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90_HB3652
430 ILCS 65/8 from Ch. 38, par. 83-8
Amends the Firearm Owners Identification Card Act. To
the general provision that a person who has been a patient of
a mental institution within the past 5 years may be denied a
FOID card, makes an exception for a certified, sworn law
enforcement official who has been certified as being fit for
duty by a physician licensed to practice medicine in all of
its branches and who has been certified as being fit for duty
to the Director of State Police by the chief law enforcement
executive of the law enforcement agency by which the official
is employed. Effective immediately.
LRB9009727DJcd
LRB9009727DJcd
1 AN ACT to amend the Firearm Owners Identification Card
2 Act by changing Section 8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Firearm Owners Identification Card Act is
6 amended by changing Section 8 as 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
13 issuance:
14 (a) A person under 21 years of age who has been
15 convicted of a misdemeanor other than a traffic offense or
16 adjudged delinquent;
17 (b) A person under 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
21 parent or guardian does not qualify to have a Firearm Owner's
22 Identification Card;
23 (c) A person convicted of a felony under the laws of
24 this or any other jurisdiction;
25 (d) A person addicted to narcotics;
26 (e) A person who has been a patient of a mental
27 institution within the past 5 years; except that this
28 paragraph (e) does not apply to a certified, sworn law
29 enforcement official who (i) has been a patient of a mental
30 institution within the past 5 years, (ii) has been certified
31 as being fit for duty by a physician licensed to practice
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1 medicine in all of its branches, and (iii) has been certified
2 as being fit for duty to the Director of State Police by the
3 chief law enforcement executive of the law enforcement agency
4 by which the official is employed;
5 (f) A person whose mental condition is of such a nature
6 that it poses a clear and present danger to the applicant,
7 any other person or persons or the community;
8 For the purposes of this Section, "mental condition"
9 means a state of mind manifested by violent, suicidal,
10 threatening or assaultive behavior.
11 (g) A person who is mentally retarded;
12 (h) A person who intentionally makes a false statement
13 in the Firearm Owner's Identification Card application;
14 (i) An alien who is unlawfully present in the United
15 States under the laws of the United States;
16 (j) A person who is subject to an existing order of
17 protection prohibiting him or her from possessing a firearm;
18 (k) A person who has been convicted within the past 5
19 years of battery, assault, aggravated assault, violation of
20 an order of protection, or a substantially similar offense in
21 another jurisdiction, in which a firearm was used or
22 possessed; or
23 (l) A person who has been convicted of domestic battery
24 or a substantially similar offense in another jurisdiction
25 committed on or after January 1, 1998; the effective date of
26 this amendatory Act of 1997; or
27 (m) A person who has been convicted within the past 5
28 years of domestic battery or a substantially similar offense
29 in another jurisdiction committed before January 1, 1998; or
30 the effective date of this amendatory Act of 1997.
31 (n) (l) A person who is prohibited from acquiring or
32 possessing firearms or firearm ammunition by any Illinois
33 State statute or by federal law.
34 (Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
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1 90-493, eff. 1-1-98; revised 11-17-97.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.