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90_HB0392
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/8 from Ch. 38, par. 83-8
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
Amends the Firearm Owners Identification Card Act and the
Criminal Code of 1961 to expand the offense of unlawful use
of weapons by felons to include persons convicted of domestic
battery or a violation of an order of protection or a
substantially similar offense of another jurisdiction.
Prohibits issuance of a Firearm Owners Identification Card to
persons convicted of those offenses. Present law prohibits
the issuance of a Firearm Owner's Identification Card and
provides for revocation of a Card of a person who has been
convicted within the past 5 years of domestic battery or a
violation of an order of protection in which a firearm was
used or possessed.
LRB9001373RCcc
LRB9001373RCcc
1 AN ACT in relation to firearms, amending named Acts.
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 4 and 8 as follows:
6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
7 Sec. 4. (a) Each applicant for a Firearm Owner's
8 Identification Card shall:
9 (1) Make application on blank forms prepared and
10 furnished at convenient locations throughout the State by
11 the Department of State Police; and
12 (2) Submit evidence under penalty of perjury to the
13 Department of State Police that:
14 (i) He is 21 years of age or over, or if he is
15 under 21 years of age that he has the written
16 consent of his parent or legal guardian to possess
17 and acquire firearms and firearm ammunition and that
18 he has never been convicted of a misdemeanor other
19 than a traffic offense or adjudged delinquent,
20 provided, however, that such parent or legal
21 guardian is not an individual prohibited from having
22 a Firearm Owner's Identification Card and files an
23 affidavit with the Department as prescribed by the
24 Department stating that he is not an individual
25 prohibited from having a Card;
26 (ii) He has not been convicted of a felony
27 under the laws of this or any other jurisdiction;
28 (ii-a) He has not been convicted of domestic
29 battery or a violation of an order of protection or
30 a substantially similar offense of another
31 jurisdiction;
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1 (iii) He is not addicted to narcotics;
2 (iv) He has not been a patient in a mental
3 institution within the past 5 years;
4 (v) He is not mentally retarded;
5 (vi) He is not an alien who is unlawfully
6 present in the United States under the laws of the
7 United States;
8 (vii) He or she is not subject to an existing
9 order of protection prohibiting him or her from
10 possessing a firearm; and
11 (viii) He or she has not been convicted within
12 the past 5 years of domestic battery, battery,
13 assault, aggravated assault, violation of an order
14 of protection, or a substantially similar offense in
15 another jurisdiction, in which a firearm was used or
16 possessed.
17 (b) Each application form shall include the following
18 statement printed in bold type: "Warning: False statements
19 of the applicant shall result in prosecution for perjury in
20 accordance with Section 32-2 of the Criminal Code of 1961.".
21 (c) Upon such written consent, pursuant to Section 4,
22 paragraph (a) (2) (i), the parent or legal guardian giving
23 the consent shall be liable for any damages resulting from
24 the applicant's use of firearms or firearm ammunition.
25 (Source: P.A. 88-680, eff. 1-1-95; 89-367, eff. 1-1-96.)
26 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
27 Sec. 8. The Department of State Police has authority to
28 deny an application for or to revoke and seize a Firearm
29 Owner's Identification Card previously issued under this Act
30 only if the Department finds that the applicant or the person
31 to whom such card was issued is or was at the time of
32 issuance:
33 (a) A person under 21 years of age who has been
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1 convicted of a misdemeanor other than a traffic offense or
2 adjudged delinquent;
3 (b) A person under 21 years of age who does not have the
4 written consent of his parent or guardian to acquire and
5 possess firearms and firearm ammunition, or whose parent or
6 guardian has revoked such written consent, or where such
7 parent or guardian does not qualify to have a Firearm Owner's
8 Identification Card;
9 (c) A person convicted of a felony under the laws of
10 this or any other jurisdiction;
11 (c.5) A person convicted of domestic battery or a
12 violation of an order of protection or a substantially
13 similar offense of another jurisdiction;
14 (d) A person addicted to narcotics;
15 (e) A person who has been a patient of a mental
16 institution within the past 5 years;
17 (f) A person whose mental condition is of such a nature
18 that it poses a clear and present danger to the applicant,
19 any other person or persons or the community;
20 For the purposes of this Section, "mental condition"
21 means a state of mind manifested by violent, suicidal,
22 threatening or assaultive behavior.
23 (g) A person who is mentally retarded;
24 (h) A person who intentionally makes a false statement
25 in the Firearm Owner's Identification Card application;
26 (i) An alien who is unlawfully present in the United
27 States under the laws of the United States;
28 (j) A person who is subject to an existing order of
29 protection prohibiting him or her from possessing a firearm;
30 or
31 (k) A person who has been convicted within the past 5
32 years of domestic battery, battery, assault, aggravated
33 assault, violation of an order of protection, or a
34 substantially similar offense in another jurisdiction, in
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1 which a firearm was used or possessed.
2 (Source: P.A. 88-680, eff. 1-1-95; 89-367, eff. 1-1-96.)
3 Section 10. The Criminal Code of 1961 is amended by
4 changing Section 24-1.1 as follows:
5 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
6 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
7 Felons, certain misdemeanor offenders, or Persons in the
8 Custody of the Department of Corrections Facilities.
9 (a) It is unlawful for a person to knowingly possess on
10 or about his person or on his land or in his own abode or
11 fixed place of business any weapon prohibited under Section
12 24-1 of this Act or any firearm or any firearm ammunition if
13 (i) the person has been convicted of a felony under the laws
14 of this State or any other jurisdiction or (ii) has been
15 convicted of domestic battery or a violation of an order of
16 protection or a substantially similar offense of another
17 jurisdiction. This Section shall not apply if the person has
18 been granted relief by the Director of the Department of
19 State Police under Section 10 of the Firearm Owners
20 Identification Card Act.
21 (b) It is unlawful for any person confined in a penal
22 institution, which is a facility of the Illinois Department
23 of Corrections, to possess any weapon prohibited under
24 Section 24-1 of this Code or any firearm or firearm
25 ammunition, regardless of the intent with which he possesses
26 it.
27 (c) It shall be an affirmative defense to a violation of
28 subsection (b), that such possession was specifically
29 authorized by rule, regulation, or directive of the Illinois
30 Department of Corrections or order issued pursuant thereto.
31 (d) The defense of necessity is not available to a
32 person who is charged with a violation of subsection (b) of
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1 this Section.
2 (e) Sentence. Violation of this Section by a person not
3 confined in a penal institution shall be a Class 3 felony.
4 Any person who violates this Section while confined in a
5 penal institution, which is a facility of the Illinois
6 Department of Corrections, is guilty of a Class 1 felony, if
7 he possesses any weapon prohibited under Section 24-1 of this
8 Code regardless of the intent with which he possesses it, and
9 a Class X felony if he possesses any firearm, firearm
10 ammunition or explosive.
11 (Source: P.A. 88-300.)