Full Text of HB5191 095th General Assembly
HB5191eng 95TH GENERAL ASSEMBLY
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HB5191 Engrossed |
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LRB095 15204 RLC 45977 b |
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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 Section 8 as follows:
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| (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| (Text of Section after amendment by P.A. 95-581 )
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| 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:
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| (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;
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| (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
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| Identification Card;
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| (b-5) A parent or guardian of a person under 21 years of | 23 |
| age who is unable to prevent his or her child under 21 years of |
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| age from gaining access to a firearm or ammunition, or both, | 2 |
| when (1) the child upon 2 occasions has had possession of his | 3 |
| or her parent or guardian's firearm or ammunition, or both, | 4 |
| without the parent or guardian's permission as evidenced | 5 |
| through documentation in any arrest record, Department of | 6 |
| Children and Family Services investigation, school record, | 7 |
| juvenile court record, or other public record, and (2) the | 8 |
| child met the criteria for severe or major mood disorder or | 9 |
| severe conduct disorder (evidenced by behavior such as forced | 10 |
| sex, physical cruelty, use of a weapon, stealing while | 11 |
| confronting a victim, breaking and entering), or both, as | 12 |
| defined in the DSM-IV-TR published by the American Psychiatric | 13 |
| Association, or the child is an adjudicated delinquent minor | 14 |
| for acts involving aggressive or violent behavior; | 15 |
| (c) A person convicted of a felony under the laws of this | 16 |
| 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 | 19 |
| within the
past 5 years or has been adjudicated as a mental | 20 |
| defective;
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| (f) A person whose mental condition is of such a nature | 22 |
| that it poses
a clear and present danger to the applicant, any | 23 |
| other person or persons or
the community;
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| For the purposes of this Section, "mental condition" means | 25 |
| a state of
mind manifested by violent, suicidal, threatening or | 26 |
| 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 | 3 |
| the Firearm
Owner's Identification Card application;
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| (i) An alien who is unlawfully present in
the United States | 5 |
| under the laws of the United States;
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| (i-5) An alien who has been admitted to the United States | 7 |
| under a
non-immigrant visa (as that term is defined in Section | 8 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 9 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply | 10 |
| to any alien who has been lawfully admitted to
the United | 11 |
| States under a non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful hunting or | 13 |
| sporting purposes;
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| (2) an official representative of a foreign government | 15 |
| who is:
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| (A) accredited to the United States Government or | 17 |
| the Government's
mission to an international | 18 |
| 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 | 21 |
| that alien is
accredited;
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| (3) an official of a foreign government or | 23 |
| distinguished foreign visitor
who has been so designated by | 24 |
| the Department of State;
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| (4) a foreign law enforcement officer of a friendly | 26 |
| foreign government
entering the United States on official |
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| business; or
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| (5) one who has received a waiver from the Attorney | 3 |
| General of the United
States pursuant to 18 U.S.C. | 4 |
| 922(y)(3);
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| (j) A person who is subject to an existing order of | 6 |
| 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 | 8 |
| of battery,
assault, aggravated assault, violation of an order | 9 |
| of protection, or a
substantially similar offense in another | 10 |
| jurisdiction, in which a firearm was
used or possessed;
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| (l) A person who has been convicted of domestic battery or | 12 |
| a substantially
similar offense in another jurisdiction | 13 |
| committed on or after January 1,
1998;
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| (m) A person who has been convicted within the past 5 years | 15 |
| of domestic
battery or a substantially similar offense in | 16 |
| 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 | 19 |
| by federal
law;
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| (o) A minor subject to a petition filed under Section 5-520 | 21 |
| of the
Juvenile Court Act of 1987 alleging that the minor is a | 22 |
| delinquent minor for
the commission of an offense that if | 23 |
| committed by an adult would be a felony;
or
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| (p) An adult who had been adjudicated a delinquent minor | 25 |
| under the Juvenile
Court Act of 1987 for the commission of an | 26 |
| offense that if committed by an
adult would be a felony.
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| (q) Notwithstanding any other rulemaking authority that | 2 |
| may exist, neither the Governor nor any agency or agency head | 3 |
| under the jurisdiction of the Governor has any authority to | 4 |
| make or promulgate rules to implement or enforce the provisions | 5 |
| of this amendatory Act of the 95th General Assembly. If, | 6 |
| however, the Governor believes that rules are necessary to | 7 |
| implement or enforce the provisions of this amendatory Act of | 8 |
| the 95th General Assembly, the Governor may suggest rules to | 9 |
| the General Assembly by filing them with the Clerk of the House | 10 |
| and the Secretary of the Senate and by requesting that the | 11 |
| General Assembly authorize such rulemaking by law, enact those | 12 |
| suggested rules into law, or take any other appropriate action | 13 |
| in the General Assembly's discretion. Nothing contained in this | 14 |
| amendatory Act of the 95th General Assembly shall be | 15 |
| interpreted to grant rulemaking authority under any other | 16 |
| Illinois statute where such authority is not otherwise | 17 |
| explicitly given. For the purposes of this Section, "rules" is | 18 |
| given the meaning contained in Section 1-70 of the Illinois | 19 |
| Administrative Procedure Act, and "agency" and "agency head" | 20 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 21 |
| the Illinois Administrative Procedure Act to the extent that | 22 |
| such definitions apply to agencies or agency heads under the | 23 |
| jurisdiction of the Governor. | 24 |
| (Source: P.A. 95-581, eff. 6-1-08.)
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