or after January 1, 2012 (the effective date of Public | 18 | | Act 97-158). If the applicant or person who has been | 19 | | previously issued a Firearm Owner's Identification Card | 20 | | under this Act knowingly and intelligently waives the | 21 | | right to have an offense described in this paragraph (l) | 22 | | tried by a jury, and by guilty plea or otherwise, results | 23 | | in a conviction for an offense in which a domestic | 24 | | relationship is not a required element of the offense but | 25 | | in which a determination of the applicability of 18 U.S.C. | 26 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
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| 1 | | Criminal Procedure of 1963, an entry by the court of a | 2 | | judgment of conviction for that offense shall be grounds | 3 | | for denying an application for and for revoking and | 4 | | seizing a Firearm Owner's Identification Card previously | 5 | | issued to the person under this Act;
| 6 | | (m) (Blank);
| 7 | | (n) A person who is prohibited from acquiring or | 8 | | possessing
firearms or firearm ammunition by any Illinois | 9 | | State statute or by federal
law;
| 10 | | (o) A minor subject to a petition filed under Section | 11 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 12 | | minor is a delinquent minor for
the commission of an | 13 | | offense that if committed by an adult would be a felony;
| 14 | | (p) An adult who had been adjudicated a delinquent | 15 | | minor under the Juvenile
Court Act of 1987 for the | 16 | | commission of an offense that if committed by an
adult | 17 | | would be a felony;
| 18 | | (q) A person who is not a resident of the State of | 19 | | Illinois, except as provided in subsection (a-10) of | 20 | | Section 4; | 21 | | (r) A person who has been adjudicated as a person with | 22 | | a mental disability; | 23 | | (s) A person who has been found to have a | 24 | | developmental disability; | 25 | | (t) A person involuntarily admitted into a mental | 26 | | health facility; or |
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| 1 | | (u) A person who has had his or her Firearm Owner's | 2 | | Identification Card revoked or denied under subsection (e) | 3 | | of this Section or item (iv) of paragraph (2) of | 4 | | subsection (a) of Section 4 of this Act because he or she | 5 | | was a patient in a mental health facility as provided in | 6 | | subsection (e) of this Section, shall not be permitted to | 7 | | obtain a Firearm Owner's Identification Card, after the | 8 | | 5-year period has lapsed, unless he or she has received a | 9 | | mental health evaluation by a physician, clinical | 10 | | psychologist, or qualified examiner as those terms are | 11 | | defined in the Mental Health and Developmental | 12 | | Disabilities Code, and has received a certification that | 13 | | he or she is not a clear and present danger to himself, | 14 | | herself, or others. The physician, clinical psychologist, | 15 | | or qualified examiner making the certification and his or | 16 | | her employer shall not be held criminally, civilly, or | 17 | | professionally liable for making or not making the | 18 | | certification required under this subsection, except for | 19 | | willful or wanton misconduct. This subsection does not | 20 | | apply to a person whose firearm possession rights have | 21 | | been restored through administrative or judicial action | 22 | | under Section 10 or 11 of this Act. | 23 | | Upon revocation of a person's Firearm Owner's | 24 | | Identification Card, the Illinois State Police shall provide | 25 | | notice to the person and the person shall comply with Section | 26 | | 9.5 of this Act. |
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| 1 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | 2 | | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | 3 | | 5-27-22; 102-1116, eff. 1-10-23.)
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