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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Police Training Act is amended by | ||||||||||||||||||||||||
5 | changing Section 10.7 as follows: | ||||||||||||||||||||||||
6 | (50 ILCS 705/10.7) | ||||||||||||||||||||||||
7 | Sec. 10.7. Mandatory training; police chief and deputy | ||||||||||||||||||||||||
8 | police chief. Each police chief and deputy police chief shall | ||||||||||||||||||||||||
9 | obtain at least 20 hours of training each year. The training | ||||||||||||||||||||||||
10 | must be approved by the Illinois Law Enforcement Training and | ||||||||||||||||||||||||
11 | Standards Board and must be related to law enforcement, | ||||||||||||||||||||||||
12 | management or executive development, or ethics , and must | ||||||||||||||||||||||||
13 | include
at least one course on the Firearm Owners | ||||||||||||||||||||||||
14 | Identification Card
Act, the Firearm Concealed Carry Act, and | ||||||||||||||||||||||||
15 | firearms investigations . This requirement may be satisfied by | ||||||||||||||||||||||||
16 | attending any training portion of a conference held by an | ||||||||||||||||||||||||
17 | association that represents chiefs of police that has been | ||||||||||||||||||||||||
18 | approved by the Illinois Law Enforcement Training and Standards | ||||||||||||||||||||||||
19 | Board. Any police chief and any deputy police chief, upon | ||||||||||||||||||||||||
20 | presentation of a certificate of completion from the person or | ||||||||||||||||||||||||
21 | entity conducting the training, shall be reimbursed by the | ||||||||||||||||||||||||
22 | municipality in accordance with the municipal policy | ||||||||||||||||||||||||
23 | regulating the terms of reimbursement, for his or her |
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| |||||||
1 | reasonable expenses in obtaining the training required under | ||||||
2 | this Section. No police chief or deputy police chief may attend | ||||||
3 | any recognized training offering without the prior approval of | ||||||
4 | his or her municipal mayor, manager, or immediate supervisor. | ||||||
5 | This Section does not apply to the City of Chicago or the | ||||||
6 | Sheriff's Police Department in Cook County.
| ||||||
7 | (Source: P.A. 94-354, eff. 1-1-06.) | ||||||
8 | Section 10. The Firearm Owners Identification Card Act is | ||||||
9 | amended by changing Sections 1.1, 3.1, 3.3, 8, and 9.5 as | ||||||
10 | follows:
| ||||||
11 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
12 | Sec. 1.1. For purposes of this Act:
| ||||||
13 | "Addicted to narcotics" means a person who has been: | ||||||
14 | (1) convicted of an offense involving the use or | ||||||
15 | possession of cannabis, a controlled substance, or | ||||||
16 | methamphetamine within the past year; or | ||||||
17 | (2) determined by the Department of State Police to be | ||||||
18 | addicted to narcotics based upon federal law or federal | ||||||
19 | guidelines. | ||||||
20 | "Addicted to narcotics" does not include possession or use | ||||||
21 | of a prescribed controlled substance under the direction and | ||||||
22 | authority of a physician or other person authorized to | ||||||
23 | prescribe the controlled substance when the controlled | ||||||
24 | substance is used in the prescribed manner. |
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| |||||||
1 | "Adjudicated as a person with a mental disability" means | ||||||
2 | the person is the subject of a determination by a court, board, | ||||||
3 | commission or other lawful authority that the person, as a | ||||||
4 | result of marked subnormal intelligence, or mental illness, | ||||||
5 | mental impairment, incompetency, condition, or disease: | ||||||
6 | (1) presents a clear and present danger to himself, | ||||||
7 | herself, or to others; | ||||||
8 | (2) lacks the mental capacity to manage his or her own | ||||||
9 | affairs or is adjudicated a person with a disability as | ||||||
10 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
11 | (3) is not guilty in a criminal case by reason of | ||||||
12 | insanity, mental disease or defect; | ||||||
13 | (3.5) is guilty but mentally ill, as provided in | ||||||
14 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
15 | (4) is incompetent to stand trial in a criminal case; | ||||||
16 | (5) is not guilty by reason of lack of mental | ||||||
17 | responsibility under Articles 50a and 72b of the Uniform | ||||||
18 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
19 | (6) is a sexually violent person under subsection (f) | ||||||
20 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
21 | Act; | ||||||
22 | (7) is a sexually dangerous person under the Sexually | ||||||
23 | Dangerous Persons Act; | ||||||
24 | (8) is unfit to stand trial under the Juvenile Court | ||||||
25 | Act of 1987; | ||||||
26 | (9) is not guilty by reason of insanity under the |
| |||||||
| |||||||
1 | Juvenile Court Act of 1987; | ||||||
2 | (10) is subject to involuntary admission as an | ||||||
3 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
4 | and Developmental Disabilities Code; | ||||||
5 | (11) is subject to involuntary admission as an | ||||||
6 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
7 | Health and Developmental Disabilities Code; | ||||||
8 | (12) is subject to judicial admission as set forth in | ||||||
9 | Section 4-500 of the Mental Health and Developmental | ||||||
10 | Disabilities Code; or | ||||||
11 | (13) is subject to the provisions of the Interstate | ||||||
12 | Agreements on Sexually Dangerous Persons Act. | ||||||
13 | "Clear and present danger" means a person who: | ||||||
14 | (1) communicates a serious threat of physical violence | ||||||
15 | against a reasonably identifiable victim or poses a clear | ||||||
16 | and imminent risk of serious physical injury to himself, | ||||||
17 | herself, or another person as determined by a physician, | ||||||
18 | clinical psychologist, or qualified examiner; or | ||||||
19 | (2) demonstrates threatening physical or verbal | ||||||
20 | behavior, such as violent, suicidal, or assaultive | ||||||
21 | threats, actions, or other behavior, as determined by a | ||||||
22 | physician, clinical psychologist, qualified examiner, | ||||||
23 | school administrator, or law enforcement official , | ||||||
24 | including any act that
is intended to cause or create a | ||||||
25 | risk and does cause or create a risk of death
or great | ||||||
26 | bodily harm to one or more persons . |
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| |||||||
1 | "Clinical psychologist" has the meaning provided in | ||||||
2 | Section 1-103 of the Mental Health and Developmental | ||||||
3 | Disabilities Code. | ||||||
4 | "Controlled substance" means a controlled substance or | ||||||
5 | controlled substance analog as defined in the Illinois | ||||||
6 | Controlled Substances Act. | ||||||
7 | "Counterfeit" means to copy or imitate, without legal | ||||||
8 | authority, with
intent
to deceive. | ||||||
9 | "Federally licensed firearm dealer" means a person who is | ||||||
10 | licensed as a federal firearms dealer under Section 923 of the | ||||||
11 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
12 | "Firearm" means any device, by
whatever name known, which | ||||||
13 | is designed to expel a projectile or projectiles
by the action | ||||||
14 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
15 | however:
| ||||||
16 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
17 | B-B gun which
expels a single globular projectile not | ||||||
18 | exceeding .18 inch in
diameter or which has a maximum | ||||||
19 | muzzle velocity of less than 700 feet
per second;
| ||||||
20 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
21 | B-B gun which expels breakable paint balls containing | ||||||
22 | washable marking colors; | ||||||
23 | (2) any device used exclusively for signalling or | ||||||
24 | safety and required or
recommended by the United States | ||||||
25 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
26 | (3) any device used exclusively for the firing of stud |
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| |||||||
1 | cartridges,
explosive rivets or similar industrial | ||||||
2 | ammunition; and
| ||||||
3 | (4) an antique firearm (other than a machine-gun) | ||||||
4 | which, although
designed as a weapon, the Department of | ||||||
5 | State Police finds by reason of
the date of its | ||||||
6 | manufacture, value, design, and other characteristics is
| ||||||
7 | primarily a collector's item and is not likely to be used | ||||||
8 | as a weapon.
| ||||||
9 | "Firearm ammunition" means any self-contained cartridge or | ||||||
10 | shotgun
shell, by whatever name known, which is designed to be | ||||||
11 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
12 | (1) any ammunition exclusively designed for use with a | ||||||
13 | device used
exclusively for signalling or safety and | ||||||
14 | required or recommended by the
United States Coast Guard or | ||||||
15 | the Interstate Commerce Commission; and
| ||||||
16 | (2) any ammunition designed exclusively for use with a | ||||||
17 | stud or rivet
driver or other similar industrial | ||||||
18 | ammunition. | ||||||
19 | "Gun show" means an event or function: | ||||||
20 | (1) at which the sale and transfer of firearms is the | ||||||
21 | regular and normal course of business and where 50 or more | ||||||
22 | firearms are displayed, offered, or exhibited for sale, | ||||||
23 | transfer, or exchange; or | ||||||
24 | (2) at which not less than 10 gun show vendors display, | ||||||
25 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
26 | firearms.
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| |||||||
1 | "Gun show" includes the entire premises provided for an | ||||||
2 | event or function, including parking areas for the event or | ||||||
3 | function, that is sponsored to facilitate the purchase, sale, | ||||||
4 | transfer, or exchange of firearms as described in this Section.
| ||||||
5 | Nothing in this definition shall be construed to exclude a gun | ||||||
6 | show held in conjunction with competitive shooting events at | ||||||
7 | the World Shooting Complex sanctioned by a national governing | ||||||
8 | body in which the sale or transfer of firearms is authorized | ||||||
9 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
10 | Section 24-3 of the Criminal Code of 2012. | ||||||
11 | Unless otherwise expressly stated, "gun show" does not | ||||||
12 | include training or safety classes, competitive shooting | ||||||
13 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
14 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| ||||||
15 | any other event where the sale or transfer of firearms is not | ||||||
16 | the primary course of business. | ||||||
17 | "Gun show promoter" means a person who organizes or | ||||||
18 | operates a gun show. | ||||||
19 | "Gun show vendor" means a person who exhibits, sells, | ||||||
20 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
21 | show, regardless of whether the person arranges with a gun show | ||||||
22 | promoter for a fixed location from which to exhibit, sell, | ||||||
23 | offer for sale, transfer, or exchange any firearm. | ||||||
24 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
25 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
26 | Developmental Disabilities Code. |
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| |||||||
1 | "Mental health facility" means any licensed private | ||||||
2 | hospital or hospital affiliate, institution, or facility, or | ||||||
3 | part thereof, and any facility, or part thereof, operated by | ||||||
4 | the State or a political subdivision thereof which provide | ||||||
5 | treatment of persons with mental illness and includes all | ||||||
6 | hospitals, institutions, clinics, evaluation facilities, | ||||||
7 | mental health centers, colleges, universities, long-term care | ||||||
8 | facilities, and nursing homes, or parts thereof, which provide | ||||||
9 | treatment of persons with mental illness whether or not the | ||||||
10 | primary purpose is to provide treatment of persons with mental | ||||||
11 | illness. | ||||||
12 | "National governing body" means a group of persons who | ||||||
13 | adopt rules and formulate policy on behalf of a national | ||||||
14 | firearm sporting organization. | ||||||
15 | "Patient" means: | ||||||
16 | (1) a person who : | ||||||
17 | (a) is admitted as an in-patient or resident of a | ||||||
18 | public or private mental health facility for mental | ||||||
19 | health treatment under Chapter III of the Mental Health | ||||||
20 | and Developmental Disabilities Code as an informal | ||||||
21 | admission under Article III, a voluntary admission | ||||||
22 | under Article IV, a minor admission under Article V, an | ||||||
23 | emergency admission under Article VI, or an | ||||||
24 | involuntary admission under Article VII; or | ||||||
25 | (b) is otherwise provided mental health treatment | ||||||
26 | as an in-patient or resident by a voluntarily receives |
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| |||||||
1 | mental health treatment as an in-patient or resident of | ||||||
2 | any public or private mental health facility, unless | ||||||
3 | the treatment was solely for an alcohol abuse disorder | ||||||
4 | and no other secondary substance abuse disorder or | ||||||
5 | mental illness; or | ||||||
6 | (2) a person who voluntarily or involuntarily receives | ||||||
7 | mental health treatment as an out-patient or is otherwise | ||||||
8 | provided services by a public or private mental health | ||||||
9 | facility, and who poses a clear and present danger to | ||||||
10 | himself, herself, or to others. | ||||||
11 | "Person with a developmental disability" means a person | ||||||
12 | with a disability which is attributable to any other condition | ||||||
13 | which results in impairment similar to that caused by an | ||||||
14 | intellectual disability and which requires services similar to | ||||||
15 | those required by persons with intellectual disabilities. The | ||||||
16 | disability must originate before the age of 18
years, be | ||||||
17 | expected to continue indefinitely, and constitute a | ||||||
18 | substantial disability. This disability results, in the | ||||||
19 | professional opinion of a physician, clinical psychologist, or | ||||||
20 | qualified examiner, in significant functional limitations in 3 | ||||||
21 | or more of the following areas of major life activity: | ||||||
22 | (i) self-care; | ||||||
23 | (ii) receptive and expressive language; | ||||||
24 | (iii) learning; | ||||||
25 | (iv) mobility; or | ||||||
26 | (v) self-direction. |
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| |||||||
1 | "Person with an intellectual disability" means a person | ||||||
2 | with a significantly subaverage general intellectual | ||||||
3 | functioning which exists concurrently with impairment in | ||||||
4 | adaptive behavior and which originates before the age of 18 | ||||||
5 | years. | ||||||
6 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
7 | the Mental Health and Developmental Disabilities Code. | ||||||
8 | "Qualified examiner" has the meaning provided in Section | ||||||
9 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
10 | "Sanctioned competitive shooting event" means a shooting | ||||||
11 | contest officially recognized by a national or state shooting | ||||||
12 | sport association, and includes any sight-in or practice | ||||||
13 | conducted in conjunction with the event.
| ||||||
14 | "School administrator" means the person required to report | ||||||
15 | under the School Administrator Reporting of Mental Health Clear | ||||||
16 | and Present Danger Determinations Law. | ||||||
17 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
18 | Section 24-1 of the Criminal Code of 2012. | ||||||
19 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
20 | eff. 7-27-15; 99-642, eff. 7-28-16.)
| ||||||
21 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
22 | Sec. 3.1. Firearm transfer inquiry program Dial up system . | ||||||
23 | (a) The Department of State Police shall provide
a firearm | ||||||
24 | transfer inquiry program consisting of a dial up telephone | ||||||
25 | system or utilize other existing technology which shall be used |
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| |||||||
1 | by any federally licensed
firearm dealer, gun show promoter, or | ||||||
2 | gun show vendor who is to transfer a firearm, stun gun, or | ||||||
3 | taser under the provisions of this
Act. The Department of State | ||||||
4 | Police may utilize existing technology which
allows the caller | ||||||
5 | to be charged a fee not to exceed $2. Fees collected by the | ||||||
6 | Department of
State Police shall be deposited in the State | ||||||
7 | Police Services Fund and used
to provide the service.
| ||||||
8 | (b) Upon receiving a request from a federally licensed | ||||||
9 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
10 | Department of State Police shall immediately approve, or within | ||||||
11 | the time
period established by Section 24-3 of the Criminal | ||||||
12 | Code of 2012 regarding
the delivery of firearms, stun guns, and | ||||||
13 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
14 | show vendor of any objection that
would disqualify the | ||||||
15 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
16 | taser. In
conducting the inquiry, the Department of State | ||||||
17 | Police shall initiate and
complete an automated search of its | ||||||
18 | criminal history record information
files and those of the | ||||||
19 | Federal Bureau of Investigation, including the
National | ||||||
20 | Instant Criminal Background Check System, and of the files of
| ||||||
21 | the Department of Human Services relating to mental health and
| ||||||
22 | developmental disabilities to obtain
any felony conviction or | ||||||
23 | patient hospitalization information which would
disqualify a | ||||||
24 | person from obtaining or require revocation of a currently
| ||||||
25 | valid Firearm Owner's Identification Card. | ||||||
26 | (c) If receipt of a firearm would not violate Section 24-3 |
| |||||||
| |||||||
1 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
2 | Department of State Police shall: | ||||||
3 | (1) assign a unique identification number to the | ||||||
4 | transfer; and | ||||||
5 | (2) provide the licensee, gun show promoter, or gun | ||||||
6 | show vendor with the number. | ||||||
7 | (d) Approvals issued by the Department of State Police for | ||||||
8 | the purchase of a firearm are valid for 30 days from the date | ||||||
9 | of issue.
| ||||||
10 | (e) (1) The Department of State Police must act as the | ||||||
11 | Illinois Point of Contact
for the National Instant Criminal | ||||||
12 | Background Check System. | ||||||
13 | (2) The Department of State Police and the Department of | ||||||
14 | Human Services shall, in accordance with State and federal law | ||||||
15 | regarding confidentiality, enter into a memorandum of | ||||||
16 | understanding with the Federal Bureau of Investigation for the | ||||||
17 | purpose of implementing the National Instant Criminal | ||||||
18 | Background Check System in the State. The Department of State | ||||||
19 | Police shall report the name, date of birth, and physical | ||||||
20 | description of any person prohibited from possessing a firearm | ||||||
21 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
22 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
23 | Background Check System Index, Denied Persons Files.
| ||||||
24 | (3) The Department of State Police shall , within 3 business | ||||||
25 | days, provide notice of the disqualification of a person under | ||||||
26 | subsection (b) of this Section or the revocation of a person's |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card under Section 8 or Section | ||||||
2 | 8.2 of this Act, and the reason for the disqualification or | ||||||
3 | revocation, to all law enforcement agencies with jurisdiction | ||||||
4 | to assist with the seizure of the person's Firearm Owner's | ||||||
5 | Identification Card. | ||||||
6 | (f) The Department of State Police shall adopt rules not | ||||||
7 | inconsistent with this Section to implement this
system.
| ||||||
8 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .) | ||||||
9 | (430 ILCS 65/3.3)
| ||||||
10 | Sec. 3.3. Report to the local law enforcement agency ; | ||||||
11 | notification to the Federal Bureau of Investigation . | ||||||
12 | (a) The Department of
State Police must report the name and | ||||||
13 | address
of a person to the local law enforcement agency where | ||||||
14 | the person resides if the
person attempting to purchase a | ||||||
15 | firearm is disqualified from purchasing a
firearm because of | ||||||
16 | information obtained
under subsection (a-10) of Section 3 or | ||||||
17 | Section 3.1 that would disqualify the person from obtaining a | ||||||
18 | Firearm Owner's Identification Card under any of subsections | ||||||
19 | (c) through (n) of Section 8 of this Act.
| ||||||
20 | (b) The Department of State Police may notify the Federal | ||||||
21 | Bureau of Investigation when a person named on the consolidated | ||||||
22 | Terrorist Watchlist maintained by the Terrorist Screening | ||||||
23 | Center administrated by the Federal Bureau of Investigation is | ||||||
24 | making application for a Firearm Owner's Identification Card. | ||||||
25 | (Source: P.A. 98-508, eff. 8-19-13.)
|
| |||||||
| |||||||
1 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
2 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
3 | of State Police has authority to deny an
application for or to | ||||||
4 | revoke and seize a Firearm Owner's Identification
Card | ||||||
5 | previously issued under this Act only if the Department finds | ||||||
6 | that the
applicant or the person to whom such card was issued | ||||||
7 | is or was at the time
of issuance:
| ||||||
8 | (a) A person under 21 years of age who has been | ||||||
9 | convicted of a
misdemeanor other than a traffic offense or | ||||||
10 | adjudged delinquent;
| ||||||
11 | (b) A person under 21 years of age who does not have | ||||||
12 | the written consent
of his parent or guardian to acquire | ||||||
13 | and possess firearms and firearm
ammunition, or whose | ||||||
14 | parent or guardian has revoked such written consent,
or | ||||||
15 | where such parent or guardian does not qualify to have a | ||||||
16 | Firearm Owner's
Identification Card;
| ||||||
17 | (c) A person convicted of a felony under the laws of | ||||||
18 | this or any other
jurisdiction;
| ||||||
19 | (d) A person addicted to narcotics;
| ||||||
20 | (e) A person who has been a patient of a mental health | ||||||
21 | facility within the
past 5 years or a person who has been a | ||||||
22 | patient in a mental health facility more than 5 years ago | ||||||
23 | who has not received the certification required under | ||||||
24 | subsection (u) of this Section. An active law enforcement | ||||||
25 | officer employed by a unit of government who is denied, |
| |||||||
| |||||||
1 | revoked, or has his or her Firearm Owner's Identification | ||||||
2 | Card seized under this subsection (e) may obtain relief as | ||||||
3 | described in subsection (c-5) of Section 10 of this Act if | ||||||
4 | the officer did not act in a manner threatening to the | ||||||
5 | officer, another person, or the public as determined by the | ||||||
6 | treating clinical psychologist or physician, and the | ||||||
7 | officer seeks mental health treatment;
| ||||||
8 | (f) A person whose mental condition is of such a nature | ||||||
9 | that it poses
a clear and present danger to the applicant, | ||||||
10 | any other person or persons or
the community;
| ||||||
11 | (g) A person who has an intellectual disability;
| ||||||
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 | (i-5) An alien who has been admitted to the United | ||||||
17 | States under a
non-immigrant visa (as that term is defined | ||||||
18 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
19 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
20 | (i-5) does not apply to any alien who has been lawfully | ||||||
21 | admitted to
the United States under a non-immigrant visa if | ||||||
22 | that alien is:
| ||||||
23 | (1) admitted to the United States for lawful | ||||||
24 | hunting or sporting purposes;
| ||||||
25 | (2) an official representative of a foreign | ||||||
26 | government who is:
|
| |||||||
| |||||||
1 | (A) accredited to the United States Government | ||||||
2 | or the Government's
mission to an international | ||||||
3 | organization having its headquarters in the United
| ||||||
4 | States; or
| ||||||
5 | (B) en route to or from another country to | ||||||
6 | which that alien is
accredited;
| ||||||
7 | (3) an official of a foreign government or | ||||||
8 | distinguished foreign visitor
who has been so | ||||||
9 | designated by the Department of State;
| ||||||
10 | (4) a foreign law enforcement officer of a friendly | ||||||
11 | foreign government
entering the United States on | ||||||
12 | official business; or
| ||||||
13 | (5) one who has received a waiver from the Attorney | ||||||
14 | General of the United
States pursuant to 18 U.S.C. | ||||||
15 | 922(y)(3);
| ||||||
16 | (j) (Blank);
| ||||||
17 | (k) A person who has been convicted within the past 5 | ||||||
18 | years of battery,
assault, aggravated assault, violation | ||||||
19 | of an order of protection, or a
substantially similar | ||||||
20 | offense in another jurisdiction, in which a firearm was
| ||||||
21 | used or possessed;
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22 | (l) A person who has been convicted of domestic | ||||||
23 | battery, aggravated domestic battery, or a substantially
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24 | similar offense in another jurisdiction committed before, | ||||||
25 | on or after January 1, 2012 (the effective date of Public | ||||||
26 | Act 97-158). If the applicant or person who has been |
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1 | previously issued a Firearm Owner's Identification Card | ||||||
2 | under this Act knowingly and intelligently waives the right | ||||||
3 | to have an offense described in this paragraph (l) tried by | ||||||
4 | a jury, and by guilty plea or otherwise, results in a | ||||||
5 | conviction for an offense in which a domestic relationship | ||||||
6 | is not a required element of the offense but in which a | ||||||
7 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
8 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
9 | Procedure of 1963, an entry by the court of a judgment of | ||||||
10 | conviction for that offense shall be grounds for denying an | ||||||
11 | application for and for revoking and seizing a Firearm | ||||||
12 | Owner's Identification Card previously issued to the | ||||||
13 | person under this Act;
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14 | (m) (Blank);
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15 | (n) A person who is prohibited from acquiring or | ||||||
16 | possessing
firearms or firearm ammunition by any Illinois | ||||||
17 | State statute or by federal
law;
| ||||||
18 | (o) A minor subject to a petition filed under Section | ||||||
19 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
20 | minor is a delinquent minor for
the commission of an | ||||||
21 | offense that if committed by an adult would be a felony;
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22 | (p) An adult who had been adjudicated a delinquent | ||||||
23 | minor under the Juvenile
Court Act of 1987 for the | ||||||
24 | commission of an offense that if committed by an
adult | ||||||
25 | would be a felony;
| ||||||
26 | (q) A person who is not a resident of the State of |
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1 | Illinois, except as provided in subsection (a-10) of | ||||||
2 | Section 4; | ||||||
3 | (r) A person who has been adjudicated as a person with | ||||||
4 | a mental disability; | ||||||
5 | (s) A person who has been found to have a developmental | ||||||
6 | disability; | ||||||
7 | (t) A person involuntarily admitted into a mental | ||||||
8 | health facility; or | ||||||
9 | (u) A person who has had his or her Firearm Owner's | ||||||
10 | Identification Card revoked or denied under subsection (e) | ||||||
11 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
12 | (a) of Section 4 of this Act because he or she was a | ||||||
13 | patient in a mental health facility as provided in | ||||||
14 | subsection (e) of this Section, shall not be permitted to | ||||||
15 | obtain a Firearm Owner's Identification Card, after the | ||||||
16 | 5-year period has lapsed, unless he or she has received a | ||||||
17 | mental health evaluation by a physician, clinical | ||||||
18 | psychologist, or qualified examiner as those terms are | ||||||
19 | defined in the Mental Health and Developmental | ||||||
20 | Disabilities Code, and has received a certification that he | ||||||
21 | or she is not a clear and present danger to himself, | ||||||
22 | herself, or others. The physician, clinical psychologist, | ||||||
23 | or qualified examiner making the certification and his or | ||||||
24 | her employer shall not be held criminally, civilly, or | ||||||
25 | professionally liable for making or not making the | ||||||
26 | certification required under this subsection, except for |
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1 | willful or wanton misconduct. This subsection does not | ||||||
2 | apply to a person whose firearm possession rights have been | ||||||
3 | restored through administrative or judicial action under | ||||||
4 | Section 10 or 11 of this Act ; or | ||||||
5 | (v) A person who is charged with making a terrorist | ||||||
6 | threat as set forth in Section 29D-20 or soliciting or | ||||||
7 | providing material support for terrorism as set forth in | ||||||
8 | Section 29D-29.9 of the Criminal Code of 2012 or a similar | ||||||
9 | offense of another state or under federal law . | ||||||
10 | Upon revocation of a person's Firearm Owner's | ||||||
11 | Identification Card, the Department of State Police shall | ||||||
12 | provide notice to the person and the person shall comply with | ||||||
13 | Section 9.5 of this Act. | ||||||
14 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
15 | eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||||||
16 | (430 ILCS 65/9.5) | ||||||
17 | Sec. 9.5. Revocation of Firearm Owner's Identification
| ||||||
18 | Card. | ||||||
19 | (a) A person who receives a revocation notice under Section | ||||||
20 | 9 of this Act shall, within 48 hours of receiving notice of the | ||||||
21 | revocation: | ||||||
22 | (1) surrender his or her Firearm Owner's | ||||||
23 | Identification Card to the local law enforcement agency | ||||||
24 | where the person resides. The local law enforcement agency | ||||||
25 | shall provide the person a receipt and transmit the Firearm |
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1 | Owner's Identification Card to the Department of State | ||||||
2 | Police; and | ||||||
3 | (2) complete a Firearm Disposition Record on a form | ||||||
4 | prescribed by the Department of State Police and place his | ||||||
5 | or her firearms in the location or with the person reported | ||||||
6 | in the Firearm Disposition Record. The form shall require | ||||||
7 | the person to disclose: | ||||||
8 | (A) the make, model, and serial number of each | ||||||
9 | firearm owned by or under the custody and control of | ||||||
10 | the revoked person; | ||||||
11 | (B) the location where each firearm will be | ||||||
12 | maintained during the prohibited term; and | ||||||
13 | (C) if any firearm will be transferred to the | ||||||
14 | custody of another person, the name, address and | ||||||
15 | Firearm Owner's Identification Card number of the | ||||||
16 | transferee. | ||||||
17 | (b) The local law enforcement agency shall provide a copy | ||||||
18 | of the Firearm Disposition Record to the person whose Firearm | ||||||
19 | Owner's Identification Card has been revoked and to the | ||||||
20 | Department of State Police. | ||||||
21 | (c) If the person whose Firearm Owner's Identification Card | ||||||
22 | has been revoked fails to comply with the requirements of this | ||||||
23 | Section, the sheriff or law enforcement agency where the person | ||||||
24 | resides may petition the circuit court to issue a warrant to | ||||||
25 | search for and seize the Firearm Owner's Identification Card | ||||||
26 | and firearms in the possession or under the custody or control |
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1 | of the person whose Firearm Owner's Identification Card has | ||||||
2 | been revoked. | ||||||
3 | (c-5) If the Department of State Police has not received | ||||||
4 | the Firearm Owner's Identification Card or Firearms | ||||||
5 | Disposition Record from the person, the Department shall send | ||||||
6 | notice of noncompliance to the sheriff and law enforcement | ||||||
7 | agency where the person resides and upon request the Department | ||||||
8 | shall make this information of noncompliance available to the | ||||||
9 | sheriff and law enforcement agency where the person resides. | ||||||
10 | (d) A violation of subsection (a) of this Section is a | ||||||
11 | Class A misdemeanor. | ||||||
12 | (e) The observation of a Firearm Owner's Identification | ||||||
13 | Card in the possession of a person whose Firearm Owner's | ||||||
14 | Identification Card has been revoked constitutes a sufficient | ||||||
15 | basis for the arrest of that person for violation of this | ||||||
16 | Section. | ||||||
17 | (f) Within 30 days after the effective date of this | ||||||
18 | amendatory Act of the 98th General Assembly, the Department of | ||||||
19 | State Police shall provide written notice of the requirements | ||||||
20 | of this Section to persons whose Firearm Owner's Identification | ||||||
21 | Cards have been revoked, suspended, or expired and who have | ||||||
22 | failed to surrender their cards to the Department. Within 30 | ||||||
23 | days
after the effective date of this amendatory Act of the | ||||||
24 | 100th
General Assembly, and by January 31 of each year | ||||||
25 | thereafter, the
Department of State Police shall provide | ||||||
26 | written notice, in the form and manner prescribed by the |
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1 | Department, of the
requirements of this Section to every | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | sheriff and law enforcement agency within this State. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (g) A person whose Firearm Owner's Identification Card has | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | been revoked and who received notice under subsection (f) shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | comply with the requirements of this Section within 48 hours of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | receiving notice.
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7 | (Source: P.A. 98-63, eff. 7-9-13.)
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